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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y 6828 <br /> NO. <br /> tAkfsHOs"" <br /> WHEREAS, the Orono Council finds the vacation as proposed does not <br /> meet the standards for a right of way vacation with consideration of the following findings: <br /> 1. The property is unimproved right of way to the shore with the purpose for <br /> pedestrian use. The Council finds that vacating the right-of-way as <br /> requested will impact the present or future public accessibility to the lake. <br /> 2. The City of Orono asserts that there is a public benefit to retaining the right <br /> of way that potentially provide public access to the lake from other right-of- <br /> ways further back from the lake. <br /> 3. The City of Orono has storm sewer facilities within the portion of right-of- <br /> way to be vacated. <br /> 4. Electric, gas, telephone and cable utilities have been notified of the <br /> proposed vacation and none have objected to the vacation nor indicated <br /> they have existing facilities within the easement area. <br /> 5. The City Council finds that this right-of-way identified as a pedestrian <br /> access to the lake in the Orono Comprehensive Plan. <br /> 6. The City Council finds that: <br /> a) The vacation would affect access for use of the lake for the public. <br /> The property owner's legal access to their property will not be <br /> affected by the City maintaining the unimproved right of way. <br /> b) The City has identified the right of way in the Comprehensive Plan <br /> as a pedestrian access to Lake Minnetonka and has used parts of <br /> the right of way for storm water utilities. <br /> c) The unimproved dedicated right-of-way as it exists serves a public <br /> purpose. <br /> NOW, THEREFORE, BE IT RESOLVED, that the vacation of unimproved <br /> right-of-way as described above, and as shown Exhibit A, is hereby denied by the City <br /> Page 2 of 3 <br />