Title
Approving the release of utility easements in Block 26, Rice & Irvine's Addition, near West Seventh Street and Chestnut Street.
Body
WHEREAS, on November 5, 2014 the City Council adopted RES PH 14-308 to vacate an alley in Block 26, Rice & Irvine's Addition, near West Seventh Street and Chestnut Street, as described in Exhibit A attached hereto, and to release various utility easements within said alley; and
WHEREAS, the vacation petitioner, Opus Development Company, LLC ("Opus"), which is also developing the property surrounding and including said vacated alley, is now requesting the release of the remaining utility easements; and
WHEREAS, said vacation resolution retained easement rights on behalf of Northern States Power, d/b/a Xcel Energy (Electric), CenturyLink and Comcast for existing facilities in the vacation area; and
WHEREAS, subsequent to the vacation said facilities were relocated from within the vacated area, and each utility company has released its easement rights, as provided in Exhibit B attached hereto; now, therefore be it
RESOLVED, that with the Certificates of Intended Non-Use, filed voluntarily on behalf of Northern States Power d/b/a Xcel Energy (Electric), CenturyLink and Comcast, the City, on behalf of said utilities, hereby waives all rights to the above-described drainage and utility easements; and be it further
RESOLVED, that upon passage of this resolution and the City's receipt of a $300.00 administrative processing fee from Opus, the proper city officials are hereby authorized and directed to record a copy of said resolution in the office of the Ramsey County Recorder and/or Registrar of Titles, and that the Office of Financial Services Real Estate Section shall maintain on file a copy of the Certificates of Intended Non-Use referenced in this resolution.