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City of <br />Elk -�-� <br />RiVer <br />City of Elk River <br />City Council <br />Resolution 23- <br />A Resolution of the City Council of the City of Elk River Granting a Petition <br />to Vacate Portion of a Drainage and Utility Easement <br />WHEREAS, puYsuant to Minnesota Statutes Section 412.851, afteY two (2) weeks' <br />published and posted notice of the hearing and afteY mailing written notice of the heaYing at <br />least ten (10) days befoYe the hearing to each pYopeYtyr owneY affected by the pYoposed <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" ("Easement"); and <br />WHEREAS, a public hearing on said petition was held on June 20, 2023, before the CityT <br />Council of the Cit�r of Elk River after published and posted notice had been given, and all <br />persons interested were given an opportunityT to be heard at the public hearing; and <br />WHEREAS, vacation of the Easement is appropriate as the small area requested to be <br />vacated `vill not impact the cityT's abilityT to maintain the utilities protected byT the easement. <br />NOW, THEREFORE, BE IT RESOLVED b�T the CityT Council of the CityT of Elk <br />River, ��innesota, as follows: <br />1. The above recitals are incorporated as if fullyT set forth herein. <br />2. The petition to vacate the drainage and utilityT easement, as described in Exhibit A, is <br />herebyT granted. <br />3. The Cityr Clerk is directed to file a certified copy of this Resolution with the <br />Sherburne CountyT Recorder. Vacation of the drainage and utilityT easement described <br />in Exhibit A shall be effective at the time of recording. <br />Passed and adopted this 20th dayr of June 2023. <br />John J. Dietz, Mayror <br />ATTEST: <br />Tina Allard, CityT Clerk <br />rowEREo er <br />���V�� <br />