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2015-068 Making Findings of Fact and Vacating a Portion of Second Street South CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2015-068 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING THE VACATION OF A PORTION OF SECOND STREET SOUTH WHEREAS, an application for vacation VAC15-2 has been made by Doran 810, LLC; WHEREAS, the procedural history of the application is as follows: 1. That an application for a vacation of Second Street South was made by Doran 810, LLC., on August 28, 2015; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published notice, held a public hearing on the application and reviewed such application on September 29, 2015: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered; and 4. Legal description of the street to be vacated is as follows: That part of 2nd Street South as dedicated on the plat of WEST MINNEAPOLIS, according to the recorded plat thereof, Hennepin County, Minnesota, lying between the southerly extension of the east line of Block 13, said WEST MINNEAPOLIS, being common with the west right of way line of 8th Avenue, and the southerly extension of the west line of said Block 13, being common with the east right of way line of 9th Avenue. Said line extensions to be prolonged to terminate at the southerly right of way line of 2nd Street South, being common with the north right of way line of H.C.S.A.H. No. 3. NOW, THEREFORE, BE IT RESOLVED that the application for vacation VAC15-2 is hereby approved based on the following Findings of Fact: 1. That the above-described street is not needed for a public purpose. BE IT FURTHER RESOLVED that application for vacation VAC 15-2 is hereby approved based on the following conditions that must be met to the satisfaction of the City prior to the vacation being effective: 1. Preliminary/final plat that includes the property is approved by the City Council and conditions for release of the final plat have been satisfied to the satisfaction of the City. 2. Site plan is approved by the City for the approximately 245-apartment building at 810 First Street South. 3. That 810 First Street South is rezoned from Industri.l to Mixed Use. 4. An agreement or plan shall be submitted, subject to the review and approval of the City Engineer, for the relocation of the Ce s terPoint Energy utilities, which relocation shall be completed by either C;nterPoint Energy or the Applicant. 5. Applicant shall provide information regarding the -xistence of any utilities owned by Xcel Energy in Second Street South, s bject to the review and approval of the City Engineer. In the event any utilities owned by Xcel Energy exist in Second Street South, an agreement or plan shall be submitted, subject to the review and approval of the City Engi eer, for the relocation of the Xcel Energy utilities, which relocation shall be ompleted by either Xcel Energy or the Applicant. Adopted this 6th day of October 2015. A Eugene J. M;xwel , Mayor ATTEST: LeA Amy Domeier, City Clerk