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mm9 (2^6/9/99 <br />RESOLUTION <br />CITY COUNCIL <br />CITY OF ORONO <br />WHEREAS, the City of Orono entered into a Developer’s Agreement for the plat of <br />Orono Sciiool Expansion dated November 2f . 1988 to facilitate the platting by Independent <br />School District No. 278 (School District) of certain property intended for future expansion by <br />the School District; and <br />WHEREAS, pursuant to the Developer’s Agreement certain rights were given to the <br />City of Orono with respect to Outlot A which was platted as an access road for the plat <br />known as Orono School Expansion; and <br />WHEREAS, no improvements have been constructed on Outlot A; and <br />WHEREAS, the School District now intends to construct a school building on the <br />Orono School Expansion and to consolidate into a single tax parcel all of the separate tax <br />parcels which presently comprise the Orono School Expansion plat; and <br />WHEREAS, Section 2.5 of the Developer’s Agreement provides that: <br />“If neither of the contingencies set forth in Section 2 1(a) [failure to acquire <br />title] nor (b) [development of the property] occurs, or if the Developer <br />acquires fee simple absolute title to all of the Property within said eleven (11)- <br />year period [ending November 28, 1999], then the City shall, upon the <br />Developer’s petition for combination of Lots 1 and 2, Block 1, Lots 1 and 2, <br />Block 2,2ind Outlot A into a single lot, provide the necessary resolutions, <br />approvals and other reasonable documentation, all in recordable form, to grant <br />approval of such combination, to vacate, abandon arid terminate the Easement <br />in Outlot A, and all other such easements, except those which adjoin the outer <br />boundary lines of Lots 1 and 2, Block 1 aiid Lots 1 and 2, Block 2, and to <br />terminate this Agreement.”, and <br />WHEREAS, School District has, within the applicable time period requested the <br />vacation, abandonment and termination of the easement in Outlot A zind certain other <br />easements as described in Section 2.5 of the Developer’s Agreement; <br />THEREFORE BE IT RESOLVED, that pursuant to the terms and conditions of the <br />Developer’s Agreement and as a result of the request of the School District, the City of <br />Orono hereby terminates the easement on Outlot A and, subject to the following resolutions. <br />relinquishes any and all other property rights to said Outlot A; and