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<br />c~ ." <br /> <br />RESOLUTION NO. 94 -0 17 <br /> <br />ST ATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION AMENDING THE LEGAL DESCRIPTION OF RESOLUTION NUMBER 88-59 AND <br />RESCINDING IN PART THE VACATION DESCRIBED THEREIN. <br /> <br />WHEREAS, the City Council has been petitioned to vacate the northern portion of the <br />alley in Block 6, First Addition to New Brighton, lying north of Old Highway 8, and <br /> <br />WHEREAS, the procedural history of the vacation proceedings is as follows: <br /> <br />1 . The four adjacent property owners requested the vacation of the above described <br />alley by their petition of May 27, 1988. <br /> <br />2. The City Council, pursuant to published notice, held a public hearing on June 14, <br />1988, to consider the vacation. All persons present at the hearing were given an <br />opportunity to be heard. <br /> <br />3. The City Council adopted Resolution Number 88-59 on June 14, 1988. <br /> <br />4. The City Council has been advised that Resolution 88-59 contained an erroneous <br />legal description which included that part of the alley in Block 6, New Brighton <br />First Addition lying south of Old Highway 8. <br /> <br />NOW THEREFORE BE IT RESOLVED, by the New Brighton City Council following <br />Findings of Fact are made in respect to said vacation: <br /> <br />1 . Block 6, First Addition to New Brighton is bisected by Old Highway 8 as it turns to <br />the west from 5th Avenue NW, with a portion of the block lying north of Old <br />Highway 8 and a larger portion of the block lying south of Old Highway 8. <br /> <br />2. The portion of Block 6 lying north of Old Highway 8 is bounded by 7th Street NW <br />to the north, 5th Avenue NW to the east, and 6th Avenue NW to the west. <br /> <br />3. In May of 1988, the residents living on the north portion of Block 6 petitioned to <br />have the alley easement vacated on the north portion only. <br /> <br />4. In June of 1988, the City Council held a public hearing on the subject vacation. <br />The public hearing notice made it clear that the vacation applied to that part of the <br />alley in Block 6 lying north of Old Highway 8. The public hearing notice stated in <br />its title that the public hearing was "ON A PETITION TO VACATE THE ALLEY <br />EASEMENT BETWEEN OLD HIGHWAY 8 AND 7TH STREET NW." In the text of <br />the notice, the location of the vacation was described as "Abutting lots 1-6 and 24 <br />through 30, Block 6, First Addition to New Brighton." The staff report that was <br />prepared to explain the proposed vacation to the City Council described that part <br />of the alley to be vacated as being bounded by "Old Highway 8 to the south." <br /> <br />Page 1 of 2 <br />