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<br />e <br /> <br />RESOLUTION 94 - <br /> <br />RESOLUTION FOR THE CITY OF ELK RIVER <br />A RESOLUTION FOR VACATING STREET, DRAINAGE, AND UTILITY <br />EASEMENTS <br /> <br />WHEREAS, a majority of the property owners abutting the street, drainage, and utility <br />easement have requested the City Council in a petition dated February 15, <br />1994, to vacate such easement according to law; and, <br /> <br />WHEREAS, a public hearing was held on March 21, 1994, before the City Council at the <br />Elk River City Hall on such petition after due published and posted notice <br />had been given as well as personal notice to affected property owners on <br />March 11, 1994, and all persons interested were given an opportunity to be <br />heard; and, <br /> <br />WHEREAS, it appears that it will be in the best interest of the City to approve such petition. <br /> <br />NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and <br />the street, drainage, and utility easement described as follows is hereby <br />vacated with the conditions stated below: <br /> <br />e <br /> <br />That part of vacated 6th Street (formerly Lewis Street): lying west of the Southerly extension of the East line of lot <br />3, Block 8, of the duly recorded plat of W.H. HOULTON'S ADDITION to the Village (now City) of Elk River, <br />Sherburne County, Minnesota; and lying east of the Southerly extension of the East line of the West 7 feet of said <br />Block 8. EXCEPTING therefrom all that part thereof lying southwesterly of a line described as Beginning at a point <br />on said Southerly extension of the East line of the West 7 feet of Block 8 a distance of 50 feet north of the point of <br />intersection thereof with the South line of said 6th Street; thence southeasterly to a point on said South line of 6th <br />Street a distance of 50 feet east of said point of intersection, and there terminating. <br /> <br />1. THE APPLICANT IDENTIFY ALL EXISTING PUBLIC UTILITIES WITHIN <br />THE STREET RIGHT-OF-WAY AND GRANT TO THE CITY A DRAINAGE <br />AND UTILITY EASEMENT OF ADEQUATE SIZE AS DETERMINED BY THE <br />CITY ENGINEER. <br /> <br />2. ALL BITUMINOUS AREAS NOT UTILIZED FOR THE ACCESS DRIVE TO <br />THE CONVENIENCE STORE BE REMOVED AND REPLACED WITH BLACK <br />DIRT AND SOD AND BE MAINTAINED AS PART OF THE CONVENIENCE <br />STORE'S LANDSCAPED AREA. <br /> <br />Adopted by the Elk River City Council this _ day of <br /> <br />,1994. <br /> <br />Henry Duitsman, Mayor <br /> <br />ATTEST: <br /> <br />Sandra Thackeray, City Clerk <br /> <br />e <br /> <br />easement.doc <br />