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n' <br />I <br />h. <br />rr <br />r;. <br />r-Jj:- <br />?v:.".. • <br />r‘ <br />■i- <br />COUNCIL MEETING <br />JAN 1 4 1991 <br />CITY OF ORONO <br />To:Mayor Peterson 6 Orono Council Members <br />City Administrator Bernhardson <br />Jeanne A. Mabusth, Building & Zoning Administrator <br />Date: <br />Subject: <br />January 9, 1991 <br />#1521 S. Lombardozzi, 115 Old Crystal Bay Road North <br />Preliminary Subdivision - Resolution <br />Addition of Exhibits <br />Exhibit M - City Attorney's Opinion 1/8/91 <br />Please review Exhibit M, the City Attorney's opinion regarding <br />the issue of "taking" if the City accepts Wear Lane North and Wear <br />Circle as public roads and assumes the responsibilities of <br />maintenance. It is the City Attorney's opinion that there is valid <br />claim of a taking instance as Mr. Wear, at the time of the filing <br />of the Rolling Meadows plat, dedicated public access via easements <br />granted over the subject roads. <br />The City Attorney has also been asked to provide further <br />direction regarding the necessary legal procedure or steps for the <br />City to follow in the reclassification of Wear Lane North to a <br />public road. In preliminary discussions with the Atcorney, he <br />advises that it may be simply a matter of passing a resolution as <br />was recently done with the Lafayette Ridge petition. In the <br />Lafayette Ridge case# the petition was made by all property owners <br />benefitting from the use of the roadway. Tom Barrett will further <br />review the procedural issue and provide direction at the Council s <br />upcoming meeting. <br />The enclosed preliminary approval resolution sets forth the <br />Planning Commission recommendation and includes the the <br />recommendation that both Wear Lane North and Wear Circle be <br />accepted as public roads with the City assuming the responsibility <br />of maintenance of same. <br />.. 1 • >»,•