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A RESOLUTION VACATING <br />A PORTION OF BRACKETT'S POINT ROAD AND <br />SANITARY SEWER EASEMENT 6878945 <br />HENNEPIN COUNTY, MINNESOTA <br />FILE NO. 18-3998 <br />WHEREAS, the City of Orono is a municipal corporation organized <br />and existing under the laws of the State of Minnesota; and <br />WHEREAS, on December 13, 2017, James R. and Mary Joann Jundt, <br />husband and wife ("Applicant[s]"), applied for a street and sanitary sewer easement <br />vacation adjacent to their property legally described in Exhibit A, (hereinafter the <br />"Property"); <br />WHEREAS, on February 20th, after published and mailed notice in <br />accordance with Minnesota Statutes and the City Code, the Planning Commission held <br />a public hearing, at which time all persons desiring to be heard concerning this <br />application were given the opportunity to speak thereon; and <br />WHEREAS, on February 20th, 2018, the Planning Commission <br />recommended approval of the street and easement vacation; and <br />WHEREAS, on February 26, 2018, the City Council reviewed the <br />application and the recommendations of the Planning Commission and City staff, and <br />WHEREAS, the Orono Council finds the vacation as proposed is in <br />keeping with the public interest and in consideration of the following findings: <br />1. The roadway in question will be relocated to the center of the <br />peninsula, preserving access to the properties in the area while <br />removing hardcover from the lake shore. <br />2. The easement in question covers an existing sanitary sewer trunk line <br />which will be demolished and abandoned and replaced along the <br />newly relocated Bracketts Point Road. <br />3. The City Council finds that the existing Road right of way and Utility <br />Easement has no apparent present or future benefit to the public when <br />it will be relocated within the peninsula. <br />4. The City Council finds that: <br />a) The vacation does not affect access to or use of any adjoining <br />Page 1 of 5 <br />