HomeMy WebLinkAboutReso #6690 - File No. 16-3870 �
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Doc No A10390123
Certified, filed andbr recorded on
Dec 1, 2016 4:30 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 92 Pkg ID 1486131M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
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���� CITY OF ORONO
RESOLUTION OF THE CITY COLTNCIL
��q ��,Gfi No. 6 6 9 �
kFSHo
A RESOLUTION VACATING
A DEDICATED RIGHT-OF-WAY WITHIN THE
PLAT OF BAYSIDE ADDITION TO LAKE MINNETONKA,
HENNEPIN COUNTY, MINNESOTA
FILE NO. 16-3870
WHEREAS, the City of Orono is a municipal corporation organized and
existing under the laws of the State of Minnesota; and
WHEREAS, Scott D. Hochstedler, a single person, (hereinafter the "Applicant") owns the
property located at 290 Crestview Avenue, within the City of Orono (hereinafter "City") and
legally described as: Lots 7 & 8, Block 1, Bayside Addition to Lake Minnetonka, Hennepin
County, Minnesota (hereinafter"the Property"); and
WHEREAS, the Applicant has applied for vacation of a dedicated public right-
of-way abutting the above mentioned property; and
WHEREAS, the portion of the right-of-way to be vacated is legally described
as follows:
That part of Hill Street as dedicated in the plat of "Bayside Addition to
Lake Minnetonka, Hennepin County, Minnesota" immediately adjacent to
property described as Lots 7 and 8, all of Block 1 of said plat; and
WHEREAS, after due published mailed notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning
Commission held a public hearing on October 17, 2016 regarding said vacation and all
interested persons were given an opportunity to be heard; and
WHEREAS, on October 17, 2016 the Orono Planning Commission
reviewed the application and on a vote of 5-0 recommended approval of said vacation;
and
WHEREAS, the Orono Council finds the vacation as proposed is in keeping
with the public interest and in consideration of the following findings:
1. The parcels adjacent to the proposed vacation have developed, additional
rights of way for access are not necessary
Page 1 of 3
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���� CITY OF ORONO
RESOLUTION OF TH� CITY COUNCIL
y� G�� No. � 690
�qKES H���
2. Other nearby segments of Hill Street have been vacated by the City,
including that portion west of Crestview in 2001 ; This right-of-way
discontinuity is an additional factor that supports the currently requested
vacation.
3. Hill Street ROW does not continue East.
4. The City of Orono has no municipal sewer, water, or storm sewer facilities
within the portion of right-of-way to be vacated.
5. 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.
6. The City Council finds that this particular right-of-way has no apparent
present or future benefit to the public because of the topography of the site.
The City, the County and the State are not likely to spend tax dollars
maintaining this shoreline.
7. The City Council finds that:
a) The vacation does not affect access to or use of any adjoining
property. The property owner's legal access to the property will not
be affected by the vacation of Hill Street and no adjacent or nearby
properties will have their access limited by it.
b) The City has not and does not intend to develop, improve, or use the
dedicated right-of-way as a road or for utilities or access purposes.
c) The unimproved dedicated right-of-way as it exists serves no public
purpose.
NOW, THEREFORE, BE IT RESOLVED, that the vacation of the portion of
Hill Street right-of-way as described above, and as shown on the Certificate of Survey
attached as Exhibit A, is hereby granted by the City Council of the City of Orono on this
14th day of November, 2016.
Page 2 of 3
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���� CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y�' �` No. � � � C
j�KESHOR``
ATTEST:
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9 � Y Lili Tod McMillan, Mayor
Page 3 of 3
� � Resolution
CERTIFIGi�TE OF SURUEY FOR Exhibit A
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LEGAL DESCRIPTION OF PREMISES :
Lots 7 and 8, Block 1, "Bayside Addition to Lake �dinnetonka"
s : denotes iron marker found
(908.3): denotes existing spot elevotion, mean sea level datum, 4aken
from field survey on 8-4—OS, and 8-4-16
—si7�--: donotes existing contour line, mean seo level dat�an
�—: denotes proposed contour line, mean sea level datum
Bearings shown are based upon an ossumed datum.
This survey intends to show the boundaries of the obove described property, the
location of an existing hous� and garage, spot elevatio�ns, topography, the location
of oll visible "hardcover", and the proposed locotion of a proposed cddition thereon.
It does not purport to show any other improvements or encroachments.
/^a'p(�'py 'p/^� /� '�y I hr�b eerytif that this s�rve wa.
!.7 i�V lMe�E t�b\.Z li l�i� °��eredmCivl Erpir��md Lmd Sirveyor under t�he I 'A�
.t�.����I A T E S �1�C. laws of the State of Meneaota.
COPdSULTING SPIGYNSSR�, LAIdD �'"6
$URVEYOR9, dc 3Tf� PLAKNER9 .�oe w.
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952-473-4141 Morlc S. 47onbarq Mimeeota Licerree 72755 ���A
18-287A
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STATE OF MINNESOTA )
COUNTY OF HENNEPIN � ss
The undersigned, being duly qualified and appointed City Clerk of the City of Orono,
Minnesota, certifies that I compared the foregoing was adopted at the meeting of the Orono City
Council on November 14, 2016, 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 "ea�Q�;{�,City this
21 St day of November, 2016.
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