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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 64 3 NO. WHEREAS, the new owners of said portion of Parcel A plan to construct an addition to their existing residence, making use of Parcel A for said construction. In order to avoid a conflict with the provisions of the Open Space Easement, a vacation of the easement within Parcel A would be appropriate; 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 June 20, 2016 regarding said vacation and all interested persons were given an opportunity to be heard; and WHEREAS, on June 20, 2016 the Orono Planning Commission reviewed the application and on a vote of 5-0 recommended approval of vacation of the portion of the Open Space Easement within Parcel A subject to dedication of a replacement easement of equal area within Parcel B as described and depicted in Exhibit A; and WHEREAS, the Orono City Council finds the vacation as proposed is in keeping with the public interest and in consideration of the following findings: The portion of the Open Space Easement to be vacated would be a hindrance to development of the property at 220 Northgate Road if not vacated. 2. The City of Orono will neither gain nor lose in terms of open space because an equal area of open space will be dedicated in conjunction with the aforesaid lot line rearrangement. 3. The City of Orono has no municipal sewer, water or storm sewer facilities within the Easement area to be vacated 4. The City Council finds that the existing Easement area to be vacated has no apparent present or future benefit to the public. 5. The City Council finds that: a) The vacation does not affect access to or use of any adjoining property. The property owner's legal access to the property will not Page 2 of 3