NOTICE OF ROAD VACATION HEARING BREVATOR TOWNSHIP ST. LOUIS COUNTY - Gist Road
NOTICE OF ROAD VACATION HEARINGBREVATOR TOWNSHIPST. LOUIS COUNTY WHEREAS, the Electors of the Town, at the annual meeting of the Town held on March 14, 2000, pursuant to Minn. Stat. 5 164.06, did, by a vote of the Electors, authorize the Town Boa...
NOTICE OF ROAD VACATION HEARING
ST. LOUIS COUNTY
WHEREAS, the Electors of the Town, at the annual meeting of the Town held on March 14, 2000, pursuant to Minn. Stat. 5 164.06, did, by a vote of the Electors, authorize the Town Board to vacate the End of GIST ROAD according to an agreement made between the Board and Ross Jordan; and
WHEREAS, the Town Board issued an Order Vacating the End of GIST ROAD, pursuant to Resolution No. 206, passed on the 11th day of April 2000, following a properly noticed public hearing on said vacation held that same date, all pursuant to Minn. Stat. 5 164.07; and
WHEREAS, said Order Vacating the End of GIST ROAD, which was recorded March 23, 2001 as Document No. 00811628 in the Office of the St. Louis County Recorder, was not effective, as it contains an error in the starting point of the legal description which cannot be resolved; and
WHEREAS, said Order also fails to provide other access to the Jordan property which contains five or more acres to which GIST ROAD is the only means of access, which was consented to by the property owner, Ross Jordan, in that Agreement dated April 11, 2000, between the Town Board and Ross Jordan, and does not create a violation of Minn. Stat. 5 160.09, Subd. 3, but for which other means of access could have been provided by the reservation of an access easement to the Jordan property; and
WHEREAS, a Corrective Order Vacating the End of GIST ROAD and Reserving an Access Easement, was recorded October 27, 2017 as Document No. 1320982 in the Office of the St. Louis County Recorder, causing the original vacation to now be effective over the last 680 feet, more or less, of GIST ROAD, being that part of GIST ROAD which crosses over the NW1/4 of NE1/4 of Section 33-T50-R17 after leaving the North line thereof, and ending at the West line thereof, being the Jordan's East property line; and
WHEREAS, Catherine Jordan, the successor trustee of the owner of the only property for which GIST ROAD is the only means of access, being the NE1/4 of NW1/4 of Section 33-T50-R17, has presented an Agreement dated April 11, 2000, between the Town Board and Ross Jordan, agreeing to the vacation of the last 300 feet of GIST ROAD, and has requested a public hearing on the proper length of road to be vacated by said Corrective Order; and
WHEREAS, minutes from the April 11, 2000 Town Board public hearing indicate the Board reserved the right to vacate an additional problem stretch at the end of GIST ROAD, being that part beginning 800 feet West of the Northeast corner of the NW1/4 of NE1/4 of Section 33-T50-R17 and then running Southwesterly for 500 feet more or less to the beginning of the 300 feet vacated under the Agreement, before approving said Agreement, if in the future the Board determines that the pond created by Ross Jordan which borders said section of road to the West is creating problems with the road base; and
WHEREAS, the Electors of the Town, at a special meeting of the Town held on July 10, 2018, pursuant to Minn. Stat. 5 164.06, did, by a vote of the Electors, authorize the Town Board to review the end of GIST ROAD for vacation and to vacate any such portion of GIST ROAD as the Board determines.
NOW THEREFORE, NOTICE IS HEREBY GIVEN, the town board of Brevator Township, St. Louis County, Minnesota will conduct a public hearing on the 13th day of August 2018 at 5:00 P.M., at the Gist Road location approximately 300 yards Northwest of the Jordan Property located at 3701 Gist Road, Cloquet MN, for the purpose of considering and acting upon said Corrective Order for the vacation of that portion of GIST ROAD described as follows:
Gist Road, commencing at the Northeast corner of the NW1/4 of NE1/4 of Section 33, Township 50, Range 17; thence Westerly on the North line of said NW1/4 of NE1/4 a distance of 800 feet to the point of Beginning of the portion of said road to be vacated; thence Southwesterly a distance of 500 feet to a point; thence Westerly 180 feet more or less to a point on the West line of said NW1/4 of NE1/4, being the end of said road, and there terminating. RESERVING in favor of all property abutting that portion of Gist Road so vacated a private, permanent and exclusive, 33 feet wide Access Easement, for access, roadway and utility purposes, over, under and across said portion of Gist Road so vacated, measuring 16.5 feet on either side of the centerline of said vacated road. Said description is intended to follow the actual centerline of said road as constructed on the ground, which controls over this description.
All persons interested in this matter are encouraged to attend the hearing. Upon proof that Notice was properly given the Board shall examine the portion of road to be vacated and hear all interested parties, and determine whether to approve the Corrective Order as filed or to order a Second Corrective Order be filed for record for vacation of a proper length of road to serve the public interest.
The tracts of land through which said road passes or abuts upon, and the owners and occupants thereof, as nearly as we can determine are as follows:
Owners & Description of Land:
USA IN TRUST FOR FOND DU LAC BAND - NW1/4 of NE1/4 of section 33, T-50, R-17
JORDAN FAMILY TRUST - NE1/4 of NW1/4 of section 33, T-50, R-17
PLEASE TAKE NOTICE that any affected landowner is entitled to judicial review of damages, need, and purpose following vacation of the above described portion of road.
Township Clerk: /s/ Brenda Pallin
Pine Journal: July 26, 2018 #2654597