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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 6 8 2 8 <br />---------- <br />WHEREAS, the Orono Council finds the vacation as proposed does not <br />meet the standards for a right of way vacation with consideration of the following findings: <br />1. The property is unimproved right of way to the shore with the purpose for <br />pedestrian use . The Council finds that vacating the right-of-way as <br />requested will impact the present or future public accessibility to the lake. <br />2 . The City of Orono asserts that there is a public benefit to retaining the right <br />of way that potentially provide public access to the lake from other right-of­ <br />ways further back from the lake. <br />3. The City of Orono has storm sewer facilities within the portion of right-of­ <br />way to be vacated . <br />4. Electric, gas, telephone and cable utilities have been notified of the <br />proposed vacation and none have objected to the vacation nor indicated <br />they have existing facilities within the easement area. <br />5. The City Council finds that this right-of-way identified as a pedestrian <br />access to the lake in the Orono Comprehensive Plan. <br />6 . The City Council finds that: <br />a) The vacation would affect access for use of the lake for the public. <br />The property owner's legal access to their property will not be <br />affected by the City maintaining the unimproved right of way. <br />b) The City has identified the right of way in the Comprehensive Plan <br />as a pedestrian access to Lake Minnetonka and has used parts of <br />the right of way for storm water utilities. <br />c) The unimproved dedicated right-of-way as it exists serves a public <br />purpose . <br />NOW, THEREFORE, BE IT RESOLVED, that the vacation of unimproved <br />right-of-way as described above, and as shown Exhibit A, is hereby denied by the City <br />Page 2 of 3