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to and thereof, a regular of Council of Roseville, County of Ramsey, Minnesota, was held on the 23rd day of August 2004, at 6:30 p,m, The following members were present: Ihlan, Schroeder, Maschka, Kough, Klausing and the following were absent: None Council Member Maschka introduced the following resolution and moved its adoption: RESOLUTION NO. 10239 A RESOLUTION APPROVING THE VACATION OF A PORTION OF THE WAGNER STREET ROADWAY EASEMENT ADJACENT TO 386 WAGNER STREET (PF3592). WHEREAS, Judith leTendre has requested a portion of the roadway easement adjacent her property be vacated; and WHEREAS, Ms. leTendre's property is located at 386 Wagner Street and legally described as: REQUIRES CORRECT LEGAL DESCRIPTION PID # 13-29-23-34-0008 WHEREAS, the Public Works Department has determined that the requested portion of Wagner Street is a roadway easement that is no longer necessary for public infrastructure; and WHEREAS, the Roseville Planning Commission held a public hearing regarding the Roadway Easement Vacation request by Judith leTendre and voted (6-0) to recommend approval of vacating a 30 foot by 153 foot portion thereof, based on the findings of Section 5 and the condition of Section 6 of the project repot dated August 4, 2004; NOW THEREFORE BE IT RESOLVED, by the Roseville City Council, to grant the V ACA TION of a 30 FOOT by 153 FOOT portion of the WAGNER STREET ROADWAY EASEMENT adjacent to 386 Wagner Street to Mr. Judith leTendre based on the findings in Section 5 of the project report dated August 23, 2004, and subject to the following conditions: a, The applicant must submit the legal description of the area to be vacated and the proper legal document on which to record the vacation at Ramsey County, both to be reviewed and approved by the Director of Public Works, The motion for the adoption of the foregoing resolution was duly seconded by Council Member Schroeder, and upon vote being taken thereon, the following voted in favor: Ihlan, Schroeder, Maschka, Kough, Klausing and the following voted against: None WHEREUPON said resolution was declared duly passed and adopted, 1