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RES 05-007 . . . RESOLUTION OS - J!L RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENT Case No. EV 05-0 I WHEREAS, the property owner abutting the street, drainage, and utility easement has requested the City Council in a petition dated, December 14, 2004, to vacate such easement according to law; and, WHEREAS, a public hearing was held on January 18,2005 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 January 6, 2005 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 easement described as follows is hereby vacated: Exhibit A Adopted by the Elk River City Council this 18th day of January, 2005. ~~ ArrEST: /V~ S:\PLANNING\Case Files\2005\EV 05-01 Benson\RESOLUTION.doc . . . EXHIBIT A That part of the Existing Drainage and Utility Easement on Lot 2, Block 1, per Record Plat of Hillside Estates Eighth Addition, City of Elk River, Sherburne County, Minnesota described as follows: Commencing at the Northeasterly most comer of said Lot 2; thence South 12 degrees 00 minutes 22 seconds East along the easterly line of said Lot 2 a distance of 36.75 feet to a point on the easterly extension of the said existing easement; thence South 49 degrees 47 minutes 39 seconds West, along said easterly extension, a distance of 5.67 feet to the point of beginning of the portion to be vacated; thence coiltinuing along said easement line on a bearing of South 49 degrees 47 minutes 39 seconds West a distance of 115.21 feet; thence North 60 degrees 16 minutes 35 seconds West a distance of 10.65 feet; thence North 49 degrees 47 minutes 39 seconds East parallel to the said existing easement line a distance of 124.22 feet; thence South 12 degrees 00 minutes 22 seconds East a distance of 11.34 feet to the point of beginning.