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City of <br /> Elk <br /> River <br /> Resolution 17- <br /> A Resolution of the City of Elk River to Vacate Utility Easements <br /> Case No. EV 17-01 <br /> WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks' <br /> published and posted notice of the hearing and after mailing written notice <br /> of the hearing at least ten (10) days before the hearing to each property <br /> owner affected by the proposed vacation, the Elk River city Council has <br /> conducted a hearing to consider the vacation of the utility easements legally <br /> described on the attached Exhibit"A" ("Easements"); and <br /> WHEREAS, vacation of the easements are appropriate as the vacated easements no longer <br /> provide appropriate access to the infrastructure and will be replaced with <br /> utility easements that satisfy current access and maintenance standards; and <br /> WHEREAS, a public hearing was held on April 17, 2017,before the City Council of the <br /> City of Elk River on such request after published and posted notice had been <br /> given, and all persons interested were given an opportunity to be heard at the <br /> public hearing; and <br /> WHEREAS, it appears that it is in the public interest to vacate the Easements; <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk <br /> River,Minnesota, as follows: <br /> 1. The Easements described on the attached Exhibit A are hereby vacated upon the <br /> Owner of the Subject Property granting replacement easements approved by the City <br /> both in form and legal description; <br /> 2. The City Clerk is directed to file a certified copy of this Resolution with the County <br /> Auditor and County Recorder/Registrar of Titles in accordance with the terms of <br /> this Resolution. <br /> NATUREJ <br />