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,tiO4i CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 7472 <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 /> 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 /> 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 /> NOW, THEREFORE, the City Council of the City of Orono, Minnesota, makes <br /> the following findings: <br /> FINDINGS <br /> 1. The Septic Improvements within the Easement were installed as part of an approved <br /> Septic System permit. <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 /> 3. The Encroachment Agreement does not affect access to, the use, or effectiveness of the <br /> wetland buffer within the Easement. <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 /> DECISION and CONDITIONS <br /> NOW THEREFORE BE IT RESOLVED by the City Council of the City of Orono, <br /> Minnesota as follows: <br /> 1. The Septic improvements are depicted in the Easement on Exhibit A. <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 /> 2 <br />