94-054 RES
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RESOLUTION 94 - 2..4....
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING STREET, DRAINAGE, AND UTILITY
EASEMENTS
WHEREAS, a majority of the property owners abutting the street, drainage, and utility
easement have requested the City Council in a petition dated February 15,
1994, to vacate such easement according to law; and,
WHEREAS, a public hearing was held on March 21, 1994, 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
March 11, 1994, 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 street, drainage, and utility easement described as follows is hereby
vacated with the conditions stated below:
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That part of vacated 6th Street (formerly Lewis Street): lying west of the Southerly extension of the East line of lot
3, Block 8, of the duly recorded plat of W.H. HOULTON'S ADDITION to the Village (now City) of Elk River,
Sherburne County, Minnesota; and lying east of the Southerly extension of the East line of the West 7 feet of said
Block 8. EXCEPTING therefrom all that part thereof lying southwesterly of a line described as Beginning at a point
on said Southerly extension of the East line of the West 7 feet of Block 8 a distance of 50 feet north of the point of
intersection thereof with the South line of said 6th Street; thence southeasterly to a point on said South line of 6th
Street a distance of 50 feet east of said point of intersection, and there terminating.
1. THE APPLICANT IDENTIFY ALL EXISTING PUBLIC UTILITIES WITHIN
THE STREET RIGHT-OF-WAY AND GRANT TO THE CITY A DRAINAGE
AND UTILITY EASEMENT OF ADEQUATE SIZE AS DETERMINED BY THE
CITY ENGINEER.
2. ALL BITUMINOUS AREAS NOT UTILIZED FOR THE ACCESS DRIVE TO
THE CONVENIENCE STORE BE REMOVED AND REPLACED WITH BLACK
DIRT AND SOD AND BE MAINTAINED AS PART OF THE CONVENIENCE
STORE'S LANDSCAPED AREA.
Adopted by the Elk River City Council this ..&.. ~y of ~ 99:. i
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ATTEST: '
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Sandra Thackeray, City Clerk
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easement doc