01-17-1995 Planning Packet - Laserfiche WebLink

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To,Chair Schroeder and Orooo Planning Comm^sioo Members ron Moorse, City Administrator V flron:Jeanne A. Mabusth. Building &. Zoning Administrator Date:January 9. 1995 Subject:#1990 Robert Carlson, 710 Gander Road - Vacation of Drainage and Utility Easement - Public Hearing Zoniiif District: RR-IB Area of property « 2 acres Plri f inent Ordinano* Section 10.12 - Vacation of Streets. Utilities, etc. Application: Applicant petitions for the vacation of a 35’ wide drainage and utility easement dedicated on the plat of Foxwood Second Addition. The Mctn^litan Waste Control Commission has released and terminated any interest in the original tower easement granted to the MWCC in April of 1975. List of Exhibits A > Application E - Property Owners’ List C - Plat Map D - MWCC Easement F - Recettt Termination of Sanitary Sewer Easement F - Plat of Foxwood Second Addition G > Staff Sketch of F.asements to Remain Once Vacation is Complefed Reykw of Request Applicant has filed a petition seeking the vacation of a 35’ wide drainage and utility easement dedicated in the plat of Foxwood Second Addition (approved in December of 1989). The surveyor for the subdivision advised applicant that the City Attorney for Orono required that the MWCC easement be shown on the plat as a drainage and utility easement. In reviewing the subdivision file, there b no reference as to the existence of the easement nor b there recordmg of any written discussion noting the existence of the easement. There is nothing in the exchanges between suff and the City Attorney that would have suggested conditioning approval on the casement being shown on the final plat. The easement certainly wouldn ’t have been designated as a drainage and utility easement Init rather as a utility easement with the document number of the easement recorded on the plat. Review Exhibits B and E, the MWCC has released all interest in the easement. The original release agreement was sent to the law firm of Fredrikson & Byron for filing against the Chain of Title of the property. It is not clear whether this has been completed by either the applicant or the current owner. The City sees no public interest being served by the existence of the easement. We recommend that the 35’ drainage and utility easement be vacated and that easements be retained as shown on the staff sketch. Exhibit G. Applicant should advbe if the document releasing the easement by the MWCC has been filed. U