03-18-1996 Planning Packet - Laserfiche WebLink

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r Zoning File #2121 March 11,1996 Page 2 M - Council Minutes 1/10/83 Review of South View Estates Application N - Staff Sketch O - Survey P - Topography Vacation of Northern Avenue Section 10.12 - Vacation of Public Road As already noted above, the Orono Town Board vacated Northern Avenue on August 21,1912. The action of that vacation was never certified on the certificate of titles of Tracts B and C created in June of 1958 (RLS #763). Refer to Exhibit G, note the RLS never acknowledged the vacation of the 66’ road to the south of the property. As Tracis B and C are now to be divided from the abstract property and deeded to new owners, it is necessary to update the certificates of title to reflect the vacation. The only means available to the applicant was either to pursue a private legal action that would take months or to petition for a second vacation from the City. The City Attorney reviewed the problem of the owner and applicant and advised that the City could not provide the necessary certification of the Town Board action of 1912 that would allow the Registrar of Titles Office to add vacated right-of-way to Certificate of Title. Refer to Exhibits C, K and L, the 1983 subdivision of an abstract property to the immediate west note the dedication language in Exhibit L reflects vacated right-of-way of Northern Avenue. In the 1983 subdivision, the City asked for dedication of road over the traveled portion of Northern Avenue at an approximate width of 22’ at the west side to 24' at the east. The City also asked for a dedication of a 10’ drainage and utility easement just to the north of the dedicated road right-of-way. Half of the traveled road bed is located within the railroad right-of-way. Refer to Exhibits H, I and J, the sewer as-built reveals the existence of a 30' permanent easement for sewer line installed in 1982. The engineer recommends a minimum of 30’ to be taken from the current applicant for road and utility purposes. Staff Recommendation To recommend approval of the vacation application subject to the City obtaining dedication of road and drainage and utility easements along the southern east/west boundary of 66’ wide right-of-way of Northern Avenue. B. Subdivision of Legally Combined Lots for Tax Purposes Pertinent Code Sections Section 11.03, Definition 66 A, B and C - Class 1,11 and 111 Subdivision I