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HomeMy WebLinkAbout73-013 ~ . !~ I. .... ....'1 '- STATE OF MINNESOTA COUNTY OF RAMSEY VILLAGE OF ARDEN HILLS RESOLUTION NO. 73-13 RESOLUTION VACATING PORTIONS OF PRIOR AVENUE AND MOUNDS AVENUE IN THE VILLAGE OF ARDEN HILLS AND RELINQUISHING THE VILLAGE'S RIGHT, TITLE, AND INTEREST IN AND TO THE SANITARY SEWERS LOCATED THEREIN. WHEREAS, a Petition by James L. Adams, Patricia Adams, and Twin Parks, Inc., dated March 24, 1972, was duly presented to the Counci I of the V III age of Arden Hill sin accordance with the provisions of Section 412.851 of Minnesota Statutes Annotated, Initiating the procedure for vacation of portions of Prior Avenue and Mounds Avenue as hereinafter described, and WHEREAS, duly published and posted notice was thereupon given of a public hearing to be held thereon on April 24, 1972, at 8 o'clock p.m., at a regutar'Counci I meeting in the Vi Ilage Hall, 1450 West Highway 96, St. Paul, Minnesota 55112, which notice was given in accordance with the provisions of said Section 412.851, and WHEREAS, said public hearing was duly held and an oppor- tunity was afforded for statements for or against the granting of said Petition, and it now appearing to Council that the ob- Jections made at said hearing have been resolved to the satis- faction of the objectors, and WHEREAS, certain sanitary sewers of the Vi Ilage's sanitary sewer system are located within the portions of said streets proposed to be vacated, which sewers have been controlled, oper- ated, and maintained by the Village, and WHEREAS, Section 160.29, Subdivision 2 of Minnesota Statutes Annotated provides that In proceedings to vacate streets under a statute such as said Section 412.851, a Village may specify the extent to which the vacation affects Its authority to continue controlling, operating, and maintaining sewer lines located under the streets vacated pursuant to said proceedings, and WHEREAS, It Is preferable, desirable, in the Village inter- est, and has been recommended by the Vi I lage Engineer that the sanitary sewers located within the portions of said streets proposed to be vacated be turned over to the Petitioners to be- come a part of their sanitary sewer service connection to the Village sanitary sewer system, NOW, THEREFORE, upon motion duly made, seconded and unani- mously approved, a quorum of the Council being present, it Is hereby -1- .: .-.... ,... . .. . RESOLVED, that it appears in the interest of the public",to vacate the portions of the fol- lowing-described streets in the Village of Arden Hills, Ramsey County, Minnesota, to-wit~ (a) Prior Avenue between its intersection with the Westerly right-of-way line of State Trunk Highway No. 10, and the South line of the Northwest Quarter of the South- west Quarter of Section 16, Township 30, Range 23; and (b) All of Mounds Avenue lying within the Northwest Quarter of ~he Southwest Quarter of said Section 16, Township 30, Range 23, lying Easterly of Interstate Highway 3SW. BE IT FURTHER RESOLVED, that the Village's rights and authority to operate, maintain, ooritrol, and repair and its title and interest in and to the following described sanitary sewers located with- in the portions of the streets vacated hereunder be and they hereby are relinquished and released to the Petitioners and hereafter the Village shall have no responsibility for the operation, maintenance, control or repair of said sewers, which responsibil- ity Petitioners have agreed to undertake. Said san- itary sewers released and relinquished hereby are legally described as follows, to-wit: All of those sanitary sewers and appurtenances lying within the rights-of-way of Prior Avenue and Mounds Avenue in the Northwest Quarter of the Southwest Quarter of Section 16, Township 30, Range 23, lying Easterly of Interstate High- way 3SW. BE IT FURTHER RESOLVED, that the Clerk-Administrator be and he hereby is authorized and directed to cause a certified copy of this Resolution to be presented to the Ramsey County Auditor for notation in his transfer records and then to be filed for record in the office of the Ramsey County Register of Deeds. Adopted by the Council of the this ~day of February, 1973. of Arden Hills . Attest: ~~ Charlotte McNiesh, Acting Clerk-Administrator -2- /~-."-7