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HomeMy WebLinkAbout#5514-vacating alley-2006 Rob ThVL - Box 719 A RESOLUTION VACATING THE 12-FOOT WIDE ALLEY WITHIN BLOCK 13 OF THE PLAT OF "MINNETONKA BLUFFS" IN THE CITY OF ORONO, • HENNEPIN COUNTY, MINNESOTA FILE NO. 06-3210 • TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES DEC 2 9 2011 MINN. _ BY - WM DEPUTY ttoe)C3 RETURN DOCUMENTS TO: Rels Title - 2550 University Ave VU' St.Paul,MN 55114 E _.i i----O 4-Vjo O t,,,00,.- CITY of ORONO "�� �.��,,„,4,,,,..4 yli � G� RESOLUTION OF THE CITY COUNCIL .4 A1r4 5514 ikESI3D4 NO. A RESOLUTION VACATING THE 12-FOOT WIDE ALLEY WITHIN BLOCK 13 OF THE PLAT OF "MINNETONKA BLUFFS" IN THE CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA FILE NO. 06-3210 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on July 12, 2006, Steven & Jo Webster and Kent & Sandra Larson (hereinafter the "petitioners") on behalf of themselves and on behalf of the owners of other affected properties, completed the filing of a petition and application with the City of Orono requesting the vacation of the 12-foot wide alley dedicated as public right-of-way within Block 13 in the plat of Minnetonka Bluffs, Hennepin County, Minnesota in 1887 and legally described as follows: The alley as dedicated to the public within Block 13 in the plat of Minnetonka Bluffs shown as 12 feet wide and lying South of the South line of Dickenson Street and North of the North line of Fox Street, all in Minnetonka Bluffs,Hennepin County,Minnesota; and WHEREAS, after due published and posted notice, a public hearing was held by the Orono Planning Commission on August 21, 2006 regarding said vacation and all interested persons were given an opportunity to be heard; and WHEREAS, after due standing and consideration, the Planning Commission on August 21, 2006 recommended unanimous approval of the proposed vacation; and WHEREAS, the City Council of the City of Orono finds that said vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1. The portion of dedicated right-of-way to be vacated has never been improved as a public roadway, but has served as a private driveway for one or more homes. The alley does contain City sewer lines and other public utility lines which serve the petitioners, the other abutting property owners, and the public. 1 r #C‘ ° .41 ( O \ O CITY of ORONO P's+ ('',Al'i%r�� � .. 1: o RESOLUTION OF THE CITY COUNCIL 4.4 kESHOg' NO. 5 5 1 4 2. The vacation of said right-of-way will not eliminate access to any adjoining or nearby properties, nor does it provide access to Lake Minnetonka or any other public amenity. 3. Utility companies have been notified of the proposed vacation and Xcel Energy has indicated that an easement for a power distribution and service 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. 5. The City has received letters of support for the alley vacation from owners of all properties abutting the alley. NOW, THEREFORE, BE IT RESOLVED, that the petition of Steven & Jo Webster and Kent & Sandra Larson and supported by the other abutting property owners 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 and municipal utility purposes over, under and across the vacated right-of-way, which easement shall include the right of the public and municipal utility providers to maintain, operate, repair or reconstruct said public utilities and the right of ingress to and egress from said public and municipal utilities. 2. The aforesaid easement shall be separately documented and filed with the Hennepin County Recorder. 3. The vacated property shall be legally combined with the appropriate adjoining tax parcels. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on September 25, 2006. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor o 1. 43.4i O O CITY of ORONO pa j \',44 A" IA i1'4.�G • i, RESOLUTION OF THE CITY COUNCIL ` 1CzsgO4`' NO. 5 5 1 4 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this.$°day of - , 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal co oration and said instrument was executed on behalf of the City. Notar P . "''�':, JACQUELYN M.YOUNG / +a•.?" Notary Public-Minnesota STATE OF MINNESOTAz ,vMy Cortvnk.lon Expires Jan 31,2010 COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this an day of tQe-fc - -, 2006 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. L et---'(-- ""L"--e E--q)c.,Cf._ �n `' Ef RACHEL DODGE , 'r NOTARY PUBLIC-MINNESOTA \ Notary Public to ,ly My Commission Expires Jan.31,2010 iq 3