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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, October 12, 2015 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />Page 37 of 37 <br /> <br /> <br />Printup moved, Walsh seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, <br />Nays 0. <br /> <br />CITY ATTORNEY’S REPORT <br /> <br />19. SPATES AVENUE ACCESS EASEMENT AGREEMENT <br /> <br />City Attorney Mattick stated before the Council is a proposed nonexclusive easement as it relates to <br />Spates Avenue. This is an item the Council discussed several months ago. The marina has requested the <br />City clarify ownership of the land on Spates Avenue. Mattick noted the City has historically used that <br />land for winter access to the lake. There was also the dock for the fire boat located there. The marina <br />owners wanted clarification on who owned it, and after looking at it from a legal standpoint, he concluded <br />the City had established an easement but there was no paperwork solidifying that. <br /> <br />Mattick noted the Council established a committee of sorts consisting of Mayor McMillan and Council <br />Member Walsh. They discussed terms of an easement that would be acceptable and that has been put <br />forward to the plaintiffs. The plaintiffs have agreed to the terms and have signed off on it. The Council <br />should make a motion approving the easement and authorizing the Mayor and the City Administrator to <br />sign the easement. Mattick stated that should end the proceedings on this matter. <br /> <br />Printup stated he always considered it city access. Printup asked if the way it is written grants citizens the <br />right to use it in the winter. <br /> <br />Mattick stated it would but that there would be a gate installed and access would be opened on <br />November 15 and closed on March 1. Mattick stated they did try and get the terms of the easement as <br />close to status quo as possible. <br /> <br />Walsh moved, Cornick seconded, to approve the non-exclusive permanent access easement <br />agreement and to authorize Mayor McMillan and City Administrator Loftus to execute the Spates <br />Avenue Access Easement Agreement. VOTE: Ayes 5, Nays 0. <br /> <br />ADJOURNMENT <br /> <br />Levang moved, Printup seconded, to adjourn the Orono City Council meeting at 11:04 p.m. <br />VOTE: Ayes 5, Nays 0. <br /> <br />ATTEST <br /> <br />_____________________________________ _______________________________________ <br />Diane Tiegs, City Clerk Lili Tod McMillan, Mayor <br /> <br />