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City of <br />Elk <br />River <br />City of Elk River <br />City Council <br />Resolution 20- <br />A Resolution of the City Council of the City of Elk River Granting a Petition <br />to Vacate Public Rights -of -Way and Drainage and Utility Easements <br />Case No. EV 20-06 <br />WHEREAS, a petition has been made by the adjacent property owners to vacate the <br />public rights -of -way and drainage and utility easements described in Exhibits A & B attached <br />hereto; and, <br />WHEREAS, a public hearing on said petition was held on October 19, 2020, before the <br />City Council of the City of Elk River after published and posted notice had been given, and <br />all persons interested were given an opportunity to be heard at the public hearing. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk <br />River, Minnesota, as follows: <br />1. The petition to vacate the public rights -of -way and easements described in <br />Exhibit A is hereby granted based upon the following Findings of Fact: <br />a. Minnesota Statutes, Section 412.851, allows for the vacation of public rights - <br />of -way and easements if it appears in the interest of the public to do so. <br />b. The rights -of -ay easements were dedicated for a roadway that has been <br />removed with no plans to reconstruct in place. <br />c. Vacation of the rights -of -way easements and will facilitate development <br />of the existing parcels. <br />d. Therefore, the City Council finds vacation of the rights -of -way and <br />easements to be in the public interest. <br />2. The petition to vacate the drainage and utility easements described in Exhibit B <br />is hereby granted as the utilities within the easements are no longer present and <br />new drainage and utility easements will be dedicated with the final plat of Orono <br />Park Addition. <br />3. Vacation of the public rights -of -way and drainage and utility easements described <br />in Exhibit A and B shall be effective at the time of recording of the document. <br />Passed and adopted this 19th day of October 2020. <br />John J. Dietz, Mayor <br />ATTEST: <br />