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81-043 RES 1.674.42 dmit STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER RESOLUTION 81-43 A RESOLUTION OF CITY COUNCIL VACATING DRAINAGE AND UTILITY EASEMENTS In the Matter of the Vacation of drainage and utility easements lying ten (10) feet on each side of the line between Lot 5 and 6, Block 6 , of the duly recorded plat of Barrington Place, Sherburne County, Minnesota; except that part thereof lying Westerly of a line ten (10) feet Easterly of, as measured at right angles to , the Wester- ly line of said Lots 5 and 6 , and also excepting therefrom all that part thereof lying Easterly of a line ten (10) feet Westerly of, as measured at right angles to, the Easterly line of said Lots 5 and 6, 410 in the City of Elk River. The above entitled matter came on to be heard before the City Council of the City of Elk River, Sherburne County, Minnesota, upon the Petitioner of Gar-San Enterprises , Inc. and upon Motion of the City Council for the vacating of said easements , above described; and the City Council having given due notice of said hearing by pub- lished notice as provided by law and said hearing having been held on the 5th day of October, 1981 , at 8 o'clock p.m. at the Elk River Public Library in said City, and no one appearing in opposition there- to and the said Council after hearing the evidence presented it in favor of said Petition finds : That said vacation of drainage and util- ity easements would be in the best interest of the public ; Councilman Schuldt introduced the following resolution, to wit: That drainage and utility easements lying ten (10) feet on each side of the line between Lots 5 and 6 , Block 6 , Barrington Place , except that part thereof lying Westerly of a line ten (10) feet Easterly of, as measured at right angles to , the Westerly line of said Lots 5 and 6 , and also excepting therefrom all that part thereof lying Easterly of a line ten (10) feet Westerly of, as measured at right angles to, the Easterly line of said Lots 5 and 6 , in the City. of Elk River, be and the same hereby is vacated. Which resolution was seconded by Councilman Engstrom and 0 being put to a vote, was passed by a unanimous vote in favor of said resolution by all members of the City Council wereupon said resolution was declared adopted by the Mayor of said City. Dated at the City of Elk River , This 5th day of October, 1981. (24J-2114:4/6 Richard Hinkle Mayor Attest : l/iZ Clem Y STATE OF MINNESOTA COUNTY OF SHERBURNE Robert Middaugh being first duly sworn says that he is the duly appointed and acting City Clerk of the City of Elk River , Sherburne County, Minnesota, and as custodian of said resolutions and minutes of said City Council of said City, for the regular meeting held thereof on October 5 , 1981 . Robert C. Middaug a OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF SHERBURNE HEREBY CERTIFY THAT THE WITHIN INSTRU- MENT WAS FILED IN THIS OFFICE FOR RECORD ON a . -.29 45C 19// at- /o :4.0, AND WAS RECORDED1 1.. ,4ND43FFICE AS INSTRUMENT NO. " PAT RASMUSSON, COUNTY RECORDER 4 a.(L I,4,oe,,,,,,? DEPUTY 1 REC. BK led_ IND. leol0gxoF 9a.1