92-024 RES
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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:
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(;;;f!;.A_;J_ / _)l\~-L~
Patrick D.' Klaers, City Administrator
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EXHIBIT "A"
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JOHN OLIVER & ASSOCIATES, INC.
_Land Surveying
ubdivision Design
Site Planning
922 Main Street, Elk River, Minnesota 55330
(612)441-2072
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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:
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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.
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By: John O. Oliver, Land Surveyor
Minnesota Lie. No. 8194
Date: March 24, 1992
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