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RESOLUTION NO 85-70 ....; ~ .,. .11 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING THE VACATION OF A PORTION OF CLEVELAND AVENUE ~JHEREAS. the procedural history of the application is as follows: 1. That James Senden submitted a petition. as one hundred percent of the :; property owners involved. to vacate a portion of Cleveland Avenue. 2. That the City Council. pursuant to published notice. held a public hearing on July 23. 1985 on the vacation, all persons present at the hearing were given an opportunity to be heard. 3. The written comments of the City staff were considered. WHEREAS, the request is to vacate a port of Cleveland Avenue described as:I' That part of Cleveland Avenue, as located and recorded in Book 826 of Deeds. Page 613, office of the County Recorder in and for Ramsey County, I Minnesota lying south of the north line of the Southeast * of the I Southeast i of Section 29, Township 30, Range 23, Ramsey County. Minnesota and lying north of a line described as commencing at the southeast corner: of said Section 29. thence on an assumed bearing of North along the east i line of said Section 29 a distance of 881.47 feet; thence North 88 degrees 15 minutes West 942.44 feet; thence northwesterly on the north right-of-way of said Celveland Avenue, on a curve to the right radius 33357 feet a distance of 134.66 feet; thence North and parallel to the east line of Section 29 a distance of 170.00 to the point of beginning of the line to be described; thence North 88 degrees 15 minutes West to the west line of said Southeast! of Southeast! subject to utility easement over the westerly 15 feet. Except any part of the above described property lying west of the east right-of-way line of 5th Avenue Northwest. WHEREAS, upon vacation of the above described public right-of-way, public interest in the property will accrue to: That part of the Southeast! of the Southeast! of Section 29, Township 30, Range 23 described as follows: Beginning at a point where the East line of 5th Avenue intersects the North line of the Southeast * of the Southeast i of said Section 29; thence South on the East line of 5th Avenue 90.2 feet. thence East parallel to the North line of said * Section 19.5 feet; thence Southerly on the Northeasterly line of Cleveland Avenue a distance of 142.6 feet; thence Easterly 560.7 feet to a point 224.1 feet South of the North line of said! section; thence North parallel to the East line of said i section a distance of 224.1 feet thence West along the North line of the Southeast! of the Southeast * of said Section 29 a distance of 610.7 feet to the place of beginning. NOW THEREFORE BE IT RESOLVED, that the New Brighton City Council hereby finds that it is in the public interest to vacate the above described public right-of-way and makes the following Findings of Fact: 1. That the portion of Cleveland Avenue to be vacated is unimproved and does not serve a public purpose. 2. That there appears to be no need for the right-af-way in terms of future street improvements. i BE IT FURTHER RESOLVED, that a part of Cleveland Avenue ~escribed above i~ hereby vacated subject to the retention of an utility easement over the : westerly 15 feet of the vacated right-of-way. Adopted this 23rd day of July. 1985. frTTEST: - a A. ~t8~~ Greg Harcus. Mayor /- '-"~ a. City ~1anager i City Clerk ;! (SEAL) ./'