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t <br /> � FILE 103470 <br /> June 21,2010 <br /> , Page 3 of 3 <br /> issue by entering into the agreement but instead to increase the encroachments. <br /> This right-of-way was donated and dedicated to the public use by the owners of the land that <br /> became the Spring Park subdivision. If the City Council determines there is no longer any - <br /> use for the right-of-way it may vacate it. Ownership of the vacated right-of-way is � <br /> determined by real estate law; the City does not deed the properly to anyone. <br /> ' In determining if there is no longer any use for this right-of-way the City Council has two <br /> roles. As the board of directors of the Orono municipal corporation, Council must determine <br /> if the corporation has a need for the right-of-way, for a road, sewer and water mains, lift <br /> sta.tions, or storm water facilities, etc. As elected representatives of the Public, Council must <br /> consider if the Public has any use for this right-of-way. <br /> Are there any other issues or concerns with this application? <br /> Staff Recommendation <br /> Planning Staff recommends the application be denied based on: <br /> A. The City uses the entire right-of-way as a part of the storm drainage system. <br /> Drainage from Ivy Place and properties west of Ivy Place flows across it to Lake <br /> Minnetonka. <br /> B. The City Engineer has identified a foreseeable City use for the entire right-of-way to <br /> address future state or watershed district stormwater management requirements. <br /> C. The Public uses the right-of-way to enjoy a view of the lake. If a formal trail were <br /> constructed the preferable location would be neax the middle of the 60 foot right-of- <br /> way so there would be room for buffering between the access users and the adjacent <br /> properties. <br />