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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL N O . i^I A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT WITHIN LOT 2, BLOCK 1, MACMILLAN ADDITION, HENNEPIN COUNTY, MINNESOTA - FILE NO. 16-3800. WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Conley Brooks, Jr. and Carol G. Brooks, husband and wife as joint tenants are the owners of the property described in Exhibit A attached hereto (referred to herein as `the Brooks property'; and WHEREAS, Whitney MacMillan and Elizabeth S. MacMillan, Trustees or Successor Trustees of the Whitney MacMillan Trust U/A dated 7127189, are the owners of the property described in Exhibit B attached hereto (referred to herein as `the MacMillan property'); and WHEREAS, a portion of the MacMillan property is intended to be separated from the MacMillan property and combined with the Brooks property resulting in a new common boundary between the Brooks and MacMillan properties; and WHEREAS, a portion of an existing perimeter drainage and utility easement within the MacMillan property will upon the above -noted separation/combination be located so as to present a potential impediment to future use of the combined Brooks property, said easement portion described and depicted in Exhibit C attached hereto and referred to hereinafter as `thc Easement'; and WHEREAS, vacation of the Easement has been requested by the owners of the Brooks and MacMillan properties, subject to dedication of a replacement easement to be located along the new common boundary between said properties; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on January 19, 2016 regarding said vacation and all interested persons were given an opportunity to be heard; and Pagel of 3