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92-024 RES . . . RESOLUTION 92 - ~ RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING PART OF INDUSTRIAL ROAD WHEREAS, a majority of the property right-of-way have requested petition dated 3/24/92 to according to law; and, owners abutting the the City Council in a vacate such easement WHEREAS, a public hearing was held on 4/20/92 before the City Council at the Elk River Public Library on such petition after due published and posted notice had been given, as well as personal notice to affected property owners by the clerk on 4/9/92 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 right-of-way described as follows is hereby vacated: See Attached Exhibit "A" Adopted by the Elk River City Council this 20th day of April, 1992. ~"'P~Le--? /:1 ames A. Tralle, ATTEST: /--~)1 --c-~, // (;;;f!;.A_;J_ / _)l\~-L~ Patrick D.' Klaers, City Administrator ~.. _.......:... --< ,....,;...:;:..,...,. ..-.-..;.... .....:. " '.,- ... EXHIBIT "A" ----- --- JOHN OLIVER & ASSOCIATES, INC. _Land Surveying ubdivision Design Site Planning 922 Main Street, Elk River, Minnesota 55330 (612)441-2072 ,i ~ PART OF INDUSTRIAL ROAD TO BE VACATED: That part of Industrial Road so-called, situated in the City of Elk River, Sherburne County, Minnesota, and being a part of Lot 8 of AUDITOR'S SUBDIVISION NO.3, said Sherburne County, as described in Instrument No. 98442, files of the Sherburne County Recorder, as follows: A perpetual easement for street and roadway purposes, including the right to construct and maintain sewer, water and natural gas mains and utility poles, over, across and upon: That part of Lot Eight (8), AUDITOR'S SUBDIVISION No. Three (3), Village of Elk River, lying southerly of a line commencing ata point on the West line of said Lot Eight (8), 360 feet distant north of the iron pipe at the Southwest corner of said Lot Eight (8); thence running easterly and parallel with the South line of said Lot Eight (8) to the Southwesterly railroad right of way line as presently laid out and established and there terminating; and lying northerly of a line running parallel with the afore described line and Sixty (60) feet distant southerly thereof, and commencing at a point on the West line of said Lot Eight (8) 300 feet distant north of the iron pipe at the Southwest corner of said Lot Eight (8) and running easterly to the Southwesterly line of said railroad and there terminating. Also a strip of land Sixty (60) feet in width lying adjacent to the said Southwesterly railroad right of way line and parallel therewith, bounded on the Southwesterly side by a line commencing at a point 300 feet north of the South line of said Lot Eight (8) and Sixty (60) feet distant southwest of the said Southwesterly railroad right of way line; thence running southeasterly and parallel with the said Southwesterly railroad right of way line to the Northerly extension of the West line of Quinn Avenue and there terminating; and lying southerly of a line running parallel with and 300 feet distant north of the South line of said Lot Eight (8), and lying west of the Northerly extension of the East line of said Quinn Avenue as presently located and established. Also that part of Lot Eight (8) not heretofore described lying between the Northerly extensions of the East and West lines of said Quinn Avenue. EXCEPTING FROM THE ABOVE all that part thereof lying within that perpetual easement for street and utility purposes described in Instrument No. 133189, files of said Sherburne County Recorder, over, under, and across the following described property to-wit: A strip of land 20.0 feet wide lying parallel with, adjacent to, and westerly and southwesterly of the following described line: . . Beginning at a point on the South line of said Lot 8, AUDITOR'S SUBDIVISION NO.3 distant 891.8 feet east of the Southwest corner thereof; thence northerly parallel with the West line of said Lot 8 to the Northeasterly line of said Lot 8; thence northwesterly along said Northeasterly line to a line parallel with and 240 feet east of the West line of said Lot 8, and there terminating. SC OS: /ERCP2 I hereby certify that this description was prepared by me or under my direct supervision, is correct to the best of my knowledge and belief, and that I am a duly licensed Land Surveyor under the 1a~s of the State of Minnesota.. Modification in any way of the foregoing description terminates the liability of the Surveyor. JOHN OLIVER & ASSOCIATES, INC. ~~~~ By: John O. Oliver, Land Surveyor Minnesota Lie. No. 8194 Date: March 24, 1992 . .