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Resolution NO:RZ92-11 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: RZ92 -11 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF AN APPLICATION FOR A VACATION WHEREAS, an application for a vacation entitled VAC 92 -1 made by Hopkins Commerce Center is recommended for approval. WHEREAS, the procedural history of the application is as follows: 1. That an application for a vacation VAC 92 -1 was filed with the City of Hopkins on April 28, 1992. 2. That the Hopkins Planning Commission reviewed such application on May 26, 1992. 3. That the Hopkins Planning Commission, pursuant to published and mailed notice, held a public hearing on May 26, 1992: all persons present at the hearing were given an opportunity to be heard. 4. That the written comments and analysis of the City Staff and the Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that application for VAC 92 -1 is hereby recommended for approval based on the following Findings of III/0 Fact: 1. That Pierce Avenue is not needed for public right -of -way purposes. BE IT FURTHER RESOLVED, that application for VAC 92 -1 is hereby recommended for approval based on the following Conditions: 1. That the utilities in Pierce are private and will remain private. 2. That a 30 foot wide fire lane is provided and signed on the vacated right -of -way which is mutually agreed upon by the adjacent property owners. 3. That an easement is prepared and recorded by the applicant to grant non exclusive use as a roadway and access purposes to abutting owners and tenants including their employees, invitees, and customers. This easement or separate document shall address maintenance responsibilities for this access. 4. That the easements /agreements be provided to the City prior to the City Council's approval of the second reading of the Vacation Ordinance. Adopt this 26 day of May, 1992. Richa arelka, Chairman