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..-, : _ <br /> u � <br /> Clt� o� ORONO <br /> � � ITY COUNCIL <br /> RESOLUTION OF THE C <br /> � NO. 1636 <br /> � - • • <br /> ' A RESOLUTION VACATING AN UNIMPROVED <br /> PUBLIC RIGHT OF WAY RNOWN AS PENCE LANE <br /> WITHIN AUDITOR'S SOBDIVISION NO. 344, <br /> SECTION 21, TOWNSHIP 117, RANGE 23 IN <br /> THE CITY OF ORONO, MINNESOTA <br /> • WHEREAS, the City of Orono is a municipal corporation <br /> organized and existing under the laws of the State of Minnesota; and <br /> WHEREAS, on October 13 , 1983, Franklyn E. Dailey, Michael G. <br /> Pluhm and William Z. Mernik petitioned the City Council for vacation of <br /> an unused portion of dedicated public roadway known as Pence Lane and <br /> legally described as Lot 8 of Auditor ' s Subdivision No. 344 , Section <br /> 21, Township 117 , Range 23 in the City of Orono, Minnesota. <br /> WHEREAS, after due published and posted notice, a public <br /> � hearing was held before the City Planning Commission on November 21, <br /> 1983, regardingsaid vacation and all personsinterested were given an <br /> opportunity to be heard; and <br /> WHEREAS, after due study and consideration, the Planning <br /> . Commission recommended approval of the vacation and the City Council <br /> of the City of Orono finds that said vacation, as proposed, is in <br /> keeping with the public interest in consideration of the following <br /> findings : � <br /> 1. The vacation will not affect access to or use of any <br /> adjoining property. <br /> 2. The City has not and does not intend to develop, improve or <br /> use the property in any way except for utilities and access <br /> purposes hereinafter described. <br /> 3 . The property as it exists serves no public purpose. <br /> NOW, THEREFORE BE IT RESOLVED that the petition of Franklyn E. <br /> Dailey, Michael G. Pluhm and William Z. Mernik is hereby granted and <br /> that the unimproved public roadway known as Pence Lane and legally <br /> � described above is hereby vacated. The granting of the petition is <br /> subject to the following conditions: <br /> 1. Upon vacation, the affected property owners must execute <br /> � a road maintenance agreement to . assure the upkeep and <br /> �� maintenance of the private roadway. <br /> Page 1 of •� <br />