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V RESOLUTION NO. 08-054 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON MAKING FINDINGS OF FACT AND APPROVAL OF A PARTIAL RIGHT-OF-WAY LS, an application has been made by Miller Architects on behalf of Inter -Plant Sales for a right-of-way Vacation of undeveloped 3'd Avenue SE, that portion of which is located imately 10' north of the existing cul-de-sac. s, the procedural history of the application is as follows: Public hearing notices for the right-of-way vacation were published in the New Brighton Bulletin on May 7, 2008. Public hearing notification was distributed to all property owners within 350' of the subject property. The Planning Commission, pursuant to published and mailed notices, held on a public hearing on May 20, 2008. The Planning Commission recommended approval to the City Council for the partial right-of-way Vacation on May 20, 2008. The City Council reviewed and approved the request on May 27, 2008. s, the Planning Commission and Council make the following Findings of Fact with to the Vacation (VA2008-002): The portion of 3'a Avenue SE proposed for Vacation is legally described as follows: That part of Third Avenue Southeast in VERMONT PARK, according to the recorded plat thereof, Ramsey County, Minnesota, lying northerly of the following described line: Commencing at the southwest corner of Lot 26, Block 1, VERMONT PARK; thence North 00 degrees 22 minutes 26 seconds West (assumed bearing) along the west line of Block 1, said VERMONT PARK, 100.21 feet to the point of beginning of the line to be described; thence South 89 degrees 37 minutes 34 seconds West 66.00 feet to the west line of Third Avenue Southeast, said line there terminating. The Vacation approval is considered partial in that the City will retain its right to keep and maintain existing water and storm sewer utilities. The portion proposed for Vacation will not serve any public roadway benefit. Now JOEREFORE BE IT RESOLVED, that based upon the above Findings of Fact the application fora artial right-of-way Vacation (VA2007-001) is hereby approved subject to the following 14 I Vacation to be consistent with attached Exhibit A. 24 1 The City will retain its right to keep and maintain utilities within the entire corridor of 3d I Avenue SE. EPORTS\2008\Community Development\5-27-2008\VN2008-002 (Miller Architects on behalf of Inter -Plant Sales) - n2.d« 1