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� O� A j _ CITY of ORONO GAV Municipal Offices 1 Street Address: Mailing Address: O Egg 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 August 7, 1996 Terry Bills Empire Title Services 1152 South Robert Street West St. Paul, MN 55118 Re: 225 Tonka Avenue - Easement Dear Ms. Bills: A 20'x 100'portion of Brook Street on which the subject arae is located was vacated b the P J garage Y City in 1984 per City Council Resolution No. 1619(attached). A condition of that vacation was that the then owners, Scott C. and Debra McLain, grant to the City a Utilities and Access Easement(Doc. #4888323) over the northerly 15' of the vacated road, for future use by the City. This easement was granted by the McLain's with the full knowledge that the existing garage encroaches into the easement. They were advised that the City would accept this encroachment for the current garage structure, and that because the garage was in disrepair, if at some future date it was rebuilt, it would have to be relocated out of the easement(See Jeanne Mabusth letter to Richard Schieffer, April 4, 1984). No permits have since been issued by the City for repair or replacement of said garage, hence we assume its status and condition have not changed. The City may at some future date have a need to make use of the full 15-foot easement for the specified purposes, hence the City is not readily inclined to vacate or reduce its width at this time. And,given the location of this easement in relation to the adjacent properties to the north and west, relocation of the easement elsewhere on the property does not appear to be in the City's best interest. In regard to'what happens next',I would urge all parties to accept the current situation as-is. In order to vacate the easement, the Council would have to find that it serves no public purpose. It is my opinion that this finding could not be made. Telephone (612) 473-7357 • FAX 473-0510