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RZ07-01 CITY OF HOPKINS � Hennepin County, Minnesota RESOLUTION NO: RZ07-1 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING FOR APPROVAL THE VACATION OF STREET, UTILITY, AND RIGHT TO ENTER EASEMENTS WHEREAS, an application for Vacation VAC07-1 has been made by Opus Northwest LLC; WHEREAS, the procedural history of the application is as follows: 1. That an application for a vacation of the alley was made by Opus Northwest LLC on January 4, 2007; 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 January 30, 2007: 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 descriptions of the alley and street to be vacated are as follows: Parcel 33, CITY OF HOPKINS RIGHT OF WAY PLAT NO. 1, as recorded in the office of the Register of Deeds in and for Hennepin County, Minnesota. Lots 11, 12, and 13 and the Easterly 16 feet of Lots 14 and 15, Block 4, WEST MINNEAPOLIS CENTER, according to the plat on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. Rights of City of Hopkins over Parcel 33 as shown in CITY OF HOPKINS RIGHT OF WAY PLAT 1 (Hennepin County State Aid Highway No. 3) Excelsior Blvd. Filed April 10, 2003, as Document No. 80009767, pursuant to Resolution No 2003-14 filed April 10, 2003, as Document No 8009766, Hennepin County, Minnesota. NOW, THEREFORE, BE IT RESOLVED that the application for vacation VAC07-1 is hereby recommended for approval based on the following Findings of Fact: 1. That the above-described street, utility and right to enter easements are not needed for a public purpose. BE IT FURTHER RESOLVED that application for vacation VAC07-1 is hereby ,� recommended for approval based on the following conditions: 1. That if the Qwest buried cables abutting Jackson Avenue need to be re- routed the developer is responsible for the cost to re-route. 2. That the Xcel Energy's utility easement rights in favor of Northern State Power Company, a Minnesota corporation d/b/a Excel Energy be retained over, under and across the west 10 feet of that part of the alley in Block 4, WEST MINNEAPOLIS CENTER, Hennepin County, Minnesota lying South of the westerly extension of the north line of Lot 11 in said Block 1 and North of First Street North. Adopted this 30th day of January 2007. Peter Sholtz, Chair