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Resolution 17- 19 <br />A Resolution of the City of Elk River to Vacate Utility Easements <br />Case No. EV 17-01 <br />WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks' <br />published and posted notice of the hearing and after mailing written notice <br />of the hearing at least ten (10) days before the hearing to each property <br />owner affected by the proposed vacation, the Elk River city Council has <br />conducted a hearing to consider the vacation of the utility easements legally <br />described on the attached Exhibit "A" ("Easements"); and <br />WHEREAS, vacation of the easements are appropriate as the vacated easements no longer <br />provide appropriate access to the infrastructure and will be replaced with <br />utility easements that satisfy current access and maintenance standards; and <br />WHEREAS, a public hearing was held on April 17, 2017, before the City Council of the <br />City of Elk River on such request after published and posted notice had been <br />given, and all persons interested were given an opportunity to be heard at the <br />public hearing; and <br />WHEREAS, it appears that it is in the public interest to vacate the Easements; <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk <br />River, Minnesota, as follows: <br />1. The Easements described on the attached Exhibit A are hereby vacated upon the <br />Owner of the Subject Property granting replacement easements approved by the City <br />both in form and legal description; <br />2. The City Clerk is directed to file a certified copy of this Resolution with the County <br />Auditor and County Recorder/Registrar of Titles in accordance with the terms of <br />this Resolution. <br />PIk PRII I( <br />'NATURE <br />