Section 10.33

Subd 1.  The following portion of Tenth Street in the First Extension, Second Railway Addition to the City of Tracy, is platted within the City of Tracy, to-wit:

That part of platted 10th Street between Block 39 and Block 40, First Extension, Second Railway Addition, City of Tracy, Lyon County, Minnesota.  Described as follows:

 

Beginning at the Southwesterly corner of Block 39; thence North 30 degrees 33 minutes 53 seconds East assumed bearing, a distance of 126.20 feet to the Southerly line of trunk Highway No. 14, to an iron stake placed with RLS 6700 cap; thence West along the Southerly line of trunk Highway No. 14, a distance of 76.65 feet to an iron stake placed with RLS 6700 cap; thence South 30 degrees 33 minutes 33 seconds West, a distance of 32.20 feet to an iron stake with RLS 6700 cap; thence South 29 degrees 03 minutes 27 seconds East, a distance of 86.73 feet to the point of beginning.  Said tract contains 5255 square feet and is subject to easements of record, if any.  

Subd 2.  Notice of public hearing having been published in the Tracy Headlight-Herald, official newspaper of said City, and an opportunity for interested persons to be heard given, it is found and declared that no substantial public interest will be served by continuing the described portion of said Tenth Street and that vacation thereof with the following exceptions:  a reservation of all existing utility easements together with a reservation of a specific easement hereinafter described, for future use, would be beneficial to the public interest.  A petition for vacation of the described portion of said Tenth Street has been submitted by all abutting property owners, and all other requirements provided by law for vacation thereof have been met. 

Subd 3.  Pursuant to Minnesota Statutes 160.29, the vacation of said public way shall not affect existing easements therein, nor the authority of any person, corporation or municipality owning or controlling the utilities thereon or thereunder, or to continue maintaining the same or entering upon such public way hereby vacated to maintain, repair, replace, remove or otherwise attend thereto.  There is hereby further reserved to the City of Tracy a twenty-foot permanent easement together with a twenty-foot temporary construction easement to erect, construct, install, maintain and repair public utility devices and improvements upon, over and under the easement premises which shall be bisected equally on either side of the center of the Northwesterly thirty-three (33') feet of that portion of the said Tenth Street hereby vacated.  Subject to these described reservation of easements, the street described hereinabove is hereby vacated, and a notice of completion of vacation proceedings shall be filed with the Lyon County Recorder.