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0 0 CITY of ORONO n ti ti RESOLUTION OF THE CITY COUNCIL SI;04�6 NO. 5 1. e i WHEREAS, the City Council of the City of Orono finds that said vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1. The portion of dedicated right-of-way to be vacated has never been improved as a public roadway,but does contain City and other public utility lines which serve the owner and the public. 2. The vacation of said right-of-way will not eliminate access to any adjoining or nearby properties, nor does it provide access to Lake Minnetonka or any other public amenity. Furthermore, said right-of-way abuts only the petitioner's property and West Ferndale Road. 3. Utility companies have been notified of the proposed vacation and Xcel Energy has indicated that an easement for a power distribution lines is required if the vacation occurs. 4. The City does not intend to use the portion of right-of-way to be vacated for any public purpose other than for the utility purposes noted. NOW,THEREFORE,BE IT RESOLVED,that the petition of Robert A. Carlson on behalf of Jyland Distinctive Homes, Inc. is hereby granted by the Council of the City of Orono and that the portion of right-of-way as legally described above is hereby vacated, subject to the following: 1. Reservation of a perpetual easement for public utility purposes over, under and across the vacated right-of-way, which easement shall include the right of the public utility provider to maintain, operate,repair or reconstruct said public utilities and the right of ingress to and egress from said public utility. 2. The aforesaid easement shall be separately documented and filed with the Hennepin County Recorder. 3. The vacated property shall be legally combined with the adjoining three tax parcels: (02-117-23 43 0002, 02-117-23 43 0004. 02-117-23 43 0006) Paye 2 o f 3