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....meetjn® <br />FEB 2 5 2002 <br />Application Date: <br />60 Day Deadline: <br />2/5/02 <br />4/6/02 ClV T wr ^nsJlvO <br />REQUEST FOR COUNCIL ACTION <br />DATE: February 22,2002 <br />ITEM NO.: 9 <br />Department Approval: <br />Name Paul Weinberger <br />Title Zoning Administrator <br />Administrator Reviewed:Agenda Section: <br />Zoning <br />Item Description:#02*2749 Thomas Egan <br />350, 360 and 370 Big Island <br />Right-of-Way Vacation <br />Zoning District:Big Island - Recreational Seasonal District <br />List of Exhibits <br />A <br />B <br />C <br />D <br />Plat Map <br />Site Sur\ey <br />Comprehensive Plan Pgs. 3B-49 - 3B-53 (Big Island) <br />Planning Report (February 12, 2002) <br />Application: Property owners have requested to \acate of a portion of platted “Massasoit Avenue". <br />Massasoit Avenue is undeveloped right of way on Big Island originally dedicated on the plat of Morse Island <br />Park. <br />Right of wa\ has been used by the public for interior pedestrian access to parts of the lakeshore and. <br />periodically, for vehicular traffic for transporting materials for home construction and septic installation. <br />The right of way is also used by utility companies to provide electric and phone service to the Island <br />properties. <br />There are two houses either fully inside or partially inside the Massasoit Avenue right of way that is <br />proposed for vacation. Attached Exhibit A is a sun ey document the indicates the location of the right of way <br />and structures. <br />The City notifies all public utilities of the vacation request since they resene the right to use public right of <br />way for their facilities. Reliant Energy/Minnegasco and .\cel Energy have provided documentation to the <br />City of Orono stating that they have no facilities in the right-of-way. Qwest, however, did notify the City <br />that they do have existing facilities w ithin the right of way and stated they respectfully decline the right of <br />way vacation request. Please review the attached letter, dated February 6, 2002, and maps provided by <br />Qwest. Qwest has since backed off their original request to not vacate and are working to locate lines and <br />determine it lines are actually located w ithin the right of way. If there are service lines within the right of <br />w ay they are open to discussion w ith the property owners to relocate serv ices or enter into private easement <br />agreements, if possible.