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RESOLUTION AMENDING THE TERMS OF RESOLUTION NO. 25-0438 AND AUTHORIZING A RIGHT-OF-WAY MAINTENANCE AGREEMENT WITH REED M. BLAZEVIC AND MISTICA D. BLAZEVIC.
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CITY PROPOSAL:
WHEREAS, Resolution No. 25-0438 vacated sections of platted 125th Avenue West (Second Street per plat), Second Avenue and Third Avenue in the plat of EAST FOND DU LAC (the "Vacation"); and
WHEREAS, the Vacation is: (i) subject to the retention of a utility easement over Second Avenue and (ii) contingent upon the granting of a replacement street easement over parts of Lots 9 and 10, Block 10, EAST FOND DU LAC (the "Replacement Easement"); and
WHEREAS, the Replacement Easement contingency was requested to accommodate plow trucks and emergency vehicles and provide a mechanism for such vehicles to turn around (the "Turnaround") within and near 125th Avenue West (Second Street per plat) (the "Second Street Right-of-Way"); and
WHEREAS, when the Vacation was approved, the city did not know whether the Turnaround could exist within the boundaries of the Second Street Right-of-Way or if the Replacement Easement was actually needed; and
WHEREAS, the applicant of the Vacation (the "Applicant") commenced a survey of its property and, based on the survey, the city has determined that the Turnaround can exist within the Second Street Right-of-Way and the Replacement Easement is not needed; and
WHEREAS, the Applicant is utilizing part of the undeveloped portions of the Second Street Right-of-Way as a private driveway (the "Private Driveway"); and
WHEREAS, Applicant is willing to allow the city to use the Private Driveway as the Turnaround; and
WHEREAS, the city and Applicant have agreed upon the terms and conditions relating to the co-use and occupation of the Second Street Right-of-Way and Private Driveway as shown in the Right-of-Way Maintenance Agreement attached as Exhibit 1.
NOW, THEREFORE, BE IT RESOLVED, that the proper city o...
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