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Zoning File #1118 <br />March 4, 1987 <br />Page 2 of 2 <br />On the other hand, the Flowage and Conservation Easement was another <br />matter and would have to be reviewed by both the City Attorney and City <br />Engineer prior to any recommendation for action by staff. The drainage <br />plan as approved by the City in 1984 was interdependent and not mutually <br />exclusive. In other words, if the new owners of Lot 3 did not maintain the <br />defined drainageway through their property. Lot 2's drainage would fail. <br />The City Engineer, in his report, (Exhibit D), has recommended two <br />courses of action. The first would be to simply modify the area restricted <br />by the Flowaje and Conservation Easement providing protection of the <br />drainageway and releasing the proposed pond area to north of line. <br />The second option would call for land alterations on Lot 2 that would <br />redirect overflow drainage from retention pond south to drainage ditch at <br />County Road 6 (review Exhibit C) - note all drainage would be contained <br />within Lot 2. <br />The owner has decided to accept option one and has agreed to execute <br />an amended drainage easement that would define and protect the current <br />drainage pattern. <br />The City Attorney has advised that a formal vacation of the existing <br />drainage and utility easement held in favor of the City is required. It <br />was first assumed that an amended easement could have been filed with the <br />appropriate resolution by Council action. <br />Staff has scheduled a public hearing for the formal vacation of the <br />drainage and utility easement as described in the public hearing notice <br />(Exhibit G). <br />Staff Recommendation: <br />To approve the vacation of drainage and utility easements as described <br />in the Flowage and Conservation Easement and Waiver of Damages (Document <br />No. 4944172) granted to the City of Orono over a proposed drainage area of <br />Lot 3, Block 1, Willow Run, subject to the following conditions: <br />1. Payment by CMIC for all costs charged against the City as a result <br />of this request. <br />2. Execution of a drainage easement over the now redefined drainage­ <br />way that intersects Lot 3 to be executed by owner prior to Council <br />action.