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City of <br /> El City of Elk River <br /> River 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 <br /> Case No. EV 19-05 <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 vacated easement is no longer <br /> needed as the applicant will be completing site improvements to protect the nearby wetland <br /> and reduce the non-conformance of the property;and <br /> WHEREAS, a public hearing was held on September 16,2019,before the City Council of <br /> the City of Elk River on such request after published and posted notice had been given,and <br /> all persons interested were given an opportunity to be heard at the public hearing;and <br /> WHEREAS, it appears that it is in the public interest to vacate the Easement described in <br /> Exhibit"A". <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 upon <br /> the Owner of the Subject Property making improvements to reduce the non- <br /> conformance of the property. <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 16`''day of September 2019. <br /> John J. Dietz,Mayor <br /> ATTEST: <br /> Tina Allard, City Clerk <br /> PV0WIIHEo6V <br /> 4MU�g <br />