HomeMy WebLinkAbout#5147-Vacating ROW-20047 M
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RESOLUTION OF THE CITY COUNCIL
�t�kESII�4�G NO. -� � � '<;
A RESOLUTION VACATING
UNIMPROVED PORTIONS OF
AN UI�'NAMED ROAD RIGHT-0E-WAY
WITHIN THE PLAT OF
"NORTH SHORE COTTAGE ACRES LAKE MINNETONKA"
IN THE CITY OF ORONO,
HENNEPIN COUNTY, MINNESOTA
FILE NO. 04-2996
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Miiuiesota; and
WHEREAS, on February 18, 2004,Robert A. Carlson (hereinafter the "petitioner")
representing Jyland Distulctive Homes,Inc. (hereinafter"the owner") filed a petition with the City of
Orono requesting the vacation of an uiumproved public right-of-way adjacent to the propert}�at 1070
Ferndale Road West, such ri�ht-of-way originally dedicated as an unnamed road in the plat of?�Torth
Shore Cottage acres Lake Minnetonka,Heruiepin County,Minnesota in 1902 and legally descnbed
as follows:
The road or street as dedicated to the public in the plat of North Shore Cottage
Acres Lake Minnetonka shown as 30 feet wide lying Southwesterly of the
Westerly line of Lot 4, between Lots 5 and 6 and 1�'ortheasterly of a line drawn
from the most Westerly corner of Lot 5 to the most Southerly corner of Lot 6,
all in North Shore Cottage Acres Lake Minnetonka, Hennepin County,
Minnesota; and
VVHEREAS, after due published and posted notice, a public hearing was held by the
Orono Platuling Commission oi1 March 15, 2004,regarding said vacation and all interested persons
were giveu an opportunity to be heard; and
WHEREAS,a$er due standing and consideratioi�,the Plaunuig Corninission on March
15, 2004 recommended unanimous approval of the proposed vacation; and
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RESOLUTION OF THE CITY COUNCIL
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«'HEREAS, the City Council of the City of Orono finds that said vacation as
proposed is in lceeping with the public interest and in consideration of the following findings:
L The portion of dedicated right-of-way to be vacated has never been improved as a
public roadway, but does contain City and other public utility lines which serve the
owner and the public.
2. The vacation of said nght-of-way will not eliminate access to any adjouung or nearby
properties, nor does it provide access to Lake Miiuletonka or any otl7er public
amenity. Furthernlore, said right-of-way abuts only the petitioner's property and
Ferndale Road West.
3. Utility companies have been notified of the proposed vacation and Xcel Energy has
indicated that an easement for a power distribution lines is required if the vacation
occurs.
4. The City does not intend to use the portion of right-of-way to be vacated for
any public purpose other than for the utility purposes noted.
NOW,THEREFORE,BE IT RESOLVED,that the petition of Robert A. Carlson
on behalf of Jyland Distinctive Homes, I�7c. is hereby granted by the Council of the City of Orono
and that the portion of right-of-way as legally described above is hereby vacated, subject to the
following:
1. Reservation of a perpetual easement for public utility purposes over, under and across
the vacated right-of-way, which easement shall include the right of the public utility
provider to mauitain, operate,repair or reconstruct said public utilities and the right of
in�ress to and egress from said puUlic utility.
2. The aforesaid easeinent shall be separately documented and filed with the Hennepin
County Registrar of Titles.
3. The vacated property shall be legally combined with the adjoining three tax parcels:
(02-117-23 43 0002, 02-117-23 43 0004, 02-117-23 43 0006)
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Adopted by the City Council of the City of Orono, Minnesota at a regular ineeting
held on April 12, 2004.
ATTEST:
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Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
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