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City of Elk River <br />City Council <br />Resolution 25-38 <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, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks' <br />published and posted notice of the hearing and after mailing written notice of the hearing at <br />least ten (10) days before the hearing to each property owner affected by the proposed <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 July 7, 2025, 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; and <br />WHEREAS, vacation of the drainage and utility easement is appropriate as the easement <br />does not provide a broader public benefit, and its removal is not anticipated to affect current <br />or future drainage; and <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 />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 7`' day of July 2025. <br />ATTEST: <br />Tina Allard, City Clerk <br />oayor <br />ro1EAII I <br />NATURE <br />