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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G,E NO. 7203 t'txFsxoR�' A RESOLUTION VACATING A PORTION OF THE SANITARY SEWER EASEMENT DESCRIBED IN DOCUMENT 4160083, HENNEPIN COUNTY,MINNESOTA FILE NO. LA21-000043 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on May 19, 2021, Onyx Performance Investments, LLC, (hereinafter the"Applicant"), applied for vacation of a portion of the Sanitary Sewer Easement within 135 Orono Orchard Road North, PID 3411823440035 legally described and depicted in Exhibit A,hereinafter"Easement": WHEREAS,on June 21,2021,after published and mailed notice in accordance with Minnesota Statutes and the City Code,the Planning Commission held a public hearing,at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS,on June 21,2021,the Planning Commission voted 6 in favor of and 0 against a motion to recommend approval of the requested vacation;and WHEREAS, on July 12, 2021, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; 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. The Easement was established in 1975 and has not been used in the intervening years, is not anticipated to be used and as a result the Easement is no longer necessary. 2. There are no drainage or utility improvements within the Easement. 3. The applicant agrees to provide an alternative location for the easement in a location acceptable to the city. 4. The City Council finds that the existing Easement to be vacated has no apparent present or future benefit to the public. Page 1 of 5