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Item 1. - EV 16-11 <br />To: City of Elk River <br />From: Marinus Van Putten, Attorney for Applicant <br />Date: May 13, 2016 <br />Re: Narrative regarding Vacation of Easements <br />We represent PIPE PORTFOLIO OWNER (MULTI) LP, a Delaware limited partnership, <br />Pipe") purchaser of the Cretex plant in Elk River ("plant"). A portion of the plant was subject <br />to street easements which we are asking the City of Elk River to vacate. Pipe and its <br />predecessors in title had cut off the road easements described below as the easements ended at <br />the plant's property and the only one using the easement was the plant. As a result, plant fenced <br />of its property and the easements more than 20 years ago. The fencing has not affected the <br />public as the public did not use the access into the plant. <br />In 1992, according the minutes of the Elk River City Council, a vacation of the easements was <br />approved but the follow up of obtaining and recording the resolution vacating was never <br />recorded. The plant has now been sold to Pipe and they are now asking the City to vacate that <br />part of Meadowvale Road (previously vacated by Sherburne County), <br />8t' Street and Industrial <br />Boulevard described as follows. <br />Parcel 1. <br />That part of Meadowvale Road, also known as Military Road, as shown on the plat of <br />AUDITOR'S SUBDIVISION NO. 3, which adjoins Lots 11, 12, 13, 14, and 15 of said <br />AUDITOR'S SUBDIVISION NO. 3 and which lies East of the extension North of the East line <br />of Upland Ave. NW, also known as County Highway No. 44. <br />Parcel 2: <br />That part of Industrial Boulevard which lies West of the extension North of the West line of <br />Quinn Avenue, located over, under and across part of AUDITOR'S SUBDIVISION NO. 3. <br />Parcel 3: <br />That part of 8t' Street which lies West of the Quinn Avenue, located over, under and across part <br />of AUDITOR'S SUBDIVISION NO. 3. <br />Parcels 2 and 3 have improvements that encroach. Parcel 1 was a County Road that was vacated <br />in 1969 by the Sherburne County pursuant to Commissioner's Minutes No. 14. No record of the <br />creation of the road could be found in the office of the Sherburne County Recorder.