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02-012 RESRESOLUTION 02 - ].2 RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING EASEMENTS Case No. EV 02-01 WHEREAS, the Municipal Utilities has requested that the City Council vacate a portion of 4th Street as dedicated according to law; and, WHEREAS, a portion of said vacated Fourth Street shall retain a drainage and utility easement as described on Exhibit A; and, WHEREAS, a public hearing was held on February 19, 2002, before the City Council at the Elk River City Hall on such petition after due published and posted notice had been given as well as personal notice to affected property owners on February 5, 2002, and all persons interested were given an opportunity to be heard; and, WHEREAS, it appears that it will be in the best interest of the City to approve such request. NOW, THEREFORE, BE IT RESOLVED that such request is hereby granted and the dedication described as follows is hereby vacated: See attached Exhibit A Adopted by the Elk River City Council this 19th day of February, 2002. ATTEST: ~;ar~dra Peine, City Clerk ing, M~ ~ S:\PLANNINGXCase Files\EV 02-01 4th St\RESOLUTION 02.doc EXHIBIT A LEGAL DESCRIPTION OF PORTION OF FOURTH STREET HEREBY VACATED: That part of Fourth Street, formerly Depot Street, as dedicated in the plat of Auditor's Addition to the Village of Elk River, according to said plat on file and of record in the office of the County Recorder, Sherburne County Minnesota, which lies Southeasterly of the Southwesterly extension of the Northwesterly line of Lot 1, Block 2, said Auditor's Addition to the Village of Elk River and which lies Northwesterly of the Southwesterly extension of the Northwesterly line of Lot 5, said Block 2. LEGAL DESCRIPTION OF DRAINAGE AND UTILITY EASEMENTS TO BE RETAINED BY THE CITY OF ELK RIVER, OVER THAT PORTION FOURTH STREET HEREBY VACATED: That part of Fourth Street, formerly Depot Street, as dedicated in the plat of Auditor's Addition to the Village of Elk River, according to said plat on file and of record in the office of the County Recorder, Sherburne County, Minnesota, which lies Southeasterly of the Southwesterly extension of the Northwesterly line of Lot 1, Block 2, said Auditor's Addition to the Village of Elk River and which lies Northwesterly of the Southwesterly extension of the Northwesterly line of Lot 5, said Block 2, and which lies Northeasterly of a line drawn parallel with and distant 38.00 feet Southwesterly of the Southwesterly line and its Southeasterly extension of said Lot 1. AND ALSO: That part of said Fourth Street, formerly Depot Street, which lies Northwesterly of a line drawn parallel with and distant 10.00 feet Southeasterly of said Southwesterly extension of the Northwesterly line of Lot 1. -~- '~ LI~,'' // ~ :l/,B": ~- 1~ ~ ~'*x ~, ~l " , 'X ,'~ : ~ ~h-."~o~:~; ' ~'~" ~-.: ~ ~ ~:'~ ,~ ,; ~:~ :~: ~,, ',~,-~ ~., ,, ',,, , ~ ~ :.~'O~L'~ : ,','/,:: ~_.: ~ v ~ ~_. ~:_ ~ .'~-~:' 1~> / ...~... ...... :. ~ . ~::: ..... ~ ,' ~ , ~ ..' .,. , ..' ~, : ....- ,.~;~-'.),.( ~ '~/ /~ ., ~ -" )< ~ ', '~?,' . , - · ........ ' .... .,'" .' .~t ....... % ) / ~ " ~ / ~ ~ ../., .. ~ .' .... / ~ ~ ;' ."/," .: ~ .' ......... ." ( · / // ~., ~ ,' :./,,//~,, / ,' ; , -' :, /~""~ ..- ...... ,--'/' ,'" , / /' %% ',,' / ./: / ,.~ ~,' ..... / / ,. ~,/ ~ ., .~ ~. ..... ~ ~ , . , ~ . .. .. i .... "~> / .~./ ,' ~ 7 .:~: ~ .~ , ,. · . /. , . , .. ~ ~ :' . ~: ~., . ~ ~, . , . -.. .. , / '..-.-" ~1 / ,,'~ ~-~ / / " ..... ,'~. / ,' ~ ', ..................... .- "-..,/ ~ .,-t' '---'/ /-.. / '... t · ~_ ~ I I I' "/ / ~ ~ ~. · : ~:~..' .' / ' .'~' ',, '. ' "/ / ". '. "., ' "' ' "V::'"'-':: '"'"'""v'x '': ' ,.,. ",. " ~ ~k " · ~ ' .~.........'"'." / i .... ~x ..... ~:x-., ///,,,~ ., ... '-.. / / ;~ ~ .... : ~ . ~ ... ~ ~ : ....... . . / / · ... ,x ............ /.. ~ u~ .. , ~, , ~ .... , ,, . / , , .. : ~O ~ : ' ' -~ ',, '. / /, '~, '~. I I . ~'" : ' .. '~ ', / / '~ t. ', / ~ q' :-. ' .,' ",~ '~. I '~ ~ '. I ~, ', .. iI ~ I ', ., ,. .,.~ ~. i1"... ..... ..-'"'.... '"', / / ~ '- I.. -. . / ".. '--.... / / / -~ ~ ~ '~. / .... . ...... / LEGEND  % - DENOTES IRON MONUMENT FOUND 0 - DENOTES IRON MONUMENT SET - DENOTES AREA TO BE RETAINED AS D~:~m~r ~9, ~00~ ~:~:~ p,m. 0 20 DRAINAGE AND UTILITY EASEMENT B16400d~dw~16400~SE,DWG STREET VACATION EXHIBIT i CONSULTING ENGI~ERS