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Zoning File #2121 <br />March 11.1996 <br />Page 2 <br />A. <br />M - Council Minutes 1/10/83 Review of South View Estates Application <br />N - Staff Sketch <br />O - Survey <br />P - Topography <br />Vacation of Northern Avenue <br />Section 10,12 - Vacation of Public Road <br />As already noted above, the Orono Town Board \ acated Northern Avenue on August 21, 1912. fhe <br />action of that vacation was ne'/cr certified on the certificate of titles of Tracts B and C created in <br />June of 1958 (RLS #763). Refer to E.xhibit G, note the R1,S never acknowledged the vacation of the <br />66’ road to the south of the property. As Tracts B and C are now to be divided from the abstract <br />property ’ and deeded to new owners, it is necessary' to update the certificates of title to reflect the <br />vacation. The only means available to the applicant was either to pursue a private legal action that <br />would take months or to petition for a second vacation from the City. The City Attorney reviewed <br />the problem of the owner and applicant and advised that the City could not provide the necessary <br />certification of the Town Board action of 1912 that w ould allow the Registrar of Titles Office to add <br />vacated right-of-way to Certificate of Title. <br />Refer to Exhibits C, K and L, the 1983 subdivision of an abstract property to the immediate west <br />note the dedication language in E.xhibit L retlects vacated right-of-way of Northern Avenue. In the <br />1983 subdivision, the City asked for dedication of road over the traveled portion of Nonliem Avenue <br />at an approximate width of 22' at the west side to 24’ at the east. The City also asked for a dedication <br />of a 10’ drainage and utility easement just to the north of the dedicated road right-of-way. Half of <br />the traveled road bed is located within the railroad right-of-way. Refer to Exhibits H. I and J. the <br />sewer as-built reveals the existence of a 30' permanent casement for sewer line installed in 1982. <br />The engineer recommends a minimum of 30' to be taken from the current applicant for road and <br />utility purposes. <br />StafT Recommendation <br />To recommend approval of the vacation application subject to the City obtaining dedication of road <br />and drainage and utility easements along the southern east/west boundary of 66' wide right-of-way <br />of Northern Avenue. <br />B. .Subdivision of Legally Combined Lots for Tax Purposes <br />Pertinent Code Sections <br />Section 11.03, Definition 66 A, B and C - Class I, II and III Subdivision,