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RESOLUTION OF THE CITY COUNCIL <br />NO. 90 <br />WHEREAS, on January 19, 2016 the Orono Planning Commission <br />reviewed the application and on a vote of 6-0 recommended approval of vacation of the <br />Easement, subject to dedication of a replacement easement along the new boundary line; <br />and <br />WHEREAS, the Orono City Council finds the vacation as proposed is in <br />keeping with the public interest and in consideration of the following findings: <br />1. The Easement in question was created as a standard 10' perimeter Drainage <br />and Utility easement when the MacMillan Addition was platted in 1990. The <br />Brooks' are acquiring the portion of the MacMillan property in which the <br />Easement exists, and combining said portion with their existing property. <br />Continuation of the Easement will bisect the Brooks' combined parcel and <br />cause potential future issues for use of the property. <br />2. Electric, gas, telephone and cable utilities have been notified of the proposed <br />vacation and those responding have indicated they have no existing facilities <br />within the Easement area and do not object to the vacation. <br />3. The City of Orono has no municipal sewer, water or storm sewer facilities <br />within the Easement area. <br />4. The City Council finds that the existing Easement has no apparent present or <br />future benefit to the public. <br />5. The City Council finds that: <br />a) The vacation does not affect access to or use of any adjoining <br />property. The property owner's legal access to the property will not <br />be affected by the vacation of the Easement and no adjacent or nearby <br />properties will have their access limited by it. No utilities will be <br />affected by vacation of the Easement <br />b) The City has not and does not intend to develop, improve, or use the <br />existing Easement area for drainage and utilities purposes. <br />c) The unimproved Easement area as it exists serves no public purpose. <br />Page 2 of 3 <br />