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04-051 RESRESOLUTION 04- 51 RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING STREET, DRAINAGE AND UTILITY EASEMENTS Case No. EV 04-03 WHEREAS, the property owner abutting the drainage and utility easements has requested the City Councilinapetition May 20, 2004 to vacate such easements according to law; and, WHEREAS, a public hearing was held on June 21, 2004, 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 June 3, 2004 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 petition. NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and The drainage and utility easements described as follows is hereby vacated: Exhibit A Adopted by the Elk River City Council this 21st day of June, 2004. ATTEST: chmidt, City Clerk 04-51 EXHIBIT A TO RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS That part of the 5.00 foot drainage and utility easement along the east line of Lot 1, Block 1, as dedicated in Hillside Crossing Two, according to the plat on file and of record m the office of the County Recorder, Sherburne County, Minnesota described as commencing at the Northeast corner of said Lot 1; thence on an assumed bearing of South 02 degrees 03 minutes 08 seconds West along the east line of said Lot 1 a distance of 24.00 feet to the point of beginning; thence continuing South 02 degrees 03 minutes 08 seconds West along said east line 602.00 feet, thence North 88 degrees 07 minutes 36 seconds West 5.00 feet; thence North 02 degrees 03 minutes 08 seconds East 602.00 feet; thence South 88 degrees 07 minutes 36 seconds East 5.00 feet to the point of beginning. AND That part of the 20.00 foot drainage and utility easement across Lot 1, Block 1, as dedicated in Hillside Crossing Two, according to the plat on file and of record in the office of the County Recorder, Sherburne County, Minnesota described as follows: Commencing at the northeast corner of said Lot 1; thence on an assumed beating of North 88 degrees 07 minutes 36 seconds West along the north line of said Lot 1 a distance of 50.00 feet; thence South 02 degrees 03 minutes 08 seconds West 320.00 feet; thence South 87 degrees 56 minutes 52 seconds East 21.00 feet to the point of beginning; thence South 02 degrees 03 minutes 08 seconds West 10.00 feet; thence South 87 degrees 56 minutes 52 seconds East 29.00 feet to the east line of said Lot 1, thence North 02 degrees 03 seconds 08 minutes East along said east line 2Q.00 feet; thence North 87 degrees 56 minutes 52 seconds West 29.00 feet; thence South 02 degrees 03 minutes 08 seconds West 10.00 feet to the point of beginning. 04-51