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95-063 RES e e e RESOLUTION 95 - .h.L RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS (Case No. EV 95-9) WHEREAS, a majority of the property owners abutting the street, drainage, and utility easement have requested the City Council in a petition dated August 15, 1995, to vacate such easement according to law; and, WHEREAS, a public hearing was held on September 18, 1995, 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 August 31, 1995, 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 in the attached Exhibit A is hereby vacated with the following conditions stated below: See attached Exhibit A Adopted by the Elk River City Council this 18th day of September, 1995. s:document:resolution:ev95-0 1 EXHIBIT A e DESCRIPTION FOR PART OF DRAINAGE EASEMENT TO BE VACATED: To vacate part. of that drainage easement across Lot 7. Block 3. of the duly recorded plat of M-VALE. Sherburne County. Minnesota. lying northwesterly of a line to be hereafter known as "Line A. for the purposes of this description: Said Line A being described as beginning at a point on the East line of said Lot 7 a distance of 15.00 feet south. as measured along said East line. of the Northeast corner of said Lot 7. also being the most Southerly corner of Lot 8. said Block 3; thence southwesterly to terminate said Line A at a point on the Southwesterly line of said Lot 7 a distance of 280.00 feet. as measured along said Southwesterly line. of the most Southerly corner of said Lot 7. Said part of the above described easement to be vacated is described as 10llows: Beginning at a point on the Northeasterly line of said Lot 7 at the point of intersection thereof with a line 45.00 feet. as measured at right angles. northwesterly 01 and parallel with the above described Line A; thence southwesterly along said parallel line for a distance of 188.00 feet; thence northeasterly to a point on said Northeasterly line of Lot 7 a distance of 140.00 feet, as measured along said Northeasterly line, of said point of beginning; thence southeasterly along said Northeasterly line for 140.00 _ feet to said Point Of Beginning. .., EXCEPTING from said easement to be hereby vacated the Northeasterly 5.00 feet. as measure at right angles. thereof to be retained as a drainage and utility easement. e