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Res 2007- 79 Approving Vacation of Easementi RESOLUTION No. 07 -79 A RESOLUTION APPROVING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT WHEREAS, the City of Mendota Heights is the current record owner of a drainage and utility easement as described as follows: A permanent easement for drainage and utility purposes including the right of ingress and egress for the City and its agents, servants, and contractors, over under and across Lots 39 and 40, Auditor's Subdivision #34, Mendota, lying and being in Dakota County, Minnesota, more particularly described as follows: Parcel #1 Starting at the southeast comer of Lot 40, Auditor's Subdivision #34, T28N, R23W, thence west along the south line of said Lot 40 a distance of 650.0' to the point of beginning of the easement to be described; thence west along the south line of said Lot 40 a distance of 230.0', thence northerly a distance of 134.45' more or less, to the southeast comer of Lot 39, Auditor's Subdivision #34, thence northeasterly along the easterly line of said Lot 39 a distance of 250.0', thence southeasterly to a point 200.0' north of the point of beginning a distance of 240', more or less, thence 200.0' south to the point of beginning. Parcel #2 Starting at the southeast corner of Lot 39, Auditor's Subdivision #34, Section 34, T28N., R23W., thence west along the south line of said Lot 39 a distance of 100.0' thence north a distance of 200.0', thence northeasterly a distance of 180.0' more or less, to a point on the east line of said Lot 39, said point being 250.0' northeasterly of the southeast corner of said Lot 39, thence southwesterly along the easterly line of said Lot 39 a distance of 250.0' to the point of beginning. WHEREAS, a notice of hearing on said vacation has been duly published and posted more than two weeks before the date scheduled for the hearing on said vacation, all in accordance with the applicable Minnesota Statues; and WHEREAS, the City Council then proceeded to hear all persons interested in said vacation and all persons were afforded an opportunity to present their views and objections to the granting of said petition. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the vacation of the drainage and utility easement described above, situated in the City of Mendota Heights, is in the best interest of the public and the City, and is not detrimental to the health, safety and welfare of the community. 2. That the above described and utility easement be and the same is hereby vacated. 3. That the City Clerk be and is hereby authorized and directed to prepare and present to the property Dakota County officials a notice of completion of these vacation proceedings, all in accordance with the applicable Minnesota Statutes. Adopted by the City Council of the City of Mendota Heights this 21St day of August, 2007. 1 l r ATTEST: 4"&. 44z��-��- - Kathleen M. Swanson, City Clerk