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City of Elk River <br />City Council <br />Resolution 19- 43 <br />A Resolution of the City Council of the City of Elk River to Vacate a Portion <br />of a Drainage and Utility Easement <br />Case No. EV 19 -OS <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" ("Easements"); and <br />WHEREAS, vacation of the easement is appropriate as the vacated easement is no longer <br />needed as the applicant will be completing site improvements to protect the nearby wetland <br />and reduce the non-conformance of the property; and <br />WHEREAS, a public hearing was held on September 16, 2019, before the City Council of <br />the City of Elk River on such request after published and posted notice had been given, and <br />all persons interested were given an opportunity to be heard at the public hearing; and <br />WHEREAS, it appears that it is in the public interest to vacate the Easement described in <br />Exhibit "A". <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk <br />River, Minnesota, as follows: <br />1. The Easement legally described on the attached Exhibit A is hereby vacated upon <br />the Owner of the Subject Property making improvements to reduce the non- <br />conformance of the property. <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 />Passed and adopted this 16`' day of September 2019. <br />. @�2111 <br />J J. ietz, or <br />ATTEST: <br />0 --1 <br />Tina Allard, City Clerk <br />MATURE <br />