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�� CITY of ORONTO RESOLUTION OF THE CITY COUNCIL NO. 5 65 1 WHEREAS, after due published and posted notice, a public hearing was held by the Orono Planning Commission on March 19, 2007 regarding said vacations and all interested persons were given an opportunity to be heard; and WHEREAS, after due standing and consideration, the Planning Commission on March 19, 2007 recommended conditional approval of the proposed vacations; and WHEREAS, the City Council. of 'the City of Orono- finds that said vacations as proposed are in keeping with the public interest acid in consideration. of the following findings: 1. Bracketts Point Road was originally dedicated to the public as a 20 corridor in its current configuration in 1903. Currently, the 20' right-of-way of Bracketts Point Road contains a narrow paved road/doveway that serves homes at 1450, 1480 and 1500. It has no cuWe-sac platted or constructed, but both 1480 and 1500 have loop driveways that have eliminated, the need for vehicle backing. While these provide for some minimum level of emergency vehicle access, at the average 14' width the existing driveway system does not provide the 20' width required by the Minnesota State Fire Code Sections' 503.1.1 and 503.2.1. The current road and driveway system is not in compliance with these standards. 2. The portion of dedicated right -of --way to be vacated has technically existed as a public•roadway %r many ctecades,� but a majority of the portion to be vacated has served primarily as a private driveway for the three homes at 1450, 1480 and 1500 Bracketts Point Road, and has Inot been fully maintained by the City. The City for many years has not generally plowed snow or otherwise maintained the portion of right-of-way to be vacated; except to the extent of using it for access to the municipal sewer lines under the northerly 60% of the length to be vacated. 3. The right -of --way to be vacated does contain City sewer lines and other public utility lines which serve the petitioiner and other abutting property owners. 4. The vacations of said right -of way and easements is reasonable only in conjunction with the proposed relocation of Bracketts Point Road by the Developer as a new private road, and relocation by the Developer of all associated utility lines and services. I S. Because the right -of --way to bey vacated does not abut the shore of Lake Minnetonka, it does not provide direct access to Lake Minnetonka or any other public amenity. Page 2 of 4