Section 10.36

SECTION10.36. VACATING PART OF A UTILITYAND DRAINAGE EASEMENT AND PART OF EAST 6TH STREET IN EASTVIEW ADDITION.

SUBD. 1. The City Council finds that notice of public hearing concerning the proposed vacation was published as required by law; that an opportunity for interested persons to be heard has been given; that no substantial public interest will be served by continuing the subject easement upon the affected property and that same is not currently being used;that no substantial public interest will be served by leaving that part of East 6th Street to be vacated in place and that said street part is currently undeveloped and not useable for conventional motor vehicle traffic; that, as platted, said street part constitutes a dead-end street; and that a public interest will be served by vacating said easement and street part in that it will allow Lot 8, Block 3, Eastview Addition, City of Tracy, Lyon County, Minnesota (hereinafter “LOT 8”), uponwhich saideasementis located, and which is adjacent to said street part to be vacated, to likely beused for residential purposes;and that all requirements of law for vacation of the subject easement and street part have been met.

SUBD. 2. The proposed vacation isauthorized by Minnesota Statutes §462.358 Subd. 7, Tracy City Charter §12.03and otherprovisions of law.

SUBD. 3. The 5-footwide utility and drainage easement that exists and runs along the eastedge of the platted boundary of LOT 8, EXCEPTING the northerly 5 feet thereof, is hereby vacated. This vacation does not include any part of the 5-footwide utility and drainage easement which runs along the north side of said LOT8, it being the intention that the existing 5-footwide utility and drainage easement that runs along the entire north boundary of said LOT 8 shall remain in place.

SUBD. 4. The following part of East 6th Street,as said street is shown on the Plat of Eastview Addition, the subdivision above-described, is hereby vacated:

That part of said 6th Street which lies southerly of the north boundary line of LOT 8, if such boundary line were extended in a straight line easterly, and which also lies northerly of the south boundary line of LOT 8, if such boundary line were extended in a straight line easterly, said street part being 130 feet long, as platted, EXCEPTING AND RESERVING to the City of Tracy over, upon, under and across the northerly 5 feet of said street part, an easement for drainage and utility purposes, it being the intention that said easement will extend the drainage and utility easement which presently runs and will continue to run along the northerly boundary of LOT 8.

Passed and adopted by the Tracy City Council on 12 May 2014.