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City of Elk River City Council Resolution 19- z' A Resolution of the City Council of the City of Elk River to Vacate a Portion of the Right -of -Way Platted as Western Avenue WHEREAS, the Council, on its own motion, proposes to vacate a portion of the right- of-way platted and publicly dedicated as Western Avenue on the Plat for Westwood Subdivision ("Westwood Plat") which was originally approved by the Sherburne County Board of Commissioners on February 4, 1953; and WHEREAS, the western border of Westwood Subdivision is demarcated on the Westwood Plat by Western Avenue, a dedicated public right-of-way by language, which states, in relevant part, "hereby dedicate to the public and for the public use forever all avenues, streets, park, and Outlot A." ("Western Avenue"); and WHEREAS, SNL Island View Properties, LLC owns a single-family home at 13002 Island View Drive, Elk River, Minnesota. The house and lot are located on the southern half of Lot 6 and Lots 7-10, Block 5 of Westwood Subdivision; and WHEREAS, Westwood Subdivision is bordered to the west by Island View Subdivision; and WHEREAS, the plat for Island View Subdivision ("Island View Plat") was approved by the Sherburne County Board of Commissioners on July 12, 1961; and WHEREAS, Western Avenue has been the subject of a lawsuit, John & Elaine Dryer v. City of Elk River, & SNL Island View Properties, LLC, Case File No. 71 -CV -18-705 ("Lawsuit"); and WHEREAS, the Lawsuit concerned, in part, the encroachment onto Western Avenue of a septic system and shed utilized by the adjacent property owned by John and Elaine Dryer ("Dryers"), 13008 Island View Drive, legally described as: Lot 14, Block 1, Island View Subdivision; and WHEREAS, the parties to the Lawsuit executed a Contingent Settlement Agreement, dated July 1, 2019, ("Settlement Agreement"); and WHEREAS, pursuant to the Settlement Agreement, SNL Island View Properties, LLC ("SNL") agreed to purchase 13008 Island View Drive; and r0 W I R I 1 B I NATURE