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Home My WebLink About#3652-vacating portions of rd/utility easements-1995 ;.. •.� � O� r � � RONO , CITY of O .� � �',� G'ti RESOLUTION OF THE CITY COUNCiL ��kESI3�g'� NO. e� s c� ,`� A RESOLUTION VACATING A PORTION OF SCOTCH PINE LANE WITHIN THE PLAT OF DICON ADDITION AND VACATING DEDICATED UTILITY EASEMENTS WITHIN THE PLAT OF DICON ADDITION, SECTION 9, TOWNSHIP 117, RANGE 23 IN THE CITY OF ORONO, MYNNESOTA FILE NO. 2065 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on August 25, 199�, Samuel F. Marfield on behalf of himself and ?�vice C. '�larfield, H. Douglas Hill and Cheryl R. Hill, and William M. Toles filed a petition ��ith the City of Orono requesting the vacation of a portion of Scotch Pine Lane �vithin the plat of Dicon Addition, as well as the vacation of utility easements in the plat of Dicon Addition, legally described as follows: A. Description of Scotch Pine Lane right-of-way to be vacated: All that part of the right-of-way of S�otch Pine Lane, as donated and dedicated by Dicon Addition, according to the recorded plat thereof, Hennepin County, �innesota, which lies southerly of the northv��esterly continuation ef thz northeasterly line of Lot 4, Block 1, said Dicon Addition. B. Description of utility easements to be vacated: All utility easements in Dicon Addition, accordin� to the recorded plat thereof. Hennepin County, Minnesota; and �VHEREAS, after due published and posted notice, a public hearing �;'as held before the Orono Planning Commission on September 18, 199� and said hearin� continued on October 16, 199�, resarding said vacations and all interested persons desiring to be heard concernin� the application were given the opportunity to speal: thereon; and Page 1 of 6 �� . � �� ITY of ORONO ` �� C � �'�' ti RESOLUTION OF THE CITY COUNCIL �t<qx.E �g,�'G NO. 3 6 5 2 SI3 WHEREAS, after due standing and consideration, the Planning Commission recommended approval of the requested right-of-way vacation and utility easement vacation and the Council of the City of Orono finds that said vacations, as proposed, are in keeping with the public interest in consideration of the following findings: 1. The applicants concurrently propose a replat of Lots 1 through 4, Dicon Addition, incorporating the portion of Scotch Pine Lane to be vacated. The replat will result in three lots. Proposed Lots 1 and 2 will gain access to North Shore Drive via a shared driveway located within a proposed outlot at the current location of Scotch Pine Lane. Proposed L.ot 3 will no longer gain access �from Scotch Pine Lane but will create a new driveway access directly on to North Shore Drive approximately 200' east of the existing Scotch Pine Lane intersection. 2. The applicants are the only property owners which both abut the right-of-way of Scotch Pine Lane and which use said right-of-way for access to the�r properties. As a result of the replat, none of the applicants will require a dedicated right-of-way for access to North Shore Drive. ;. The concurrent vacation of Scotch Pine Lane and all of the utility easem.ents originally dedicated within the Dicon Addition, requires rededication of new utility easements for existing and future utility lines, which the applicants have agreed to dedicate. 4. In a letter dated November 21, 199f�S ot h Pine Lan�and the vacation of Minnegasco, consented to the vacation o platted utility easements subject to creation of new utility easements to protect Minne=asco's existing gas main. S. In a letter dated November 20, 1995, Tina Olson on behalf of Northern States Power Company, consented to the vacation of Scotch Pine Lane and the ��acation of platted utility easements subject to creation of new utility easements for existing NSP facilities. Page 2 of 6 � °� . J ° ° R No �, CITY of O O � � �',� G'tiF RESDLUTION OF THE CITY COUNCIL �9kES�I�g'� . NO. e� 6 5 `� 6. In addition to the Minnegasco and NSP easements, additional easements for the existing municipal sewer and other existing utility lines will be rededicated within the concurrent replat. 7. Upon vacation, portions of the paved surface of Scotch Pine Lane aze intended to. be removed by the applicants and those areas filled and graded to provide lawn areas with surface drainage, allowing the removal of the existing storm sewer. 8. Unique findings which support the requested vacation with concurrent replat include: a. Net hardcover reductions of 2,033 s.f. will occur within an area of the shoreland overlay district that drains to Lal:e Minnetonka, an� will decrease the runoff of salts and oils directly to the wetland and lake. b. The Long Lake Fire Department has accepted the proposed driveway surfacin� plan which provides adequate fire equipment access and staging capability. c. Hennepin County Department of Public Works has granted preliminary approval for the proposed new driveway directly on to North Shore Drive (County Road 51). d. This is the only three family cul-de-sac that drains into Lake Minnetonl:a that can be easily revegetated to slow down the drainage over blacktop into the lake. e. This is the only three family cul-de-sa� that involves a lake lot separated into ta�: parcels. This separation requires the property owners to cross a public cul-de-sac to gain access to their lakeshore. f. This is the only three family cul-de-sac that attracts strangers lool:ing for access to the lake. Removing it will decrease the number of trips on to and off of North Shore rJrive. � Page 3 of 6 � O� � � Y of ORONO ` s CIT � � �',� G~ RESOLUTION OF THE CITY COUNCIL _ t9kESH�¢� NO. eg � 5 � g. This is the only three family cul-de-sac whose removal is supported b�- all three properiy owners and the two affected neighbors. h, This is the only three family cul-de-sac along North Shore Drive where the norm is single and double private driveways. i, This is the only three family cul-de-sac the City of Orono has considered removing for almost twenty years. j. The City will no longer bear the cost of maintainin� the existing street. k. Removal of the public .street will make the area safer for children. l. Removal of the public street will increase security to the existing homes. m. Removal of the public street will improve the aesthetic view from the lake. 9. The uni�ue z.spects of this proposal as stated in items 1 through 8 above are sufficient justification to allow the removal of this pub?ic road and cul-de-sac. The Council finds that the vacation of Scotch Pine Lane is supported by unique circumstances that are not generally found in other areas of Orono where private or public roads and cul-de-sacs serving as few as three residential lots are still appropriate. The Council further finds that because Scotch Pine Lane serves onlv three residential lots, does not provide access to the lakeshore for the public, and does not provide a potential future access to neighboring properties, the public interest in Scotch Pine Lane is limited to the provision of services to the three propem� owners, which interests can be suitably served via private drive��ays and easements. 10. The �•acation of Scotch Pine Lane does not affect access to or use of an�' adjoinin� propem�. Page 4 of 6 � � � � •4 � O� • ' O O , CITY of ORONO � � ti RESOLUTION OF THE CITY COUNCIL ��l �Gti 'kESKo� No. S 5 2 11. The City no longer intends to develop, improve or continue use of the dedicated right-of-way as a road except for utilities and access purposes hereinafter described. 12. In conjunction with the concurrent replat, the dedicated right-of-way as it currently exists will serve no further public purpose. 1;. The vacation of utility easements in conjunction with the replat and rededication of utility easements, will not affect access to or iise of any adjoining property. 14. The City does not intend to further develop, improve or use the dedicated utility easements described above, subject to concun•ent rededication of easements upon the concurrent replat. 15, The dedicated utility easements to be vacated upon concurrent replat and easement rededication, will servz no further public purpose. NOW, THEREFORE BE IT RESOLVED, that the petition of Samuel and Joyce M�eld, Douglas and Cheryl Hill, and William Toles is hereby granted and that the portion of Scotch Pine Lane legally described above is hereby vacated, and the utility easements dedicated �vithin the plat of Dicon Addition are hereby vacated. The granting of this petition is subject to the following conditions: 1. Upon vacation, applicants shall complete the replatting of Lots 1 through 4, Dicon Addition and vacated Scotch Pine Lane to include the rededication of drainage and utility easements acceptable to the City of Orono, NSP, Minnegasco, and any other utilities making use of easements which have been ��acated. ?. Upon vacation, applicants shall grant over Outlot A and the necessary portions of proposed Lot l, an eas�ment for utilities and access from County Road �1 to the municipal sewer easement. Pase 5 of 6 f f � • -� � � r � O� ' ° ° oRONo � , ., CITY of � � �' 'y RESOLUTION OF THE CITY COUNCIL � �L9kESHOg�G NO. 3 6 5 2 ;. Upon vacation, and upon the concurrent replat, the new Lots 1 and 2 shall maintain a shared driveway within Outlot A. 4. Removal of blacktop and regrading of the site shall be in accordance with the grading and drainage plan approved by the City Engineer and Public Works Department. 5. The owners of proposed Lots 1, 2 and 3 of the concurrent replat shall jointly o btain a lan d a l t e r a t i o n p e r m i t p ri o r t o c o m mencina the removal of Scotch Pine Lane and filling/grading of the site. Adopted by the City Council of the City of Orono, lVlinnesata at a regular meetirig held December 11, 199�. AT T: � � , ' i ;- �, Dorothy M. al in, City Clerk dward J. ahan, Jr., A��yor STATE Gr MINNESOTA ) ) ss. COUI�TTY OF HE:��`:EPI� ) The foregoing instrument was acknowledged before me on th7s llth da}' of December 199�, bv Ed�;-ard J. Callahan, Jr. 8: Dorothy M. Hallin, Ma�or & City Glerk of :he Ciri� of Orono, a Minnesota municipal corporation and said instrument was executed on behal: of the Ciri�. LINDA S.VEE _��(, � G'��,` r••�`' ' NOTARY PllBLICrWIINNESOTA .�1'c�'� � .. . HENNEPIN COUNTY Notary Public '•,-.��'� MyCommissionExPi�esJan.31.2000 Page 6 of 6