The URL can be used to link to this page

Home My WebLink About#6187-vacating/ROW-2012 /z-3��3 Doc No A10004418 Certified, filed and/or recorded on Sep 9, 2013 12:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 30 Pkg ID 1028086M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. O O CITY of ORONO r, RESOLUTION OF THE CI COUNCIL 187 �kESIIo�� A RESOLUTION VACATING A DEDICATED RIGHT-OF-WAY WITHIN THE PLAT OF BERGQUIST'S AND WICKLUND'S PARK, HENNEPIN COUNTY,M04NESOTA FILE NO. 12-3573 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Herman and Marilyn Crawford, husband and wife (hereinafter the Applicants) are the owners of the property located at 4745 North Shore Drive within the City of Orono, and legally described as Lots 1, 2 and 3, Block 6, Bergquist's and Wicklund's Park, Hennepin County, Minnesota; and WHEREAS,the Applicants have applied for vacation of a dedicated public right- of-way abutting the above mentioned properties; and WHEREAS, the portion of the right-of-way to be vacated is legally described as follows: That part of Lake Street as dedicated in the plat of `Bergquist's and Wicklund's Park, Hennepin County, Minnesota" which lies between the southwesterly extensions of the northwesterly line of Lot 3 and the southeasterly line of Lot 1,Block 6 of said plat; and WHEREAS, after due published and posted notice, a public hearing was held by the Orono Planning Commission on November 19, 2012 regarding said vacation and all interested persons were given an opportunity to be heard; and WHEREAS, on November 19, 2012 the Orono Planning Commission reviewed the application and on a vote of 7-0 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. Topographic information and photographic evidence indicate the property has a very steep slope to the shore (30%-50% slopes, i.e. a bluff) with no terrace level at the base, hence vehicular travel within the right-of-way is not feasible and Page 1 of 4 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 61 $ 7 SH0 pedestrian use is minimally possible at best. The Council finds that vacating the right-of-way as requested will have no impact on present or future public accessibility to the lake. 2. Two other nearby segments of Lake Street have been vacated by the City, including that portion adjacent to 4705 North Shore Drive in 1996 (directly east of the proposed vacation) and that portion adjacent to 4753 North Shore Drive in 2002 (directly west of the proposed vacation). This right-of-way discontinuity is an additional factor that supports the currently requested vacation. 3. Applicants' property abuts a 30-foot wide dedicated roadway platted within Bergquist's and Wicklund's Park as "Adams Street". Adams Street is perpendicular to the shoreline and extends from County Road 19 to Lake Street, potentially providing access to the shore of Lake Minnetonka. The City of Orono has maintained a strong stand against vacating those alleys or fire lanes that are perpendicular to the shoreline which would potentially provide public access to the lake from other right-of-ways further back from the lake. On that basis, the portion of Lake Street in Bergquist's and Wicklund's Park lying between the southwesterly extensions of the southeasterly line of Lot 1, Block 6, and the northwesterly line of Lot 6, Block 5, is specifically not included within the area being vacated. 4. The City of Orono has no municipal sewer, water, or storm sewer facilities within the portion of right-of-way to be vacated. A municipal storm sewer line does exist within the right-of-way of Adams Street but will not be affected by the proposed vacation. 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. In a letter to the City dated November 13, 2012 the Minnesota Department of Natural Resources (MnDNR) has expressed opposition to the proposed vacation, citing a 1944 Minnesota Supreme Court decision that also appears in the Orono Comprehensive Plan. MnDNR suggests that there are potential unknown future public uses of the right-of-way, and also cites Minnesota Statute 412.851 which requires MnDNR to review the proposal to evaluate (1) the proposed vacation and the public benefits to do so; (2) the present and potential use of the land for access Page 2 of 4 O O CITY of ORONO r1 v► RESOLUTION OF THE CITY COUNCIL NO. 6 1 8 7 SH0�� to public waters; and (3) how the vacation would impact conservation of natural resources. MnDNR opposition does not preclude the City from approving the vacation but is advisory. 7. 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. Additionally, the City Council finds that the public will benefit by thenp 'vate ownership of this area because the adjacent property owners, not the public,have a strong interest in protecting and maintaining the immediate shoreline to prevent erosion and slope failure at this site. The City, the County and the State are not likely to spend tax dollars maintaining this shoreline. 8. 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 Lake 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. Due to topographical constraints, this area of shoreline is not conducive to pedestrian or vehicular movement, therefore existing and future public access to the lake will not be reduced or impacted by this vacation. NOW, THEREFORE, BE IT RESOLVED, that the vacation of the portion of Lake 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 10th day of December, 2012. Lili Tod McMillan,Mayor AT'T'EST:, ' Linda S. Vee, City Clerk Page 3 of 4 O O CITY of ORONO a ,. RESOLUTION OF THE CITY COUNCIL NO. 6 1 8 7 SHOg� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 1;), day of December, 2012 by Lili Tod McMillan, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. MONICAA.FADNESS NOTARY PUBLIC-MINNESOTA VNtojh Public My Commission Expires Jan.31,2017 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of December, 2012 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. No Public ' MONICAA.FADNESS NOTARY PUBLIC-MINNESOTA a s a My Co=ftOn Expires Jan.31,X017 Page 4 of 4 _.._..._ -6 1 8 7 CERTIFICATE OF SURVEY FOR HERMAN CRAWFORD IN LOTS 1, 2, 3, BLOCK 6, BERGQUISTS & WICKLUND'S PARK &HENNEPIN COUNT-Y, MINNES TA I Cb' o°" �� \ 4 -71QE)aSTNG / GRAVEL wava \ r, HOUSE.tY O ,J #4746 3 H OF T CK a ��`.. y e PARx � � �� i/ ,:m�� i -•,�`�, �� any 75, SETHAf.It LaE / 82 LINE / Ila'LY LM Or ` rA�q Loo a 00 wIGfLIID'B PAMI OO /•�1 LAKE WOGl° T�� C. MINNETONKA "a �`,J° _ZG o zo 40 60 f' JENNINGS BAY / SCALE IN F E E 7 LEGAL DESCRIPTION OF PREWSES That port of Lots 1,2, and 3,Block 6,Bergquist &WickWnd'a Park, PROPOSED LEGAL DESCRIPTION OF VACATED LAKE STREET lying South of the Southerly right—of—wcY fine of County Road No. 19. That part of Lake Street as dedicated in the plat ofOvist &Wickbnd's Park.Nannepin County,Minnaeota' whleh lies between o : denotes iron marker the southwesterly eztereIona of the northwesterly line of Lot 3, Bearings shown are bored upon an assumed datum. and the acuthsesterly line of Lot 1,eA in Bock 6 of said plat. This survey intends to show the boundaries of the above tlesaribed property, the RECEIVED btrotion of an existing house,pump house,decks,driveway,and partlai hardcover" thereon.It does not purport to snow any other error overtrents or encroachments. �,21 CITY OF ORORONO 7on GRONBERG AND ' E� �� '"-�ASSOCIATES, INC. " "s"d'�'°°" "ttDIUVE CONSULTING ENGINEERS,LAND SURVEYORS &SITE PLANN —k S.ikwaer9 W1wula Lieeme!Sneer 12755 aS2�7]-4Ni 12_M #3573 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on December 10,2012, 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 seal of the City this 12`h day of December , 2012. Ci Clerk (seal),