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<br />.. <br /> <br />11 <br />J ~ <br /> <br />" <br /> <br />.. <br /> <br />RESOLUTION No. 96 - 061 <br /> <br />STATE OF MINNESOTA <br />COUNTY or RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT AND ApPROVING TIlE VACATION OF A PORTION OF AN EXISTING DRAINAGE <br />EASEMENT AND CREATING A NEW DRAINAGE EASEMENT (LOCATED AT 3230 BENT TREE HILLS DRIVE). <br /> <br />WHEREAS, the procedural history ofthe request is as follows: <br /> <br />1. David and Laurie Wulf, property owners, petitioned the vacation of the drainage easement and the creation of a <br />new drainage easement on March 18, 1996. <br /> <br />2. The City Council pursuant to published and mailed notices, held a public hearing on August 27, 1996, and all <br />persons present at the hearing were given an opportunity to be heard. <br /> <br />3. The written comments and analysis of City staff were considered. <br /> <br />NOW THEREFORE BE IT RESOL YED, the New Brighton City Council makes the following Findings of Fact in <br />respect to the proposed vacation and dedication: <br /> <br />I. The subject drainage casement to be vacated is located on property at 3230 Bent Tree Hills Drive. <br /> <br />2. An error was made on the original grading plan which located a ponding area on high ground on the subject lot. <br /> <br />3. The subject lot has sinee been regraded and the water retention issue has been resolved. <br /> <br />4. The portion of the drainage easement to be vacated no longer serves a public purpose and is located on high <br />ground which would not be used for drainage, flowage, or ponding purposes. <br /> <br />5. The new drainage easement is being created would better reflect the existing drainage patterns on the subject <br />lot. <br /> <br />6. The proposed vacation and subsequent new drainage easement would not diminish the effectiveness or capacity <br />of the site to drain properly or interfere with any future public improvements. <br /> <br />BE IT FURTHER RESOLVED, the following described drainage easement is hereby vacated: <br /> <br />That part of Lot 9, Block 1, Innsbruck Park Estates, Ramsey County, MN, lying northwesterly of the following <br />described line: <br /> <br />Commencing at the NW corner of said Lot 9, thence on an assumed bearing of south 00 degrees, 35 minutes, <br />35 seconds, West along the West line thereof a distance of 96.92 feet to a point of beginning o[the line to be <br />described; thence north 56 degrees, 47 minutes, 05 seconds, East a distance of 176.86 feet to the NW corner of <br />said Lot 9 and said line there terminating. <br /> <br />Adopted this 27th day of August, 1996. <br /> <br />~ ~ <br />, <br /> <br />tirdS~~ <br /> <br />Charlotte Samuelson, Acting Mayor <br /> <br />~ ! <br /> <br />,I <br />" <br /> <br />ATTEST: <br /> <br /> <br /> <br />(Seal) <br />