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95-966Return copy to: Real Estate Division 140 City Hall r,�o,ea s Refeaed To � o�� 2 3 4 5 b 7 8 10 il 12 13 14 15 16 17 18 19 20 21 WHEREAS, with CF # 94-1158, on August 10, 1994, the Council approved vacation file 4-1994 of a portion of Mackubin Street beiween Atwater 5treet and Como Avenue; and WHEREAS, as specified in paragraph 5. of the said CF # 94-1158, because it would involve relinquishing responsibility for the storm sewer in the vacated area, the vacation was to be condngent upon the petitioner, North Atlantic Technologies, Inc., entering into an agreement with the owners of adjoining lots for the mutual use and maintenance of the said storm sewer in the vacated street; and WHEREAS, after nearly a year, the petitioner has been unable to reach a workable agreement with the said owners of adjacent properties; and WHEREAS, in the opinion of the City Attorney's office, since the said owners of adjacent p:operties did not enjoy access to a public sewer prior to the vacation, this action would not be detrimental to them, and they would have no cause for action against the City as a result of this vacation; THEREFORE BE IT RESOLVED, that paragraph S be deleted from the said Council File # 94-1158 and the petitioner, North Atlantic Technologies, Inc., be released from the requirement to enter into an agreement with adjacent propezry owners for the mutual use and maintenance of the storm sewer in the vacated street. Requested by DepartmenC of: Finance & Management Services r; By: � ' 1 (' Director Form Approved by City Attorney Adopted by Council: Date C� °�S Adoptio Certified by Council Secr ary Sy: Approved by ay : ate � �� B '� �� � RESOLUTlON CITY OF SA�NT PAUL, M{NNESOTA By: .-� �Llivvz.��. `/—�(- r� Approved by Mayor for Submission to Council � ��- ��� conncii File # 9 S`�G G Green Sheet # 3��