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2000-049 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 2000-49 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A VACATION OF SIXTH AVENUE SOUTH WHEREAS, an application for Vacation VAC00-1 has been made by SuperValu; WHEREAS, the procedural history of the application is as follows: 1. That an applicatiOn for a vacation of Sixth Avenue was made by SuperValu on March 31, 2000; 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 April 25, 2000; May 30, 2000; and July 25, 2000: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered; and 4. A legal description of the property to be vacated is as follows: That part of the West Half of Sixth Avenue South, lying northerly of the Easterly extension of the Northerly right-of-way of 5th Street South as dedicated in the recorded plat of WEST MINNEAPOLIS, Hennepin County, Minnesota, and lying Southerly of the Northeasterly extension of the Northwesterly line of Lot 7, AUDITOR'S SUBDIVISION NO. 195. NOW, THEREFORE, BE IT RESOLVED that the application for Vacation VAC00-1 is hereby approved based on the following Findings of Fact: 1. That the above described part of Sixth Avenue is not needed for a public purpose. BE IT FURTHER RESOLVED that application for Vacation VAC00-1 is hereby approved subject to the following conditions: 1. That the vacation be granted subject to public private utility easements retained over the full width of right-of-way in vacated Sixth Avenue South and Raikoad Boulevard. 2. That conditional use permit No. CUP00-2 is granted and the applicant satisfies all conditions and requirements for such conditional use permit. 3. That the Applicant satisfies all conditions anct requirements for and obtains final approval of the plat of the subject property per application No. SUBD00-1. 4. Applicant obtains the proposed height variance and satisfies all conditions and requirements for such variance per application No. VN00-2. 5. That all the utility company's conditions are met, if any. Adopted this 2nd day of August 2000. Eu e~ne .,,I,"~axwell, Mayor ferry Obe~r~aier, City ~lerk