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� o� <br /> 0 0 <br /> CITY of ORONO <br /> � � <br /> ti <br /> �'�� �G~ RESOLUTION OF THE CITY COUNCIL <br /> `9kESYiOg' NO. __ �� �7 2� <br /> A RESOLUTION <br /> ACCEPTING KELLEY PARI�WAY AS A PUBLIC ROAD <br /> AND ACCEPTING SPECIFIED IIMPROVEMENTS IN STONEBAY <br /> AS PUBLIC FACILITIES -ZONING FILE #2789/2840 <br /> WHEREAS, on July 9, 2003 the City of Orono and Dahlstrom Development <br /> Corporation LLC entered into Planned Unit Development Agreement No. 4 (the "Agreement") <br /> which documented the terms and conditions under which the development known as "Stonebay" <br /> was approved; and <br /> WHEREAS, the terms and conditions of the Agreement in Subsection D(8)(1) <br /> state that final acceptance of the Improvements to be publicly owned, including Kelley Paxkway <br /> and its associated appurtenances, sanitary sewer and water systems and stormwater systems, and <br /> other off=site road improvements, shall take the form of a Resolution passed by the Orono City <br /> Council, on the advice of the City Engineer; and <br /> WHEREAS, the City Engineer has recommended that the City formally accept <br /> the Improvements; and <br /> WI�EREAS, the Agreement in Subsection D(13)(a-c) defines which <br /> Improvements are Public and which are Private, and establishes responsibilities for maintenance <br /> of each; and <br /> WHEREAS, maintenance obligations for the Stonebay development are further <br /> memorialized in the Declaration of Easements, Restrictions and Covenants for Stonebay (the <br /> "Declaration")executed by the Developer on July 9, 2003; and <br /> WHEREAS, in order to provide clarity as to ownership and maintenance <br /> responsibilities of the City and of the Developer, his heirs, successors and assigns, a summary of <br /> maintenance obligations for the various elements of Stonebay is attached hereto as E�ibit A. <br /> NOW, THEREFORE BE IT RESOLVED that the City Council of Orono <br /> Minnesota does hereby formally accept the Public Improvements associated with Stonebay as <br /> noted on Exhibit A atta.ched hereto, and sha11 immediately assume ownership and maintenance of <br /> said facilities. <br /> Adopted by the City Council of Orono, Minnesota this 14�'day of March, 2011. <br /> ATTEST: <br /> G���2� � / U�� � � / � <br /> Linda S. Vee, City Clerk Lili Tod McMillan, Mayor <br /> Page 1 of 2 <br />