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<br />City Council <br />City of Elk River <br /> <br /> <br /> <br /> <br />Resolution 18-____ <br /> <br />A Resolution of the City Council of the City of Elk River to Vacate a Portion of a <br />Drainage and Utility Easement <br />Case No. EV 18-03 <br /> <br />WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks’ published and <br />posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days <br />before the hearing to each property owner affected by the proposed vacation, the Elk River city <br />Council has conducted a hearing to consider the vacation of the easement legally described on the <br />attached Exhibit “A” (“Easements”); and <br /> <br />WHEREAS, vacation of the easement is appropriate as the utilities originally protected by the <br />easement have been removed and it is not anticipated that the site will be needed for utilities in the <br />future; and <br /> <br />WHEREAS, a public hearing was held on June 4, 2018, before the City Council of the City of Elk <br />River on such request after published and posted notice had been given, and all persons interested <br />were given an opportunity to be heard at the public hearing; and <br /> <br />WHEREAS, it appears that it is in the public interest to vacate the Easements. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, <br />Minnesota, as follows: <br />1. The Easement legally described on the attached Exhibit A is hereby vacated. <br />2. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor <br />and County Recorder/Registrar of Titles in accordance with the terms of this Resolution. <br /> <br />th <br />Passed and adopted this 4 day of June 2018. <br /> <br /> <br /> <br /> John J. Dietz, Mayor <br /> <br /> <br />ATTEST: <br /> <br /> <br /> <br />Tina Allard, City Clerk <br /> A-1 <br /> <br />