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WHEREAS, The City has determined to vacate that portion of Second Street (Second <br /> Avenue), Block One, First Addition to Cole's Plat of Pequot legally described as follows (the <br /> "Subject Property"or"Street"): <br /> That part of the East 15.00 feet of Second Avenue, as dedicated in the plat of FIRST <br /> ADDITION TO COLE'S PLAT OF PEQUOT, Crow Wing County, Minnesota, <br /> lying Northerly of the Westerly extension of the South line of Lot 9, Block 1, said <br /> plat; and <br /> WHEREAS, any person, corporation or public body owning or controlling easements <br /> contained upon the property vacated, reserves the right to continue maintaining the same or to <br /> enter upon such way or portion thereof vacated to maintain, repair, replace or otherwise attend <br /> thereto; and <br /> WHEREAS, the City reserves any existing easements over, under, and across the <br /> Subject Property and in addition the City specifically grants and/or reserves an easement for <br /> drainage and utility purposes over, under and across the Subject Property as more fully described <br /> herein; and <br /> WHEREAS, the proposed vacation would be in the best interest of the public and the <br /> public would benefit from the vacation; and <br /> WHEREAS, all members of the City Council voted in favor of this Resolution; and <br /> WHEREAS,the effective date of this Resolution and the vacation of the street described <br /> herein is conditional upon certain terms and conditions of approval by the City described herein. <br /> NOW, THEREFORE, BE IT RESOLVED, that pursuant to Minnesota Statute Section <br /> 412.851: <br /> 1. That a portion of Second Street (Second Avenue) within the plat of FIRST <br /> ADDITION TO COLE'S PLAT OF PEQUOT legally described as follows is <br /> hereby vacated (the "Subject Property" or"Street"): <br /> That part of the east 15.00 feet of Second Avenue, as dedicated in the <br /> plat of FIRST ADDITION TO COLE'S PLAT OF PEQUOT, Crow <br /> Wing County,Minnesota, lying Northerly of the Westerly extension of <br /> the South line of Lot 9,Block 1, said plat; and <br /> 2. The City hereby reserves a utility and drainage easement over, under and across <br /> the vacated Street; and <br /> 3. As a result of said vacation, the fee interest in the following property is vested in <br /> CLA Properties, LLC: <br /> 2 <br />