Section 10.35

SECTION 1.    A new Section 10.35 is added to the Tracy city Code, said section to read as follows:

     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 a public interest will be served by vacating said easement in that it will allow the lots adjacent to the easement to be used together rather than being effectively divided by the easement; that the easement to be vacated is not currently being used; and that all requirements of law for vacation of the subject easement have been met.

     Subd 2.     The proposed vacation is authorized by Minensota Statutes §462.358 Subd. 7, Tracy City Charter §12.03 and other provisions of law.

     Subd 3.      The 15-foot wide urility and drainage easement that exists on Lots 3 and 4, Block 1, Tracy Industirla Park Second Addition, City of Tracy, Lyon County, Minnesota, the centerline of said aeasement being the lot line between said lots, is hereby vacated.  This vacation does not include any part of the 10-foot wide utility and drainage easement which runs along and adjoins the west property line of the said lots.

SECTION 2.     This ordinance shall be effective 30 days after passage and publication.

Passed and adopted by the Tracy City Council on February 14, 2011.