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Res 1998-44 RESOLUTION NO. 44 - 1998 A RESOLUTION APPROVING A VACATION, SAV #97-02, GENERALLY LOCATED AT 8200 UNIVERSITY AVENUE NE AND REPEALING RESOLUTIONS NO.5-1998, AND NO. 12-1998 WHEREAS, the Planning Commission held a public hearing on the vacation, SAV #97-02, on December 17, 1997 and recommended approval to vacate the utility and drainage easements created by the plat of Caba Realty First Addition, Anoka County, Minnesota, over the parcel described as follows: The south 5.00 feet of Lot 2, Block 2, Caba Realty First Addition, Anoka County, except the west 5.00 feet of said Lot 2. WHEREAS, the City Council at their January 5, 1998 meeting passed Resolution No. 5-1998 approving the vacation request; and WHEREAS, Resolution No. 5-1998 has not been recorded; and WHEREAS, Resolution No. 5-1998 required two stipulations; and WHEREAS, Stipulation #1 required recording of an easement, and WHEREAS, Stipulation #2 described in general the area to be vacated; and WHEREAS, the easement required in stipulation #1 has been recorded; and WHEREAS, Stipulation #2 may conflict with the legal description contained in this resolution; and WHEREAS, the petitioner has satisfied all requirements of Vacation request, SAV #97-02; and WHEREAS, Resolution No. 5-1998 is no longer valid; and WHEREAS, Resolution No. 12-1998 was meant to repeal Resolution No. 5; and WHEREAS, The City Council Approved Resolution No. 12-1998 with the intent of repealing Resolution No. 5; and WHEREAS, The County required modification to Resolution No. 12- 1998, prior to their acceptance for filing; and WHEREAS, the ,vacation request has been made in conformance with Minnesota Statutes and pursuant to Section 12, 07 of the City Charter and Chapter 205 of the Fridley City Code. NOW, THEREFORE, BE IT RESOLVED, THAT THE City Council of the City of Fridley hereby repeals Resolution No. 5-1998, repeals Resolution No. 12- 1998, approves vacation, SAV #97-02, without stipulations, and authorizes the City Clerk to amend Appendix C of the City Code. 00399 Page 2 -- Resolution No. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22nd DAY OF JUNE, 1998. 61a-_��,, // CY J GE �7 i ∎ MAYOR ATTEST: ((LI IJAWAavw, a _ r)evre WILLIAM A. CHAMPA - C TY CLERK