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19-089 deniedCITY OF SHOREWOOD RESOLUTION 19 -089 A RESOLUTION APPROVING THE VACATION OF A PORTION OF MAPLE AVENUE WHEREAS, The City of Shorewood has proposed the vacation of a portion of Maple Avenue between Church Road and Strawberry Lane; and, WHEREAS, the City of Shorewood initiated the vacation process on August 26, 2019 by adopting Resolution 19 -083, "A Resolution Initiating the Vacation Process for Maple Avenue "; and, WHEREAS, notice of public hearing on the proposed vacation of the right -of -way for Maple Avenue in the City of Shorewood, Hennepin County, Minnesota, was published in the Excelsior /Shorewood edition of the SUN SAILOR NEWSPAPER on the 5th and 12th days of September, 2019 and within the LAKESHORE WEEKLY NEWSPAPER on the 7th and 14th days of September, 2019; and, WHEREAS, said notice of public hearing was sent to all affected property owners and posted on the city's website and at the Shorewood City Hall; WHEREAS, the Applicants are required to record an easement to dedicate the standard 10 -foot drainage and utility easement around the west, south and east sides of Lot 9, auditor's subdivision; and, WHEREAS, the City of Shorewood City Council heard all interested parties on the question of vacation at a public hearing on the 23rd day of September, 2019, in the Council Chambers at the City Hall. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota hereby vacates the right -of -way and reserves a perpetual drainage and utility easement in favor of the City of Shorewood over the entirety of the portion of vacated Maple Avenue, legally described as: That part of Maple Avenue as shown on the plat of Minnewashta, as is on file and of record in the office of the County Recorder, Hennepin County, Minnesota, which lies easterly of a line drawn parallel with and distant 20.00 feet east of the northerly extension of the west line of Lot 34, said Minnewashta, and westerly of the southerly extension of the easterly line of Lot 3, Block 1, John Pastuck Addition, as is on file and of record in the office of the County Recorder, Hennepin County, Minnesota. FURTHER, that the City of Shorewood hereby reserves a perpetual drainage and utility easement in favor of the City of Shorewood over the entirety of the vacated Maple Avenue. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Clerk is directed to release this resolution for recording at Hennepin County in accordance with Minnesota Statutes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of September, 2019. DENIED Scott Zerby, Mayor ATTEST: DENIED Sandie Thone, City Clerk • Motion to NOT vacate or to deny the vacation of Maple Avenue and direct staff to explore the vacation upon the sale of the home; Mayor Zerby; Second, Councilmember Sundberg; Vote: 3 -1, Johnson voting Nay. Motion Passed to Deny Resolution 19 -089 Maple Avenue Vacation Action taken on September 23, 2019