03-25-1985 Council Packet - Laserfiche WebLink

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� �o, . --A hi Eft TO: Mayor Butler Orono Counci lmembers MAR 2 51985 PROM: Jeanne A. Mabusth, Building 6 Zoning Administrator DATE: March G1 )F 0RNO 20, 1985 SUBJECT: #902 City of Orono - Vacation of Manor Circle At our last meeting, Council voiced concern with staff's recommendation to immediately vacate Manor Circle. Manor Circle was incorrectly dedicated on the plat as a public road. The final resolution and accompaning supportive documents formally recognizing Manor Circle as a private road were all negated by the dedication language on the plat. If we were to proceed with the vacation now, the area of the road would revert back to the adjacent landowners and the City would no longer have the ability to plat the roadway as an outlot in a future plat. Rather than demand an immediate replat by the developer, staff now recommends tabling or postponing the vacation of Manor Circle until the developer or owner of Outlot A proceeds with the third stage plat sometime next year (Conry advises that all five lots of Countryside 2nd stage have been sold). At the time of the 3rd stage plat, the City would vacate and plat the road as an outlot. The City has asked that the Developer, DiCon, and Point West Builders, the new owner of Lot 1, Block 1 and Lot 1, Block 2, Countryside Manor 2nd Addition, enter into an agreement that would assure the following: 1. Benefitting parties assume all responsibility for upkeep of Manor Circle. 2. Agree to plat vacated portion of Mar,or Circle as outlot in future plat --also to plat with a cul de sac if the City deems it necessary. 3. At time of 3rd stage plat, all necessary parties provide to City updated road and util ity easement over vacated Manor Circle or now new road outlot. 4. Upon ^xecution of Ireement, DiCon and Points West Builders will grant temporary - d and utility easement over portions of cul de sac of Manor Circle not involved in dedicated roadway. I have enclosed a preliminary draft of that agreement for your review. The City Attorney will respond to any questions you may have. DiCon and Points West have agreed to the format and content of the agreement. If the Council approves of this approach to the vacation of Manor Circle, move to direct the Mayor to execute the agreement on behalf of the City. In addition, formally move to postpone the vacation to a later date at which time a second public hearing would be scheduled.