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REQUEST FOR COUNCIL ACTION •7ft <br />DATE: March 6," 4^5 ^ <br />ITEM NO ■'7 % <br />iS? <br />Department Approval: <br />Name Jeanne A. Mabusth <br />Title Building & Zoning Administrator <br />Administrator Reviewed:Agenda Section: <br />Zoning <br />Item Description: #1990 Robert Carlson, 710 Gander Road - Vacation of Drainage and <br />Utility Easement - Resolution <br />Zoning District: RR-IB <br />Area of property = 2 acres <br />Pertinent Ordinance <br />Section 10.12 - Request to vacate utility easement <br />Application <br />Applicant has petitioned for the vacation of a 35’ wide drainage and utility easement <br />dedicated on the plat of Foxwood Second Addition. The Metropolitan Waste Control <br />Commission has released and terminated any interest in the original sewer easement <br />granted to the MWCC in April of 1975. The Release and Termination of Sanitary Sewer <br />Easement, Exhibit E, has been filed by the Fredrikson and Byron law firm against the <br />Chain of Title of the property. <br />List of Exhibits <br />A - Application <br />B <br />C <br />D <br />E <br />F <br />G <br />Property Owners’ List <br />Plat Map <br />MWCC Easement <br />Release and Termination of Sanitary Sewer Easement <br />Plat of Foxwood Second Addition <br />Staff Sketch of Easements to Remain Once Vacation is Completed <br />Brief Review of Application <br />The applicant has filed a petition seeking the vacation of a 35’ wide drainage and utility <br />easement dedicated in the plat of Foxwood Second Addition (approved in December of 1989). <br />The surveyor for the subdivision advised applicant that the City Attorney’s office for Orono <br />required that the MWCC easement be shown on the plat as a drainage and utility easement. In <br />reviewing the subdivision file, there is no reference as to the existence of the easement nor is <br />there a record of any written discussion noting the existence of that easement. Approval of <br />Foxwood Second Addition was not conditioned on the easement being shown on the final plat. <br />If the Orono staff was aware of the easement, it would not have been designated as a drainage <br />and utility easement but rather as a utility easement with a document number of the easement <br />recorded on the plat.