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TO: <br />FROM: <br />DATE: <br />SUBJECT: <br />Chair Smith and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />Michael P. Gaffron, Senior Planning Coordinator <br />July 15,1998 <br />#2388 Wyatt Moe, 1230 Spruce Place - Vacation of Portland Place - Public Hearing <br />Zoning District: LR-IB, Single Family Lakeshore Residential, 1 acre, sewered. <br />Application: Applicant requests that the City vacate a portion of Portland Place lying between <br />Blocks 1 and 2 of Saga Hill Revised. , <br />lO 91List of Exhibits r <br />A - Application <br />B - Plat Map <br />C - Property Owner's List ^ <br />D - Public Hearing Notice / ^ ^ <br />E - Notice to Utilities a p** jC. ^ <br />F - Pertinent Sketches ^ <br />G - Excerpt from Title Examiner's Report <br />H - 1998 Correspondence with Applicants Attorney <br />I- Council Minutes of October 23,1961 . , • <br />J. Council Minutes of August 14,1979 and Resolution No. 1062 "Confirming the Vacation <br />of a Portion of Portland Place" <br />K - Various Versions of County Plat Maps, 1976-Present <br />L - Neighboring Surveys/Deeds <br />Background <br />Dr and Mrs. Moe are registering the title to their properties on Loma Linda Avenue ^d Spruce <br />Place. The title examiner requested that documentation of the vacation of Portland Place be <br />provided. Portland Place was (is ?) a 33' platted alley connecting Loma Linda Avenue and the road <br />ImoNMi today as Spruce Place, which is partially located within the dedicated portion of Portland <br />Place adjacent to Lots 5 and 6, Block 1, Saga Hill Revised (sec Exhibits D). <br />County Plat Maps have variably shown Portland Place to be cither not vacated, partially vacated, or <br />totally vacated, as can be seen from Exhibits K. During the Moe's recent lot line rea^gement and <br />variance application, staff, applicants surveyor, and attorneys for both the City and the applicant all <br />believed that the entire length of Portland Place between Blocks 1 and 2 was Pr^'‘oysly vacated. <br />This presumption apparently resulted from a reliance on the fact that the County Plat Maps continue <br />to show a vacation filing date of 12/2/64. <br />In researching this matter, we find the following documentation. <br />1 Council minutes from October 23. 1961 indicate the City Council approved vacation of <br />Portland Place adjacent to Lots 1 and 2, Block 1, Saga Hill Revised. (1 his would be the