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WHEREAS, a public hearing to consider the vacation of such street was held on the third day of December, 2013, before the City Council in the City I'l all located at 3 )800 Laverne Avenue North at 7:00 p.m. after due published and posted notice had been given, as well as personal mailed notice to all affected property owners by the City Clerk on the seventh day of November, 2013, and all interested and affected persons were given air opportunity to voice their concerns mid be heard; and WHEREAS, any person, corporation or public body owning or controlling casements contained upon the property vacated, reserves the right to continue maintaining the same or to enter UP013 sub way, or portion thereof vacated to maintain, repair, replace or otherwise attend thereto; and WHEREAS, the Council in its discretion has determined that the vacation rill benefit the public interest by promoting disciplined and balanced market -driven growth, and WHEREAS, four -fifths of all members of the City Council concur in this resolution; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, COUNTY OF WASHINGTON, MINNESOTA, that such petition for vacation is hereby granted and the easement described as follows is hereby vacated: A perpetual easement for public utility purposes over, under and across the following described property: Over, under and across that part of the north 474.06 feet of the Northwest Quarter of the Southwest Quarter of Section 36, Township 29 North, Range 21 West. Washington County, Minnesota, except the west 50 feet thereof. Said perpetual easement lies northerly and easterly of the following described line. - Commencing at the northwest corner of said Northwest Quarter of the South-west Quarter; minutes 54 seconds West, along the west line of ;aid Northwest Quarter of the Southwest Quarter, a distance of 40.00 feet to the point of beginning of the line to be described; thence North 89 degrees 48 minutes 29 seconds East a distance of 597.64 feet; thence South 87 degrees 08 minutes 18 seconds East a distance of 187.72 feet; thence North 89 degrees 48 minutes 1-9 seconds East a distance of 483.28 feet; thence South 00 degrees 01 minutes 17 seconds East a distance of 424.06 feet to the south line of said north 474,06 feet of the Northwest Quarter of the Southwest Quarter and said line there terminating. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are berebv authorized to si�no all documents necessary to effectuate the intent of this resolution. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE THIRD DAY OF DECEMBER, 2013, Resolution 2013-106A