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Ordinance 824 Publish April 3, 2020 ORDINANCE NO.

Ordinance 824
Publish April 3, 2020
ORDINANCE NO. 824
2nd Series
AN ORDINANCE VACATING A PORTION OF THE PUBLIC ALLEY LOCATED IN CLOCK 8, "AUDITORS PLAT NO. 1" AND ESTABLISHING A PERMANENT UTILITY EASEMENT
WHEREAS, the City has received an application from property owners in Block 8 of "Auditor's Plat No. 1" to vacate a portion of the platted alleyway lying south of the northerly 127.73 feet of said Block 8, and
WHEREAS, the City has no need for the platted street for conveyance of vehicles, and
WHEREAS, there exist within the said alleyway both or either public and/or private utility lines, and
WHEREAS, there exist within the said alleyway both or either public and/or private utility lines, and
WHEREAS, the applicants for vacation has indicated a willingness to have such utility lines remain in place and to grant an easement allowing such, and
WHEREAS, the City's Home Rule Charter requires that street vacations be done by Ordinance, approved by a four-fifths vote of the Council,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALEXANDRIA HEREBY ORDAINS:
Section I: That the public alleyway lying south of the northerly 127.73 of Block 8, "Auditors Plat NO. 1" is hereby vacated.
Section II. That there is hereby created a permanent utility easement over, under and across the portion of the alleyway as described in Exhibit A attached hereto, for use by the owners, operators and/or their assigns of any publicly or privately owned utilities, including by not limited to water, sanitary sewer, storm water, electricity, telecommunications and natural gas and that this easement shall include the right of the utility owners, operators and/or their assigns to enter upon the property to survey, construct, operate, control, maintain, repair, replace, remove and use said easement for all utility purposes to rebuild the same, and to remove any object which, in the reasonable opinion of said utility owners, operators or assigns, will interfere will said utilities. As a condition of this easement, the owners, operators and/or their assigns shall have the obligation to restore the property subject to this easement to the approximate same condition as existed prior to the commencement of any construction, maintenance or repair hereunder, if restoration is possible.
Section IIII: That a record of such vacation and easement is to be made in the office of the Douglas County Recorder.
Section IV: This ordinance shall be in full force and effect from and after its passage and publication.
ADOPTED by the City Council of the City of Alexandria, Minnesota, this 23rd day of March 2020, by the following vote:
YES: Franzen, Thalman, Osterberg, Jensen
NO: None
ABSENT: Benson
/s/Sara Carlson
Mayor
ATTEST: Marty Schultz
City Administrator
Exhibit A
EASEMENT DESCRIPTION:
An easement for utility purposes over, under and across that part of the alley as shown in Block 8, AUDITOR'S PLAT NO. 1, according to the recorded plat thereof, Douglas County, Minnesota, described as follows:
Beginning at the northeast corner of Lot 3 of said Block 8;
thence on an assumed bearing of North 89 degrees 52 minutes 46 seconds East along the easterly extension of the north line of said Lot 3, a distance of 8.00 feet;
thence South 00 degrees 09 minutes 57 seconds East and parallel with the east line of said Lot 3, a distance of 8.00 feet;
thence south 89 degrees 52 minutes 46 seconds West 8.00 feet to said east line;
thence North 00 degrees 09 minutes 57 seconds West along said east line, 8.00 feet to the point of beginning.
Containing 64 Sq. Ft., more or less
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