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A RESOLUTION VACATING <br />A DEDICATED DRAINAGE AND UTILITY EASEMENT <br />WITHIN THE PLAT OF LAKE MINNETONKA WOODS <br />FILE NO. 02-2747 <br />WHEREAS, the City of Orono is a municipal corporation organized and existing <br />under the laws of the State of Minnesota: and <br />WHEREAS, Eagle Crest Construction, on behalf of Tonka Ventures has applied for <br />vacation of a dedicated drainage and utility easement on property located at 3749 Livingston Avenue. <br />WHEREAS, The portion of the easement to be vacated is legally described as <br />follows: <br />Attached hereto as “Exhibit A” (hereinafter “vacated drainage and utility easement ”); <br />and <br />WHEREAS, after due published and posted notice, a public hearing was held by the <br />Orono Planning Commission on February’ 19.2002 regarding said vacation and all interested persons <br />were given an opportunity to be heard: and <br />WHEREAS, on February 19,2002 after due standing and consideration, the Plaiming <br />Commission recommended unanimous approval of the proposed vacation; and <br />The vacation as proposed is in keeping with the public interest and in consideration of the following <br />findings: <br />1.The proposed vacation does not negatively impact the existing use of the easement <br />for sewer and water service. <br />The City of Orono has received no objections to the vacation. <br />3.Qwest, Xcel Energy, and Reliant Energy/Minnegasco have all responded and have <br />stated they did not have existing facilities within the easement area. <br />Page 1 of 4 <br />ni li^r