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11 <br /> <br />City Council <br />City of Elk River <br /> <br />Resolution 19-____ <br /> <br />A Resolution of the City Council of the City of Elk River to Vacate a Portion of the Right - <br />of-Way Platted as Western Avenue <br /> <br />WHEREAS, the Council, on its own motion, proposes to vacate a portion of the right -of- <br />way platted and publicly dedicated as Western Avenue on the Plat for Westwood Subdivision <br />(“Westwood Plat”) which was originally approved by the Sherburne County Board of <br />Commissioners on February 4, 1953; and <br /> <br />WHEREAS, the western border of Westwood Subdivision is demarcated on the <br />Westwood Plat by Western Avenue, a dedicated public right -of-way by language, which states, in <br />relevant part, “hereby dedicate to the public and for the public use forever all avenues, streets, <br />park, and Outlot A.” (“Western Avenue”); and <br /> <br />WHEREAS, SNL Island View Properties, LLC owns a single-family home at 13002 <br />Island View Drive, Elk River, Minnesota. The house and lot are located on the southern half of <br />Lot 6 and Lots 7 -10, Block 5 of Westwood Subdivision; and <br /> <br />WHEREAS, Westwood Subdivision is bordered to the west by Island V iew Subdivision; <br />and <br />WHEREAS, the plat for Island View Subdivision (“Island View Plat”) was approved by <br />the Sherburne County Board of Commissioners on July 12, 1961; and <br />WHEREAS, Western Avenue has been the subject of a lawsuit, John & Elaine Dryer v. <br />City of Elk River, & SNL Island View Properties, LLC, Case File No. 71-CV-18-705 (“Lawsuit”); <br /> <br />WHEREAS, the Lawsuit concerned, in part, the encroachment onto Western Avenue of a <br />septic system utilized by the adjacent pro perty owned by John and Elaine Dryer (“Dryers”), 13008 <br />Island View Drive, legally described as: Lot 14, Block 1, Island View Subdivision; and <br /> <br />WHEREAS, the parties to the Lawsuit executed a Contingent Settlement Agreement, <br />dated July 1, 2019 (“Settlement Agreement”); and <br /> <br />WHEREAS, pursuant to the Settlement Agreement, SNL Island View Properties, LLC <br />(“SNL”) agreed to purchase 13008 Island View Drive; and <br /> <br />WHEREAS, the Closing of the purchase has not yet occurred, and the Purchase <br />Agreement between SNL and the Dryers contemplates approval of this Resolution ; and <br /> <br />WHEREAS, the Settlement Agreement contemplated the vacation of the Right-of-Way, <br />defined below, as part of a global resolution of the Lawsuit; and <br /> <br />