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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7474 <br /> <br /> <br />2 <br />230694v1 <br /> <br />WHEREAS, the sections of fence do not interfere with safe passage of vehicles or <br />pedestrians on Orono Orchard Road South, and the City is willing to allow the encroachment to <br />remain within the easement areas as provided herein; and <br /> <br />WHEREAS, the other City documents recorded against the title to the Property are the <br />following (collectively, the “City Approvals”): <br /> <br />A. Declaration of Subdivision Covenants, dated July 9, 1999, recorded April 14, 2000 <br />(Doc. No. A7285795); <br />B. Conditional Use Permit, granted by Resolution dated July 28, 2003, recorded February <br />5, 2004 (Doc. No. A8287776); <br />C. Variance, granted by Resolution dated April 14, 2003, recorded April 7, 2004 (Doc. No. <br />A8327496); <br />D. Conditional Use Permit, granted by Resolution dated May 12, 2003, recorded April 7, <br />2004 (Doc. No. A8327497); and <br />E. Sewer Connection, granted by Resolution dated May 12, 2003, recorded April 7, 2004 <br />(Doc. No. A8327498) <br /> <br />WHEREAS, the Owner has requested that the City assent to the Owner’s registration of <br />the Property, subject to the City Approvals, which will remain in full force and effect; and <br /> <br /> NOW, THEREFORE, BE IT RESOLVED, by the Orono City Council and the City of Orono <br />that, based on the foregoing: <br /> <br />1) The Easement for Public Street Purposes (Orono Orchard Road South) is accepted; and <br /> <br />2) The Easement for Public Street Purposes (Fox Street) is accepted; and <br /> <br />3) The City assents to the encroachment of the fences within the easement area legally <br />described and depicted on Exhibit C, and pursuant to the terms set forth in the Easement <br />for Public Street Purposes (Orono Orchard Road South); and <br /> <br />4) The City assents to the Owner’s registration of the Property; and <br /> <br />5) The Mayor and City Manager are authorized to execute the Assent Registration of Land <br />as requested by the Owner. <br /> <br />82