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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7472 <br /> <br /> <br /> <br />2 <br /> <br /> <br /> <br />WHEREAS, finding removal of the Septic Improvements would cause more <br />damage and disturbance to the established wetland buffer, the Council directed staff to draft an <br />Encroachment Agreement to allow the Septic Improvements to remain in the Easement; and <br /> <br />WHEREAS, the Council denied the Owners’ request to allow the Wall to remain <br />in the Easement Areas and directed the Owners to remove the Wall or to obtain a permit to <br />relocate the Wall to a conforming location on the Property; and <br /> <br />WHEREAS, on April 22, 2024, the Council authorized the Mayor and City <br />Administrator to sign the Encroachment Agreement addressing the Septic Improvements <br />allowing the same to remain within the Easement; and <br /> <br /> NOW, THEREFORE, the City Council of the City of Orono, Minnesota, makes <br />the following findings: <br />FINDINGS <br /> <br />1. The Septic Improvements within the Easement were installed as part of an approved <br />Septic System permit. <br /> <br />2. The Wall was constructed without the required zoning permit thus circumventing the site <br />plan review process which would have identified the conflict with the Easement. <br /> <br />3. The Encroachment Agreement does not affect access to, the use, or effectiveness of the <br />wetland buffer within the Easement. <br /> <br />4. For the foregoing reasons, it is in the public interest to allow the Septic Improvements to <br />remain within the Easement described and depicted in the Encroachment Agreement. <br /> <br />DECISION and CONDITIONS <br /> <br /> NOW THEREFORE BE IT RESOLVED by the City Council of the City of Orono, <br />Minnesota as follows: <br /> <br />1. The Septic improvements are depicted in the Easement on Exhibit A. <br /> <br />2. The encroachment shall not affect the authority of any person, corporation, or <br />municipality owning or controlling the electric or telephone poles and lines, gas lines, <br />sanitary and storm sewer lines, water pipes, mains, hydrants, and natural drainage <br />areas thereon or thereunder, to continue to maintain the same or to enter upon such way <br />or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend <br />thereof. <br />27