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- 1 RESOLUTION NO. 90-gS A STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION CONFIRMING VACATION OF A ROAD EASEMENT FOR DRIVEWAY PURPOSES ON OPUS CORPORATION PROPERTY. WHEREAS, On July 24, 1979, the City Council of the City of New Brighton held a public hearing to consider vacating a public road easement over the East 33 feet of the South 345.84 feet of the Southeast Quarter of the Southwest Quarter of Section 20, Township 30, Range 23, lying North of the right of way line of 10th Street NW, and adopted Resolution No. 2230 approving the vacation of a Road Easement, upon the conditions that the fee owners of the i: subject property provide a private driveway easement for their mutual benefit and a private utility easement for Northern States Power Company (NSP) for access to underground services; and WHEREAS, in 1989, the City of New Brighton (City) agreed to sell and transfer title to the subject property and such other adjoining property to Opus Corporation (Opus); but Opus objected to the conditions of Resolution No. 2230 on the grounds that such private driveway easement is no longer required by such fee owners, and that NSP already has an easement over the East 10 feet of the above described property; and WHEREAS, in consideration of the purchase by Opus of the subject property and such other adjoining property, the City has agreed to remove the condition of vacation set forth in Resolution No. 2230 based upon the determination by the City that such private driveway easement is no longer required because all of the subject property is now owned by Opus and has direct access to public roads, and that NSP has an existing utility easement for access to underground services as evidenced by Document No. 2475293. 'i , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Brighton that such private driveway easement and such private utility easement to be located on the subject property as required by Resolution No. 2230, which was filed on July 25, 1979 in the office of the Ramsey County Recorder as Document No. 2048991 are no longer necessary and that such conditions of Resolution No. 2230 are hereby removed. Adopted this 13th day of November, 1990. ~~. , ., ATTEST: t&.~J;. m, Ch~ David M. Childs, City Manager -Margaret 9an, ': Finance Director/City Clerk ;! !' (SEAL)