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# •- <br />m <br />4 <br />A <br />A RESOLUTION VACATING <br />UTILITY AND ACCESS EASEMENT WITHIN <br />FOR PROPERTY LOCATED AT 225 TONKA AVENUE <br />FILE NO. 2611 <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, Marlys McCarty (hereinafter “the owner”) has applied loi vacation of <br />an access and utility easement for property located at 225 Tonka Avenue legally described as follows <br />Lot 1 and 2, Block 3, and part of vacated Brook Street Bayside Addition to Lake <br />Minnetonka and part of Lot 5, Aud. Sub. No. 203 (hereinafter “the property”); and <br />WHEREAS, after due published and posted notice, a public hearing was held by the <br />Orono Planning Commission on August September 18, 2000 regarding said vacation and all <br />interested persons were given an opportunity to be heard; and <br />WHEREAS, on September 18, 2000 after due standing and consideration, the <br />Planning Commission recommended unanimous approval of the proposed vacation; and <br />WHEREAS, the City Council of the City of Orono finds that said vacation of <br />drainage and utility easement legally described as follows: <br />That part of vacated Brook Street Bayside Addition to Lake Minnetonka Aud. Sub. <br />No. 203, Hennepin County, Minnesota. <br />The utility easement vacation as proposed is in keeping with the public interest and in consideration <br />of the following findings: <br />1. The vacated easement has not been utilized for utilities, <br />2.A new utility easement has been granted in favor of the public along the south <br />property line 15' in width. <br />3. The City does not intend to use the easement to be vacated for any public purpose. <br />Page 1 of 3 <br />iLili