11.09 - Consider Resolution Reg 1st St & 2nd St Rd Vacations

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TO COLE'S PLAT OF PEQUOT and adjoining properties and all interested persons were given an opportunity to be heard at the City Council meeting; and WHEREAS, the City has determined to vacate that portion of First Street (Alley), Block One, First Addition to Cole's Plat of Pequot legally described as follows (the "Subject Property" or "Street "): That part of the 16.00 foot alley as dedicated in the plat of FIRST ADDITION TO COLE'S PLAT OF PEQUOT, Crow Wing County, Minnesota, lying Northerly of the Easterly extension of the South line of Lot 9, Block 1, said plat; 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 City reserves any existing easements over, under, and across the Subject Property and in addition the City specifically grants and/or reserves an easement for drainage and utility purposes over, under and across the Subject Property as more fully described herein; and WHEREAS, the proposed vacation would be in the best interest of the public and the public would benefit from the vacation; and WHEREAS, all members of the City Council voted in favor of this Resolution; and WHEREAS, the effective date of this Resolution and the vacation of the streets described herein is conditional upon certain terms and conditions of approval by the City described herein. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Minnesota Statute Section 412.851: 1. That a portion of First Street (Alley) within the plat of FIRST ADDITION TO COLE'S PLAT OF PEQUOT legally described as follows is hereby vacated (the "Subject Property" or "Street "): That part of the 16.00 foot alley as dedicated in the plat of FIRST ADDITION TO COLE'S PLAT OF PEQUOT, Crow Wing County, Minnesota, lying Northerly of the easterly extension of the South line of Lot 9, Block 1, said plat; and 2. The City hereby reserves a utility and drainage easement over, under and across the vacated Street; and