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CITY of ORONO .� ' ., AM "t" 'i / RESOLUTION OF THE CITY COUNCIL �9 'y NO. i 'r �kES� WHEREAS, after due standing and consideration, the Planning Commission recommended approval of the requested easement vacation and the City Council of the City of Orono finds that said easement vacation, as proposed, is in keeping with the public interest in consideration of the following findings: 1. The easement vacation is in fulfillment of the conditions of the Road Agreement executed by and between the City, the applicants and Green Valley Associates in February 1999. That Agreement resulted in the applicants' acquisition of the "Brimhall Triangle", a small parcel of land in the City of Long Lake adjacent to Highway 12 across from Brimhall Avenue. This land was encumbered by Highway Easements which MnDOT concluded were no longer needed, and applicants were enabled to acquire the parcel from the underlying owners, subject to conditions which gave the City and Service 800 certain drainage, utility and road easements to make this a useful vehicular access point for Service 800 and the adjacent properties in the future. 2. As part of the aforesaid Road Agreement, the City agreed to vacate the 10' Drainage and Utility Easements in Otten's property adjacent to the Brimhall Triangle, in exchange for new easements along the new Highway 12 right-of-way line, which have been granted. This application is in fulfillment of the City's obligation under the Agreement. 3. The vacation does not affect access to or use of any adjoining property. 4. The City has not and does not intend to develop, improve or use the easement portion to be vacated. 5. The appropriate utility companies have been contacted and none are opposed to the vacation. 6. The easement portion as it currently exists serves no public purpose. Page 2 of 3