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• <br />• <br />CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 5 49 5 <br />CONCLUSIONS, ORDER AND CONDITIONS <br />NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the <br />findings noted above, the City Council of the City of Orono hereby grants Preliminary Plat <br />Approval for Julie Morrison -Anne & Brian Arne and Kerry & Kiann Nassauer per the <br />Preliminary Plat survey/drawing by Mark S. Gronberg of Gronberg & Associates, Inc. dated <br />June 16, 2006; and grants conceptual approval for the vacation of the 50' Manor Circle public <br />right-of-way from Countryside Drive to the north line of the plat of Countryside Manor -2°d <br />Addition, and the 10' wide drainage and utility easements within the Properties abutting either <br />side of the Manor Circle right-of-way, subj pet to the following conditions: <br />1. The Owners as part of the re -platting shall grant to the City the following easements: <br />a) Road, Drainage and Public Utility Easement over Outlot A. <br />b) 10' wide Drainage and Utility Easements within the newly defined Lots 1 and 2 <br />along the lot lines abutting Outlot A. <br />C) 5' wide Drainage and Utility Easements on either side of the new shared lot line <br />between Lots 1 and 2 north of Outlot A, connecting to the existing 5' D&U <br />easements along the north boundaries of Lots 1 and 2. <br />2. The applicants shall do one of the following actions regarding maintenance and <br />ownership of Outlot A, to be determined prior to final plat approval: <br />a) Execute a "Declaration of Covenants, Conditions, Restrictions and Private <br />Roadway Easement" to ensure that the private road will be maintained to <br />reasonable standards at all times by a homeowner's association (in this case the <br />two applicants would likely form a separate association just for Manor Circle, and <br />the two applicants would share ownership of Outlot A as part of that association), <br />and that failure of that private group to so maintain their private road will be <br />cause for the City to accomplish needed maintenance and to assess the benefitted <br />properties for the direct costs of such maintenance; OR <br />b) Revise the existing Countryside Manor covenants to include Manor Circle in <br />existing private road maintenance agreements, with the existing Association <br />owning Outlot A. <br />Page 4 of 7 <br />