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City of Elk River <br />City Council <br />Resolution 21- 18 <br />A Resolution of the City Council of the City of Elk River Granting a Petition <br />to Vacate Public Right -of -Way Easements and Drainage and Utility <br />Easements, Case No. EV 21-02 <br />WHEREAS, a petition has been made by the adjacent property owner to vacate the public <br />rights -of -way described in Exhibit A, and drainage and utility easements in Exhibit B, <br />attached hereto; and, . <br />WHEREAS, a public hearing on said petition was held on March 15, 2021, before the City <br />Council of the City of Elk River after published and posted notice had been given, and all <br />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 right-of-way described in Exhibit A is hereby <br />granted based upon the following Findings of Fact: <br />a. Minnesota Statutes, Section 412.851, allows for the vacation of public right- <br />of-way easements if it appears in the interest of the public to do so. <br />b. The vacated portion does not prohibit public access along Zane Street <br />and improves public mobility by facilitating development of a cul-de-sac. <br />c. Vacation of the easements allows development of the vacant surrounding <br />parcels as one project. <br />d. Therefore, the City Council finds vacation of the right-of-way easements <br />to be in the public interest. <br />2. Vacation of the public right-of-way easements described in Exhibit A shall be <br />effective at the time of recording of the document. <br />3. The drainage and utility easements described in Exhibit B are hereby vacated as <br />they are no longer needed or will be replaced with the recording of the plat of <br />The Delta. <br />Passed and adopted this 15th day of March 2021. <br />ATTES <br />Tina Allard, City Clerk <br />POwEAEB er <br />INATU <br />