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Home My WebLink About17-3983 Recorded (Denial) Resolutions ~(pl~ w~ P+K& I IIIIIII IIII IIII Ill II I II Ill 111111111111111 ll -~q g 3 Doc No A10529852 Certified , filed and/or recorded on Feb 20 , 2018 8:01 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 122 Pkg ID 1658398E Document Recording Fee $46.00 Document Total $46 .00 This cover sheet is now a permanent part of the recorded document. / CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6828 --------- A RESOLUTION DENYING THE REQUEST TO VACATE A DE,DICATED RIGHT-OF-WAY WITHIN THE PLAT OF WINSHIPS SUBDIVISION OF LOT 1 SPRING PARK 2ND DIVISION, HENNEPIN COUNTY, MINNESOTA FILE NO. 17-3983 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Eric and Liz Vogstrom, married, (hereinafter the "Applicant") owned the property located at 2618 Casco Point Road, within the City of Orono (hereinafter "City") and legally described as: The North 80.00 Feet of Block 3, Winships Subdivision of Lot 1, Spring Park Second Addition, Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, the Applicant has applied for vacation of a dedicated unimproved public right-o'f-way abutting the above mentioned properties; and WHEREAS, the portion of the right-of-way to be vacated is seen as Spring Street on the Original Plat of Winships Subdivision of Lot 1, Spring Park Second Addition, and attached as Exhibit A WHEREAS, on October 13, 2018 in accordance with MN Statute 412.851 a written notice of the petition was served by certified mail upon the commissioner of natural resources; and WHEREAS, on January 16 , 2018, the Planning Commission opened a public hearing and recommended recommended denial of the vacation; and WHEREAS, on February 12, 2018 , after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council continued the publ ic hearing , at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on February 12 , 2018, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and Page 1 of 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 8 2 8 ---------- WHEREAS, the Orono Council finds the vacation as proposed does not meet the standards for a right of way vacation with consideration of the following findings: 1. The property is unimproved right of way to the shore with the purpose for pedestrian use . The Council finds that vacating the right-of-way as requested will impact the present or future public accessibility to the lake. 2 . The City of Orono asserts that there is a public benefit to retaining the right of way that potentially provide public access to the lake from other right-of ways further back from the lake. 3. The City of Orono has storm sewer facilities within the portion of right-of way to be vacated . 4. Electric, gas, telephone and cable utilities have been notified of the proposed vacation and none have objected to the vacation nor indicated they have existing facilities within the easement area. 5. The City Council finds that this right-of-way identified as a pedestrian access to the lake in the Orono Comprehensive Plan. 6 . The City Council finds that: a) The vacation would affect access for use of the lake for the public. The property owner's legal access to their property will not be affected by the City maintaining the unimproved right of way. b) The City has identified the right of way in the Comprehensive Plan as a pedestrian access to Lake Minnetonka and has used parts of the right of way for storm water utilities. c) The unimproved dedicated right-of-way as it exists serves a public purpose . NOW, THEREFORE, BE IT RESOLVED, that the vacation of unimproved right-of-way as described above, and as shown Exhibit A, is hereby denied by the City Page 2 of 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6828 NO. ________ _ Council of the City of Orono on this 121h day of February 2018. ATTEST: ~U- Anna Carlson, City Clerk , Dennis Walsh, Mayor Page 3 of 3 ------ H Hennepin County Property Map '•, .. PARCEL ID: 20117232A0038 OWNER NAME : E J Vogstrom & EA Vogstrom PARCEL ADDRESS: 2618 Casco Point Rd , Orono MN 55391 PARCEL AREA: o;64 ecres, 27,983 sq ft A-T•B : Abstract SALE PRICE: $1,300,000 SALE DATA: 12/2013 SALE CODE: Excluded From Ratio Studies ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Residential Lake Shore HOMESTEAD: Non-Homestead MARKET VALUE: $1,154,000 TAX TOTAL: $15,516.94 ASSESSED 2017, PAYABLE 2018 PROPERTY TYPE : Residential Lake Shore HOMESTEAD: Non-homestead MARKET VALUE: $1,361,000 25 Da1e: 10/13/2017 (34) t ' I ; ., ' , , ' ' , ' ., , I I I ' ' , I I I ' ·' I I I r , , ' 1 inch = 100 feet Comments: lhlt dote (I) It. llrnllhod 'AS IS' ..ti> no ,-pruentltlon a to Qlmpl1tln HI or ac:cura~i (DJ lafurri&hedwtlh no I ; MJ'ranly ofonyklnd;ond~l)II notailtable for i.g.1, onglnoerlng 0t eurveylng purpo-. Hlnnopln County ohlll not bl lohle !orony domogo, Injury orlou roa,ijng !rvm Olio dolL COPYRIGHT C HENNEPIN COUNTY 2017 6 8 2 8 Resolut ion. ______ _ Exhibit A 0\ ~~~~ .. 1w~~-~~ 7 ~ ,I ...... 1---"---o1 i,. • \c ..,, • ·1. i:.--~---4. 1,s_.~ .,..,. , ~9 t ' .... \ STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on February 12 , 2018 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 14th day of February 2018. ~U- Anna Carlson, City Clerk (seal)