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1 <br />WHEREAS, the City Council of the City ot Orono finds that said vacation as <br />proposed is in keeping with the public interest and in consideration of the following findings: <br />1.The portion of dedicated right-of-way to be vacated has never been improved as a <br />public roadway, but does contain City and other public utility lines which serve the <br />owner and the public. <br />2.The vacation of said right-of-way will not eliminate access to any adjoining or nearby <br />properties, nor does it provide access to Lake Minnetonka or any other public <br />amenity. Furthetmore, said right-of-way abuts only the petitioner ’s property and West <br />Femdale Road. <br />3.Utility companies have been notified of the proposed vacation and Xcel Energy has <br />indicated that an easement for a power distribution lines is required if the vacation <br />occurs. <br />4. The City docs not intend to use the portion of right-of-way to be vacated for <br />any public purpose other than for the utility purposes noted. <br />NOW, THEREFORE, BE IT RESOLVED, that the petition of Robert A. Carlson <br />on behalf of Jyland Distinctive Homes, Inc. is hereby granted by the Council of the City of Orono <br />and that the portion of right-of-way as legally described above is hereby vacated, subject to the <br />following: <br />1.Keserv ’ation of a perpetual easement for public utility purposes over, under and across <br />the vacated right-of-way, which easement shall include the right of the public utility <br />provider to maintain, operate, repair or reconstruct said public utilities and the right of <br />ingress to and egret t from said public utility. <br />2.The vacatCv^ property shall be legally combined with the adjoining three tax parcels: <br />(02-117-23 43 0002, 02-117-23 43 0004, 02-117-23 43 0006) <br />Page 2 of3 <br />I i ii