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RESOLUTION NO. 89~ STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING THE VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT (LOCATED AT 2850 - 12TH STREET NW). WHEREAS, the procedural history of the petition is as follows: 1. Mr. Nick Schwartz, property owner, and Mr. Duane Enns, building contractor, requested the vacation of the subject utility easement on January 4, 1989; 2. The City Council, pursuant to published and mailed notices held a public hearing on January 24, 1989, all persons present at the hearing were given an opportunity to be heard; 3. The written comments and analysis of City Staff were considered. NOW THEREFORE BE IT RESOLVED, that the New Brighton City Council makes the following Findings of Fact in respect to the proposed vacation: 1. The subject drainage easement is located on property at 2850 - 12th : Street NW which is owned by Mr. Nick Schwartz. (Legal-attachment A)I ! I I I I I 2. The home located at 2850 - 12th Street NW was constructed two tenths of an inch onto an existing drainage easement which is situated along the west property line of the subject lot. 3. The proposed vacation of the easterly three tenths of an inch of the drainage easement would eliminate the one inch encroachment but not reduce the easement's car~ying capacity or diminish its effectiveness. 4. The Rice Creek Watershed District has determined the proposed drainage easement vacation would not require Rice Creek Watershed District review or approval. I iI BE IT FURTHER RESOLVED, the requested drainage easement vacation is hereby . approved. Adopted this 24th day of January, 1989. 4r-~--- ATTEST: Roger wtll:lamS'.:.. ActirigMayor ~~q~.. .- Margaret\ Egan, . Finance Director/City Clerk 01 / ! .. ... (t~.~<LU-z/L<~ S. Orduho. Actg Ci ty Manager (SEAL) ~- '1 I ! . i I I ! I