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<br />.' <br /> <br />'J .~ <br /> <br />RESOLUTION NO. 89-11L- <br /> <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT AND APPROVING THE <br />VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT <br />(LOCATED AT 1569 - 27TH AVENUE NW). <br /> <br />WHEREAS, the procedural history of the petition is as follows: <br /> <br />1. Duane Lien, property owner, petitioned the vacation of a portion <br />of the subject drainage and utility easement on January 16, <br />1989. <br /> <br />2. The City Council. pursuant to published and mailed notices, <br />held a public hearing on February 14, 1989, and all persons <br />present at the hearing were given an opportunity to be heard. <br /> <br />3. The written comments and analysis of City Staff were <br />considered. <br /> <br />NOW THEREFORE BE IT RESOLVED, the New Brighton City Council <br />makes the following Findings of Fact in respect to the proposed vacation: <br /> <br />1. The subject drainage and utility easement is located on property <br />at 1571 - 27th Avenue NW which is owned by Duane Lien. <br /> <br />2. The petitioner wishes to construct a single family home on the <br />subject lot. <br /> <br />3. The storm water retention pond located on the subject lot is not <br />entirely contained within the boundaries of the existing drainage <br />and utility easement. <br /> <br />4. The proposed realignment of the drainage and utility easement <br />would, a) more accurately represent and more effectively protect <br />the drainage patterns of the subject site and surrounding area, <br />and b) allow the petitioner to construct a single family home on <br />the subject lot without encroaching into the drainage easement <br />area. <br /> <br />5. The proposed vacation and subsequent construction of a single <br />family home on the subject lot would not diminish the <br />effectiveness or retention capacity of the storm water retention <br />pond located on the subject lot, or interfere with any future <br />public improvements within the drainage and utility easement <br />area. <br /> <br />BE IT FURTHER RESOLVED, the following described drainage and <br />, utility easement is hereby vacated: <br /> <br />All that part of the utility, drainage, pondage and flowage easement <br />on Lot 8, Block 1, Oakwood Ponds, according to the County, <br />Minnesota, lying southerly of a line 65.00 feet north of and parallel <br />with the south line of said Lot 8. <br /> <br />: Adopted this 14th day of February, 1989. <br /> <br />R~ <br /> <br />ATTEST: <br /> <br />:~ <br />[' <br /> <br />i, Margare gan, <br />j; Finance Director/City <br /> <br />\,,,"'^ (l ); ""r' li', <br />, ,.1. (" "1' <br />Samantha Orduno,' <br /> <br />Acting City Manager <br /> <br />f I", (. .,') I.,' ~( <br /> <br />Clerk <br /> <br />(SEAL) <br />