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C P <br />L 1 1 <br />To: Mayor Grabek <br />Orono Council Members APQ 2 7 <br />Planning Commission Chairman Kelley <br />Orono Planning Commission Members UII i OF <br />City Administrator Bernhardson <br />From: Jeanne A. Mabusth, Building & Zoning Administrator <br />Date: April 20, 1988 <br />Subject: #1169 Wear Enterprizes Partnership, 2950 Watertown Road - <br />Final Subdivision - Resolution <br />The applicant has fulfilled all conditions of Resolution #2291 that <br />approved the preliminary 6 lot plat. Staff recommends approval of the <br />plat, Rolling Meadows Second Addition, subject to the findings and <br />conditions set forth in the enclosed staff resolution. <br />Mr. Michaels, applicant's attorney, has certain reservations concerning the <br />wording within the road and utility easement. Please refer to his letter <br />of February 18, 1988 to Tom Barrett. As staff advised Tom Barrett in an <br />earlier conversation, the document has been used for approximately 15 years <br />by the City at the time private roads were being created by the City. This <br />easement gives the City the right to maintain utility easements within <br />these private roads and most important, allows the City to go in and <br />maintain a road for safety purposes if roads are not maintained by the <br />property owners served by said private road. it is also staff's <br />understanding that it is this same document that can be used when the City <br />wishes to acquire said private road at some future time for public road <br />purposes and maintainance of same. The city attorney has been made aware <br />that Mr. Michaels will be seeking an explanation from the City. <br />