Resolution 2013-106B Vacating a Temporary Construction Easement and Agreement

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CITY OF LAKE ELMO P, RESOLUTION VACATING A TEMPORARY CONSTRUCTION EASEMENT A_X* AGREEMENT 'iwrurry-uvr,,,ur OF T-nE ciTy OF LAKE ELMO, MINNESOTA DOES HEREBY RESOLVE WHEREAS, the City Council previously passed Resolution No. 2013-90B noting its interest in vacating pursuant to Minnesota Statute § 412.851 Temporary Construction Easement and Agreement legally described as: A temporary easement for construction purposes 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 temporary easement lies northerly and easterly of the following described line - Commencing at the northwest corner of said Northwest Quarter of the Southwest Quarter, thence on. an assumed bearing of South 00 degrees 02 minutes 54 seconds Fest, along the west line of said Northwest Quarter of the Southwest Quarter, a distance of 90.00 feet to the point of beginning of the line to be described; thence North. 89 degrees 48 minutes 29 seconds East a distance of 597.85 feet; thence South 79 degrees 36 minutes 58 seconds East a distance of 190.69 feet; thence North 89 degrees 48 minutes 29 seconds East a distance of 408.06 feet; thence South 00 degrees 01 minutes 17 seconds East a distance of 349.06 feet to the south line of said north 474.06 feet of the Northwest Quarter of the Southwest Quarter and said line there terminating; and setting a public hearing to consider the vacation of such street; and 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 Hall located at 3800 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 casements 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. Resolution 2013-106B