Resolution 2013-106A Vacating a Permanent Public Utility Easement and Agreement

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WHEREAS, a public hearing to consider the vacation of such street was held. on the third day of December, 2413, before the City Council in the City Hall located at 3840 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 an opportunity to voice their concerns and be heard; and WHEREAS, any person, corporation or public body owning or controlling easements contained upon the property vacated, reserves the right to continue maintaining the same or to enter upon such 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 will 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 CITE' COUNCIL OF THE CITY O 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, ender and across that part of the worth 474.06 feet of the Northwest Quarter of the Southwest Quarter of Section 36, Township 29 North, Ravage 21 West, Washington County, Minnesota, except the west 50 feet thereof. Said perpetual easement lies northerly and easterly of the following described line. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign all documents necessaiy to effectuate the intent of this resolution. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE THIRD DAY OF DECEMBER, 2013. Resolution 2013-106A