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WHEREAS, after due standing and consideration, the Planning Commission <br />recommended conditional approval of the requested vacation; and the City Council of the City <br />of Orono finds that said vacation, as proposed and vnth suitable conditions, is in keeping with <br />the public interest in consideration of the following findings: <br />1. The vacation will not affect access to or use of any adjoining property. <br />2.The City has not and does not intend to develop, impicve or use the dedicated <br />right-of-way as a road except for utilities, drainage and access purposes <br />hereinaftei described. <br />3.The unimproved dedicated right-of-way as it currently exists serves no public <br />purposes which cannot be satisfied via the use of easements. <br />NOW, THEREFORE, BE IT RESOLVED, that the petition of John O’Sullivan <br />and North Central Conservative Baptist Association is conditionally approved and that the City <br />hereby agrees to take formal action to vacate said portion of Navarre Lane subject to the <br />following conditions: <br />1.The City will formally vacate Navarre Lane at the time development of tlie <br />adjacent 2380 Shady wood Road site is commenced by the applicant. <br />2.This agreement to complete the vacation shall be more formalized in the form <br />of a Develope "ocment. <br />3.In conjunction with . .o.it’s development of the property located at 2380 <br />Shadywood Road, applicant agrees to construct a sidewalk/bikc path near the <br />northwest boundary of the property, linking Olive Avenue and Sh''dywood Road, <br />the design of such sid<nvalloT3ike path subject to review by the City Engineer and <br />approval by the City Council. <br />4.Applicant snail grant utilities, access and drainage easements over the portion of <br />Navarre Lane to be vacated. <br />Page 2 01 3