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12 <br /> <br />WHEREAS, after vacation of the Right -of-Way, the Settlement Agreement also <br />contemplates that SNL will seek a boundary line adjustment across plat boundaries to unify the <br />property underlying the Right-of-Way with 13008 Island View Drive, so that the septic system <br />will be in the parcel boundaries of 13008 Island View Drive; and <br /> <br />WHEREAS, there are no known utilities in the right-of-way; and <br /> <br />WHEREAS, pursuant to Minn. Stat. § 412.851, after two (2) weeks’ published and posted <br />noticed of a public hearing and after mailing written notice of a public hearing at least ten (10) <br />days before the hearing to each property owner affected by the proposed vacation, the Elk River <br />City Council has conducted a hearing to consider the vacation of a right -of-way legally described <br />and shown on the attached Exhibit 1 (Right-of-Way); and <br /> <br />WHEREAS, a public hearing was held on July 15, 2019, before the City Council of the <br />City of Elk River after published and posted notice had been given, and all persons interested were <br />given an opportunity to be heard at the public hearing; and <br /> <br />NOW, THEREFORE, the City Council of the City of Elk River, Minnesota makes the <br />following: <br /> <br />FINDINGS <br /> <br /> A. The vacation proposed is contemplated by the Settlement Agreement and is a <br />necessary step to settling the Lawsuit. <br /> <br /> B. The right-of-way has never been improved or open for use by the public for travel, <br />and there are no known public utilities. <br /> <br /> C. The City has an interest in ensuring that the septic system at 13008 Island View <br />Drive is properly contained within the boundaries of the parcel as expanded . The vacation is, <br />therefore, a necessary condition precedent to the boundary line adjustment being sought by SNL. <br /> <br /> D. The Closing of the purchase of the Property at 13008 is contingent upon the City’s <br />approval of a boundary line adjustment and the vacation contemplated herein. <br /> <br /> E. The proposed vacation will allow the City to retain the right-of-way south of the <br />vacated portion as shown on Exhibit 1 and, therefore, the City will be able to expand the Park <br />directly adjacent to the right-of-way. <br /> <br />F. For the foregoing reasons, it is in the public interest to vacate the Right -of-Way as <br />shown on the attached Exhibit 1. <br /> <br />G. The proposed vacation shall not affect existing easements for utilities , if any, <br />therein. <br /> <br />