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City of <br /> Elk City of Elk River <br /> Wver City Council <br /> Resolution 19- <br /> A Resolution of the City Council of the City of Elk River to Vacate a Portion <br /> of a Drainage and Utility Easement Case No. EV 19-01 <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 of the hearing at <br /> least ten (10) days before the hearing to each property owner affected by the proposed <br /> vacation, the Elk River city Council has conducted a hearing to consider the vacation of the <br /> easement legally described on the attached Exhibit"A" ("Easements"); and <br /> WHEREAS, vacation of the easement is appropriate as the property originally protected <br /> by the easement is no longer prone to flooding and it is not anticipated that the site will <br /> flood in areas outside of the delineated wetlands; and <br /> WHEREAS, a public hearing was held on June 3, 2019,before the City Council of the City <br /> of Elk River on such request after published and posted notice had been given, and all <br /> persons interested were given an opportunity to be heard at the public hearing; and <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk <br /> River,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 <br /> Auditor and County Recorder/Registrar of Titles in accordance with the terms of <br /> this Resolution. <br /> Passed and adopted this 3rd day of June 2019. <br /> John J. Dietz,Mayor <br /> ATTEST: <br /> Tina Allard, City NATUREJ <br />