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8. Granting such credit is reasonable given the impact of this taking on the developability of the <br /> property. Further, because the credit that would be granted for each newly created 5-acre <br /> building site would be approximately 1/4 acre or less,the new lots would have 95%of their <br /> area outside the easement,and this 5% "variance" has little impact on the future use of each <br /> 5-acre lot,as compared to the major impact if 1/4 acre of a 1 acre or 1/2 acre lot was in right- <br /> of-way. <br /> 9. The granting of this credit is unique to to this property because it involves the settlement of <br /> litigation in regards to a right-of-way condemnation, which is not the case in most other <br /> properties in this or other zoning districts in Orono. <br /> CONCLUSION, STATEMENT OF INTENT AND CONDITIONS <br /> NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of <br /> Orono hereby declares its intent as follows: <br /> 1. The City Council intends to enter into a formal agreement with the Hannings and their heirs, <br /> successors and assigns, which agreement will incorporate the following: <br /> a. A future subdivision of the property undertaken while the 5-acre minimum lot size <br /> is applicable to the property, shall be granted dry buildable area credit for the dry <br /> buildable land taken through condemnation for County highway construction <br /> purposes. <br /> b. The dry-buildable area creditable toward a future lot shall be an amount equal to the <br /> dry-buildable area of taken right-of-way that directly abuts said future lot and that lies <br /> directly between Co. Rd. 6 and said lot. <br /> 2. The intent of this agreement is that the property owners will be in no better and no worse of <br /> a position for accomplishing a reasonable subdivision of their property than they were prior <br /> to the right-of-way taking. <br /> Page 3 of 4 <br />