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RESOLUTION No. 08-043 <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br />RESOLUTION MAKING FINDINGS OF FACT AND APPROVING THE VACATION OF A 20 FOOT <br />EASEMENT. <br />WHEREAS, an application has been made by the City of New Brighton, in cooperation witN Norm <br />Wells and Manfred Niedernhoefer, for the vacation of an existing 20' utility easement to ted at <br />52 and 55 Mounds Avenue NW. <br />WHEREAS, the procedural history of the application is as follows: <br />1. Public hearing notices for the vacation were published in the New Brighton Bul tin on <br />April 9, 2008. <br />2. Public hearing notification was distributed to all property owners within 350' of the <br />subject property. <br />3. The City Council considered the Vacation request on April 22, 2008. <br />WHEREAS, the City Council makes the following Findings of Fact with respect to EV2008-ppi: <br />1. The eastern approximately 165' of Mounds Avenue was vacated previo y per <br />Document #2837905. <br />2. The proposed easement to be vacated was dedicated on September 27, 19;4 <br />and <br />documented per Ramsey County Records as Document # 2837905. <br />3. The proposed easement to be vacated is legally described as follows: <br />The South 20 feet of the North 30 feet of Mounds Avenue, as dedicated in tht <br />plat of <br />MOUNDS CENTER, which lies Westerly of the Westerly right-of-way <br />line of <br />Interstate Highway No. 35 and which lies Easterly of a line drawn perpendicul <br />to the <br />North line of said Mounds Avenue, from the Southwest corner of Lot 14, E <br />ck 4, <br />MOUNDS CENTER, according to the duly recorded plat. <br />4. With the proposed addition, approved per Resolutions 07-042 and 07-081, the <br />ement <br />to be vacated no longer serves a public purpose. <br />5. The existing watermain will be turned over to Cheetah Precision, property own <br />of 52 <br />and 55 Mounds Avenue, and be considered a private utility. <br />6. As part of the approvals, per Resolution 07-042 and 07-081, the applicant must piKvide <br />a <br />legal agreement, holding the City and other parties harmless, in the event thder- <br />building drainage system fails for any reason. <br />Now THEREFORE BE IT RESOLVED, that based upon the above findings of fact the applica4on for <br />an easement vacation (EV2008-001) is hereby approved. <br />1:\COUNCIUREPORTS\2008\Community Developments-22-2008\Easernent Vacation (City &. Cheetah Precision) - <br />t <br />