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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />S H ORS NO. d5 49 <br />WHEREAS, on July 16, 2015 in accordance with MN Statute 412.851 a <br />written notice of the petition was served by certified mail upon the commissioner of natural <br />resources; and <br />WHEREAS, on September 21, 2105 the Orono Planning Commission <br />reviewed the application and on a vote of 6-0 recommended approval of said vacation; <br />and <br />WHEREAS, the Orono Council finds the vacation as proposed is in keeping <br />with the public interest and in consideration of the following findings: <br />1. Topographic information shown on the survey indicates the property has a <br />very steep slope to the shore with no terrace level at the base, hence <br />vehicular travel within the right-of-way is not feasible and pedestrian use is <br />minimally possible at best. The Council finds that vacating the right-of-way <br />as requested will have no impact on present or future public accessibility to <br />the lake. <br />2. Other nearby segments of Lake Street have been vacated by the City, <br />including that portion adjacent to 4705 North Shore Drive in 1996; that <br />portion adjacent to 4753 North Shore Drive in 2002; and that portion <br />adjacent to 4745 North Shore Drive in 2012. This right-of-way discontinuity <br />is an additional factor that supports the currently requested vacation. <br />3. The City of Orono has maintained a strong stand against vacating alleys or <br />fire lanes that are perpendicular to the shoreline which would potentially <br />provide public access to the lake from other right-of-ways further back from <br />the lake. On that basis, the portion of Lake Street in Bergquist's and <br />Wicklund's Park lying westerly of Lot 10, Block 6 and easterly of Lot 1, Block <br />6, is specifically not included within the area being vacated. <br />4. The City of Orono has no municipal sewer, water, or storm sewer facilities <br />within the portion of right-of-way to be vacated. <br />5. Electric, gas, telephone and cable utilities have been notified of the <br />proposed vacation and none have objected to the vacation nor indicated <br />they have existing facilities within the easement area. <br />Page 2 of 4 <br />