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RES 06-044 . . . RESOLUTION 06 - ~ RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING A PERPETUAL BANK PROTECTION MAINTENANCE EASEMENT Case No. EV 06-02 WHEREAS, the City of Elk River has requested the City Council in a petition dated March 31, 2006 to vacate such easements according to law; and, WHEREAS, a public hearing was held on April 17, 2006, 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 April 6, 2006 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 perpetual bank protection maintenance easement described as follows is hereby vacated: Exhibit A Adopted by the Elk River City Council this 17th day of April, 2006. ArrEST: ~~ ~ , o&:r ((1 . . . EXHIBIT A Beginning at the center of the manhole in the main trunk line of the sanitary sewer running southeasterly along the bank of the Mississippi, which manhole is located South 11 degrees west (assumed bearing) on a line parallel with and 34 feet west of the east line of Lot 4, Block 4, in the Village (now City) of Elk River; thence south 11 degrees west a distance of 120 feet; thence angle left 82 degrees along the bed of the Mississippi River for a distance of 470 feet; thence angle left 72 degrees a distance of 125 feet, more or less, to the southerly right-of-way line of the east bound lane of u.S. Highway No. 10-52; thence northwesterly along said east bound lane to an intersection with the southerly line of Main Street in the Village of Elk River; thence west along said southerly line of Main Street to an intersection with a line parallel with the centerline of the bridge and 20 feet east thereof; thence southerly parallel with and 20 feet east of said centerline of bridge to an intersection with a line run at right angles to the east line of said Lot 4, Block 4, through a point that is 30 feet north, 31 degrees east of the center of said manhole; thence south 79 degrees west along the line last intersected to a point on the line run north 11 degrees east through the center of said manhole; thence south 11 degrees west to the center of said manhole and there terminating.