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� o� O _, O CITY of ORONO �,_� - +-� ° -�; � RESOLUTION OF THE CITY COUNCIL �'�� ,�`� No. 6 1 8 7 �kESH04'� to public waters; and (3) how the vacation would impact conservation of natural resources. MnDNR opposition does not preclude the City from approving the vacation but is advisory. 7. The City Council finds that this particular right-of-way has no apparent present or future benefit to the public because of the topography of the site. Additionally, the City Council finds that the public will benefit by the rip vate ownership of this area because the adjacent property owners, not the public,have a strong interest in protecting and maintaining the immediate shoreline to prevent erosion and slope failure at this site. The City, the County and the State are not likely to spend tax dollazs maintaining this shoreline. 8. The City Council finds that: a) The vacation does not affect access to or use of any adjoining property. The property owner's legal access to the property will not be affected by the vacation of Lake Street and no adjacent or nearby properties will ha�e their access limited by it. b) The City has not and does not intend to develop, improve, or use the dedicated right-of-way as a road or for utilities or access purposes. c) The unimproved dedicated right-of-way as it exists serves no public purpose. Due to topoa aphical constraints, this area of shoreline is not conducive to pedestrian or vehicular movement, therefore existing and future public access to the lake will not be reduced or impacted by this vacation. NOW, THEREFORE, BE IT RESOLVED, that the vacation of the portion of Lake Street right-of-way as described above, and as shown on the Certificate of Survey atta.ched as Exhibit A, is hereby granted by the City Council of the City of Orono on this lOth day of December, 2012. .� .�� Lili Tod McMillan, Mayor ATTEST: ;i��-�,�C/• �,� Linda S. Vee, City Clerk Page 3 of 4 . 1