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HomeMy WebLinkAbout#838 Resolution 1699S l M HAS CROFILMED RESOLUTION OF THE CITY COUNCIL NO. 1699 A RESOLUTION VACATING AN UNUSED PORTION OF MAPLE AVENUE WITHIN THE PLAT OF SPRING PARK SECTION 20, TOWNSHIP 117, RANGE 23 IN THE CITY OF ORONO, MINNESOTA WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on May 20, 1984, Thomas Bernier, Gary Barr and Doug Klint filed a petition with the City of Orono requesting the vacation of a portion of Maple Avenue originally dedicated in the plat of Spring Park legally described a~ follows: That part of Maple Avenue lying Westerly and Southwesterly of a line drawn from the most Northerly corner of Lot 1, Block 1, Ivy Estates, to the most Easterly corner of Lot 18 4, Taylor's Subdivision of Spring Park Lots, and lying Northeasterly of a line described as follows: Beginning at the Southerly corner of Tract V, Registered Land Survey No. 461, files of Registrar of Titles, County of Hennepin; thence Southeasterly along the Southeasterly extension of the Southewesterly line of said Tract V to the centerline of said Maple Avenue; thence Southwesterly along said centerline to its intersection with the Northwesterly extension of the Southwesterly line of Lot 161, Winship's Subdivision of Spring Park Lots; thence Southeasterly along said Northwesterly extension to the most Westerly corner of said Lot 161, and there ending. WHEREAS, after due published and posted notice, a public hearing was held before the City Planning Commission on June 18, 1984, regarding said vacation and all persons interested were given an opportunity to be heard; and WHEREAS, after due standing and consideration, the Planning Commission recommended approval of the requested vacation and the Council of the City .of Orono finds that said vacation, as proposed, is in keeping with the public interest in consideration of the following findings: 1. The vacation does not affect access to or use of any adjoining property. 2. The City has not and does not intend to develop, improve or use the dedicated right-of-way as a road except for utilities and access purposes hereinafter described. Pagel of 2 ,,· . ::s BEEN City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1699 3. The unimproved dedicat e d right-of-way as it e x ists serves no public purpose. NOW, THEREFORE, BE IT RESOLVED, that the petition of Thomas Bernier, Gary Barr and Doug Klint is hereby granted and that the portion of Maple Avenue legally des~ribed above is hereby vacated. The granting of the petition is subject to the following conditions: 1. Upon vacation, Thomas Bernier and Doug Klint must combine the vacated portions of Maple Avenue with their respective homestead properties (Lot 1, Block l Ivy Estates and Lot 184 Taylor's Subdivision of Spring Park Lots). 2. Upon vacation, Doug Klint and Thomas Bernier must execute a utilities and access easement for existing municipal water and sewer lines that intersects the vacated portion of Maple Avenue, granting easement rights to the City over, under ind above that vacated portion of Maple Avenue. 3. Upon vacation, Doug Klint will quit claim deed to the City additional right-of-way for Ivy Lane providing five (5) feet for maintenance ditch along travelled roadway. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held November 26, 1984. Page 2 of 2 .1