HomeMy WebLinkAbout#4140-vacating portions of property-1998 � °� -.
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, C ITY of ORONO
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�� G'� RESOLUTION OF�H� C�JT� COUNC�L
�9kESII�g'�' . NO.
A RESOLUTION VACATING
iT1vIi�IPROVED PORTIONS OF PORTLAND PLACE
WITHIN THE PLAT OF
"SAGA HILL REVISED"
IN THE CITY OF ORONO,
� HENi�TEPIN COUNTY, MINNESOTA
FILE NO. 2388
WI�REAS, the City of Orono is a municipal corporation organized and eacisting
under the laws of the State of Minnesota; and
WHEREAS, on June 12, 1998, W. Wyatt Moe (hereinafter the "app�icant") filed
a petition with the City of Orono requesting the vacation of an unimproved public right-of-way
adjacent to his properties at 1220 Loma Linda Avenue and 1230 Spruce Place, such right-of-
way ariginally dedicated as "Portland Place" in the plat of Saga Hill Revised, Hennepin
County, Minnesota in 1887 and legally described as follows:
That part of Portland Place as dedicated to the public within the plat of
Saga Hill Revised, Hennepin County, Minnesota, which lies south of the
westerly extension across said Place of the northerly line extended of Lot
1, Block 1, Saga Hill Revised, and north of the westerly extension across
said Place of the southerly line extended of Lot 4, Block 1, Saga Hill
Revised; EXCEPT that portion of the east half of Portland Place adjacent
to Lots 1 and 2, Block 1, Saaa Hill Revised, which was vacated by the
. City Council on October 23, 1961 and filed with Hennepin County as
document #3514499 on December 2, 1964; and
WHEREAS, after due published and posted notice, a public hearing was held '
by the Orono Planning Commission on July 20, 1998, regazding said vacation and all interested
persons were given an opportunity to be heard; and
`VHER�AS, after due standing and consideradon, the Planning Commission on
July 20, 1998 recommended unanimous approval of the proposed vacation; and
`VHEREAS, the City Council of the City of Orono finds that said vacation as
proposed is in keepin� �vith the public interest and in consideration of the following fmdings:
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. CITY of ORONO
� �
�� G�' RESOLUTION OF THE CITY COUNCIL
. \L9kESH�g'� NO. � � L r.''..
1. The portion of Portland Place to be vacated has never been improved as a public
roadway, but does contain City and other public utility lines which serve the
public.
2. The vacation of Portland Place will not eliminate access to any adjoining or
nearby properties.
3. Utility companies have been notified of the proposed vacation and Minnegasco
has indicated that an easement for a gas main is required if the vacation occurs.
4. The City does not intend to use the portions of Portland Place to be vacated for
any public purpose other than for the utility purposes noted.
NOW, THEREFORE, BE IT RESOLVED, that the petition of W. Wyatt Moe
is hereby granted by the Council of the City of Orono and that the portion of Portland Place
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 maintain, operate, repair or reconstruct said public
utilities and the right of ingress to and egress from said public utility.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on August 10, 1998.
ATTEST:
� , 1 / ��,
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Linda S. Vee, City Clerk Gabri Jabbour, Mayor
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