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City of <br />Elk <br />*l <br />River <br />City of Elk River <br />City Council <br />Resolution 22- <br />A Resolution of the City Council of the City of Elk River Granting a Petition <br />to Vacate a Drainage and Utility Easement <br />WHEREAS, vacation of the drainage and utility easement is appropriate as the property <br />owner is re -platting the area will replace the easements with the appropriate similarly located <br />easements along the perimeter of the property; and, <br />WHEREAS, the property originally protected by the easement is no longer needed to be <br />protected; and <br />WHEREAS, a public hearing on said petition was held on May 16, 2022, 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 drainage and utility easement, as described in Exhibit A, is <br />hereby granted, based upon the following Findings of Fact: <br />A. The Council finds the drainage and utility easement described in Exhibit A is <br />no longer a benefit to the public. <br />B. The required drainage and utility easements will be replaced with the plat of <br />Aggregate Commercial Sixth Addition. <br />2. Vacation of the drainage and utility easement described in Exhibit A shall be <br />effective at the time of recording of the necessary documents. <br />Passed and adopted this 161h day of May 2022. <br />John J. Dietz, Mayor <br />ATTEST: <br />Tina Allard, City Clerk <br />