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Councilmember Wagner introduced the roLlowing resolution and <br />moved its adoption: <br />Resolution 20 - 40 <br />A Resolution of the City of Elk River Vacating and Conveying Right -of -Way <br />to William and Geraldine Graham <br />WHEREAS, a petition has been submitted by the adjacent property owner to vacate that <br />portion of the Twin Lakes Road and 175th Avenue NW right-of-way <br />described in Exhibit A, attached hereto; and <br />WHEREAS, vacation of the right-of-way described is appropriate to establish consistency <br />in the right-of-way along Twin Lakes Road and 175th Avenue NW and to <br />accommodate future development of the adjacent property consistent with <br />the City of Elk River Comprehensive Plan; and <br />WHEREAS, the petitioner has requested a quit claim deed to convey any remaining city <br />interest in the vacated right-of-way to the adjacent property owners; and <br />WHEREAS, the City Council has determined that vacation and transfer of that portion of <br />the Twin Lakes Road and 175`h Avenue NW right-of-way described in <br />Exhibit A has no impact on, or relationship to the Comprehensive Plan; and <br />WHEREAS, a public hearing was held on June 15, 2020, before the City Council of the <br />City of Elk River on the petition after published and posted notice had been <br />given, and all persons interested were given an opportunity to be heard at the <br />public hearing. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk <br />River, Minnesota, by at least four -fifths vote, as follows: <br />1. The city's interest in that portion of the Twin Lakes Road and 175th Avenue NW <br />right-of-way described in Exhibit A is hereby vacated. <br />2. The Mayor and City Clerk are authorized to execute a quit claim deed conveying any <br />remaining interest of the city in the area vacated to the adjoining landowners, <br />William and Geraldine Graham. <br />The motion for adoption of the foregoing resolution was duly seconded by Councilmember <br />Westgaard , and upon vote being taken thereon, the following voted in favor thereof: <br />Mayor Dietz, Councilmembers Christianson, West aard, Ova and Wagner <br />and the following against: none , whereupon said <br />resolution was declared duly passed and adopted. <br />