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WHEREAS, the Closing of the purchase has not yet occurred, and the Purchase Agreement between SNL and the Dryers contemplates approval of this Resolution; and WHEREAS, the Settlement Agreement contemplated the vacation of the Right -of -Way, defined below, as part of a global resolution of the Lawsuit; and WHEREAS, after vacation of the Right -of -Way, the Settlement Agreement also contemplates that SNL will seek a boundary line adjustment across plat boundaries to unify the property underlying the Right -of -Way with 13008 Island View Drive, so that the septic system will be in the parcel boundaries of 13008 Island View Drive; and WHEREAS, there are no utilities in the right-of-way; and WHEREAS, pursuant to Minn. Stat. § 412.851, after two (2) weeks' published and posted noticed of a public hearing and after mailing written notice of a public hearing at least ten (10) days before the hearing to each property owner affected by the proposed vacation, the Elk River City Council has conducted a hearing to consider the vacation of that portion of a right-of-way labeled as "Proposed Street Vacation" and legally described on the attached Exhibit 1 ("Right -of -Way"); and WHEREAS, a public hearing was held on July 15, 2019, before the City Council of the City of Elk River after published and posted notice had been given, and all persons interested were given an opportunity to be heard at the public hearing; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, makes the following: FINDINGS A. The vacation proposed is contemplated by the Settlement Agreement and is a necessary step to settling the Lawsuit. B. The right-of-way has never been improved or open for use by the public for travel, and there no known public utilities. C. The City has an interest in ensuring that the septic system at 13008 Island View Drive is properly contained within the boundaries of the parcel as expanded. The vacation is, therefore, a necessary condition precedent to the boundary line adjustment being sought by SNL. D. The Closing of the Property at 13008 Island View Drive is contingent upon the City's approval of a boundary line adjustment and the vacation contemplated herein. E. The proposed vacation will allow the City to retain the right-of-way south of the vacated portion as shown on Exhibit 1 and, therefore, the City will be able to expand the Park directly adjacent to the right-of-way. F. For the foregoing reasons, it is in the public interest to vacate the Right -of - Way as shown on the attached Exhibit 1. G. The proposed vacation shall not affect existing easements for utilities therein. 1 0 i E 0 E 1 I r ISA TURA