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City Council <br />City of Elk River <br />Resolution 17- 34 <br />A Resolution of the City Council of the City of Elk River Denying a Petition to <br />Vacate a Drainage and Utility Easement <br />Case No. EV 17-02 <br />WHEREAS, a petition has been made by the adjacent property owners to vacate the drainage and <br />utility easement described in Exhibit A attached hereto; and, <br />WHEREAS, a public hearing on said petition was held on June 19, 2017, before the City Council <br />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 River, <br />Minnesota, as follows: <br />The petition to vacate the drainage and utility easement described in Exhibit A is hereby <br />denied based upon the following Findings of Fact: <br />A. The need for this easement was identified in platting process. <br />B. The easement has been in place since the development was platted. <br />C. The easement is required because of drainage patterns. <br />D. The easement is established to protect and preserve the drainage patterns within the <br />subdivision. <br />E. If the easement were vacated, grading and other activities could occur within the area <br />that could have negative impacts on adjoining properties. <br />Passed and adopted this 19'b day of June 2017. <br />ATTEST: <br />-- <br />6C' <br />C� <br />Tina Allard, City Clerk <br />4io;i3LW- <br />v�od�[R[o et <br />A_1 B 'Al'l"RE <br />