02-22-1995 Planning Packet - Laserfiche WebLink

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To:Chair Schrocder and Orono Planning Commission Members Ron Moorse, City Administrator 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 Zoning INstnct: RR-IB Area of property = 2 acres Pertinent Ordinance 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 Metropolitan Waste Control Commission has released and terminated any interest in the original sewer easement granted to the MWCC in April of 1975. List of Exhibits A - Application B - Property Owners’ List C - Plat Map D - MWCC Easement Recent Termination of Sanitary Sewer EasementE - F - Plat of Foxwood Second Addition G -Staff Sketch of Easements to Remain Once Vacation is Completed Review of Request . j -i- Applicant has filed a petition seeking the vacation of a 35’ wide drainage and utility easement dedicated in the plat of Foxwood Secoixl 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 is no reference as to the existence of the easement nor is there recording of any written discussion noting the existence of the easement. There is nothing in the exchanges between staff and the City Attorney that would have suggest^ conditioning approval on the easement being shown on the final plat. The easement certainly wouldn t have been designated as a drainage and utility easement but 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 advise if the document releasing the easement by the MWCC has been filed. Isv