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<br />~ <br /> <br />'. <br /> <br />5. The resolution actually adopted by the City Council and filed with the County <br />vacated all of the alley in Block 6. That is, it did not limit the vacation to that part <br />of the alley lying north of Old Highway 8. Even in the resolution vacating the <br />alley, however, it is evident that the Council intended to vacate that part of the <br />alley lying north of Old Highway 8 because the resolution makes reference to the <br />fact that there are four adjacent property owners and that all adjacent property <br />owners have requested the vacation. This would not be true if the vacation <br />requested were for all of the alley in Block 6. Additionally, the resolution states <br />that the alley is not improved or maintained and serves no public purpose. The <br />alley in the south portion of Block 6 is improved and does serve a public purpose. <br /> <br />6. In the opinion of the City Attorney, the vacation of that part of the alley south of <br />Old Highway 8 is void. Before a City has the legal authority to vacate an <br />easement, the law requires a public hearing. A public hearing is not effective <br />unless there is a prior public notice. In this case, the notice which was published <br />clearly excluded that part of the alley lying south of Old Highway 8. <br /> <br />BE IT FURTHER RESOLVED, the legal description in Resolution Number 88-59 is hereby <br />amended and the following described alley is vacated: <br /> <br />The entire length and width of the alley abutting Lots 1 through 6 and 24 through <br />30, Block 6, First Addition to New Brighton and lying north of Old Highway 8, <br />subject to the retention of a utility easement over the entire length and width of <br />the vacated alley. <br /> <br />BE IT FURTHER RESOLVED, that the vacation by Resolution 88-59 of that part of the <br />alley in Block 6, First Addition to New Brighton lying south of Old Highway 8 is rescinded <br />and repealed and declared to be void and that the alley in Block 6, First Addition to New <br />Brighton, lying south of Old Highway 8 is hereby reinstated. <br /> <br />Adopted this 8th day of February, 1994. <br /> <br />--'\' ~'."'._' ..,..', ....,':-. - <br />. '" \ \ \\'7'1l..~""'{ >,/-- <br />M~fgaret~..9.I'T,c~ _-..c <br />Finance DirectoT/CitY~-Clerk <br /> <br />'7:~ <br />Robert Benke, ayor <br /> <br /> <br />~~~ <br />Mat hew S. Fulton, City Manager <br /> <br />- _ (SEAL) <br /> <br />Page 2 of 2 <br />