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40 <br />41 WHEREAS, at least four-fifths of all members of the City Council concur in this resolution. <br />42 <br />43 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />44 ROSEVILLE, MINNESOTA: <br />45 <br />46 1. That the City of Roseville hereby vacates the portions of the ROW and Utility Easements <br />47 legally described on Exhibit B. <br />48 <br />49 2. The vacation applies only to such portions of the ROW and Utility Easements and not to: (a) <br />50 the rights of existing utilities, if any, and (b) any other easements running to or benefiting <br />51 the City of Roseville, if any. <br />52 <br />53 3. Contingent upon the establishment of new easements on the Property, dedicated to the City <br />54 of Roseville on the final plat of The Enclave at McCarrons Lake, and also contingent upon <br />55 relocation of utilities into the new easements, the City Manager is directed to execute and <br />56 record a Notice of Completion of this vacation proceeding pursuant to Minnesota Statutes § <br />57 412.851. The vacation authorized by this Resolution shall not be effective until the Notice of <br />58 Completion is filedin the office of the Ramsey County Recorder. <br />59 <br />60 The motion was duly seconded by Councilmember and upon vote being taken thereon, the <br />61 following voted in favor thereof: ; and and thefollowing voted against: <br />62 <br />63 WHEREUPON said resolution was declared duly passed and adopted. <br />2 <br /> <br />