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WAIN <br />City Council <br />Yr' R' Zli�oe <br />W;e Nile -11, <br />A Resolution of the City Council of the City of Elk River Granting a Petition to <br />Vacate a Public Street <br />WHEREAS, a petition has been made bv, the adjacent property owners to vacate the public street <br />described in Exhibit 21 attached hereto,- and, <br />WHEREAS, a public hearing on said petition was held oil Januarys 4, 2016, before the (.'JtVr <br />Council of the City of 1;1k Rii,cr after published and posted notice bad been given, <br />and all persons interested were given an opportunity to be heard at the pub.lic <br />hearing. <br />NOW, THEREFORE, BE IT RESOLVED by the (:try, Council of the ("try of Elk luver, <br />Minnesota, as follows: <br />1. ']"he petition to vacate the public street described in 1,,,xh1b1t ,�N is hereby granted based Upon <br />the following Findings of Fact: <br />A. Minnesota Statutes, Section 412.851, allows for the vacation of a public street if It <br />appears in the interest of the public to do so. <br />13, The Council finds that it is in the interest of the public to vacate the portion of 'York <br />Street described in Exhibit Yk because N,,acation of this public street w11 <br />(1) Eliminate possible lawsuits due to hazardous structures at the shoreline, and injuties <br />and drownings due to lack of proper city sLipenvision. <br />(2) F"lin-.Linate snowniobiles entering and exiting Lake Orono. <br />(3) Eliminate the shoreline being used in an improper, lewd and unlawful Mallner. <br />(4) "'I'liminate parking can the city easement. <br />(5) prevent increased traffic and parking on Main Street. <br />(6) F ' lirniriate city maintenance and clean up oil the easement. <br />(7) Increase the real estate taxes can the property due to the fact a city road casement is <br />not taxed, but a vacated street is taxed to the adjoining property owners. <br />(8) Finalize city and property owner's rights so that there will not continue the <br />tremendous urne expended by the staff and the City Council for the hearings on this <br />vacation matter, <br />2. Vacation of the public street described in Exhibit A shall be effective at the time of <br />recording of the document. <br />[P 0 1 E a 11 0 X V I <br />NATURE <br />