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• <br /> d _ � Ci.t� o� ORONO <br /> � ' RESOLUTION OF THE CITY COUNCIL . <br /> � NO. 1407 � <br /> • <br /> • - • • . <br /> 7) Merrill H. Gibbs has owned the property for <br /> approximately 50 years. <br /> 8) The current subdivis�on review has once again - <br /> raised the. issue of the 33 ' wide. public cartway <br /> , ' that involves not only the Gibbs property but <br /> Lots 1 (owned by Gibbs) , 2; 3, 4 and 5, B1ock 1 <br /> of the Farview plat.• . <br /> 9) Gibbs cnntends that during his. residency that he has <br /> never encountered any. assertio.n of public access of <br /> the cartway u�ntil the mid 1970 ' s when the City made <br /> an attempt �to:�grade and clear. the access way. <br /> . 10) It is the City ' s legal position that the access <br /> has beer� and is presently dedicated. to the public <br /> and the City. � <br /> • 11) . The City �f iles ,contain numberous. written statements <br /> from for,mer and. current residents claiming vehi,cular <br /> . or pedestrian us.e of the cartway for the past 80 years. <br /> 12) The minu:tes of the public hearing he1.d by the Cit� <br /> on June 3�, 1980, contain the oral statements of <br /> many of these same persons. attesting to the many <br /> uses . of the � cartway for over 80 years. <br /> 13) In consideration of the City 's obligation to protect <br /> that public interest in� the� cartway. and also of the <br /> earnest desire o.f Mr. Gsbbs, a lon.g time resident <br /> of the: City, to expedi-te the review of this subdivision, <br /> , to avoid litigation and provide for an amicable settlement <br /> of the� disputed cartway, the City has agreed to relinqu°ish <br /> ,• its claim for a cartway_ovPr Lot 36 in egchange for a � <br /> limited .access easement. <br /> 14) A site inspect�ion of the property held on July 16, <br /> �1982, revealed that a� 12 ' wide easement would not <br /> interfere with any of the existing improvements on <br /> the Gibbs property. <br /> 15) A 12 ' wide corridor was. •deemed adequate by the Orono <br /> staff fo� pedestrian access and possibl.e vehicular <br /> • use during the winter months. • <br /> Page 2 of 6 <br />