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City of <br />Elk <br />River <br />City of Elk River <br />City Council <br />Resolution 2 1 - <br />A Resolution of the City Council of the City of Elk River Granting a Petition <br />to Vacate a Public Street, Utility and Drainage Easement <br />Case No. EV 2 1 -05 <br />WHEREAS, a petition has been made by the property owners to vacate the street and <br />utility easement described in Exhibit A attached hereto; and <br />WHEREAS, the City of Elk River (easement holder) and CAN Technologies (property <br />owner) have agreed to plat the property and dedicate right-of-way to replace the easement <br />outlined in Exhibit A; and <br />WHEREAS, the Final Plat of Natures Edge Business Center Third Addition dedicates the <br />necessary right-of-way and will be recorded immediately following the vacation of the <br />subject easement; and <br />WHEREAS, a public hearing on said petition was held on November 15, 2021, 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 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 a public right- <br />of-way easements if it appears in the interest of the public to do so. <br />b. The easement will be replaced with the recording of the final plat for Natures <br />Edge Business Center Third Addition. <br />2. Vacation of the public easement described in Exhibit A shall be effective at the <br />time of recording of the document. <br />Passed and adopted this 15th day of November 2021. <br />John J. Dietz, Mayor <br />ATTEST: <br />Tina Allard, City Clerk <br />