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r <br />To: <br />From: <br />Date: <br />Subject: <br />Chair Schroeder and Orono Planning Commission Members <br />Ron Moorsc, City Administrator <br />Jeanne A. Mabuslh. Building & Zoning Administrator <br />April 5. 1995 <br />#1298 Richard J. Johnson and Gordon Nelson. Vacation of Final Segments of <br />Forest Boulevard - Public Hearing <br />Peninent Ordinances <br />Section 10.12. Vacation of Streets. Alley and Public Road. Vacation of other segments <br />of Forest Boulevard were completed in 1988 and 1993. The two remaining sepnents are <br />the last portions of the unimproved public road to be vacated (review Exhibit C). <br />List of E.xhibits <br />A - Council Minutes 3/27/95 <br />B - DNR Letter 3/11/88 <br />C - Location Map <br />D * Survey Locating Private Drives Serving Both Applicants Properties <br />Review of Current Application <br />On March 27. 1995 the Council directed the City staff to proceed with the necessary <br />steps to permit the vacation of Forest Boulevard located to the immediate west of the Johnson <br />and Nelson properties. The City has approved vacations of Forest Boulevard commencing in <br />1988 through 1993. It was duriiig the review of the first vacation application that Mr. Nelson <br />advised the City of his need to maintain the only legal access to his property. <br />Review Exhibit D. The City vacated the public roadway known as Oak Place in the early <br />’70s and failed to obtain an access easement over Mr. Nelson ’s driveway. Note both Mr. <br />Johnson and Mr. Nelson ’s driveways are located within vacated right-of-way not owned by <br />either applicant. Mr. Nelson asked that Forest Boulevard not be vacated until the City obtained <br />legal access over his driveway. <br />The City staff and legal consultants have worked with the various property owners to <br />obtain the multiple easements but have failed at several time-consuming and fruitless attempts. <br />At Council ’s March 27, 1995 meeting, staff was directed to prepare for the legal vacation <br />of Forest Boulevard, subject to the following conditions: <br />1. Staff to determine the need for a public hearing because of the time lapse from <br />the first legal notice involving the property. <br />2. City to obtain an easement in favor of Gordon Nelson over the portion of the <br />vacated road owned by Richard Johnson.