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City of Elk River <br />City Council <br />Resolution 20- 9 <br />A Resolution of the City Council of the City of Elk River Granting a Petition <br />to Vacate Public Right -of -Way Easements <br />Case No. EV 19-06 <br />WHEREAS, a petition has been made by the adjacent property owners to vacate the <br />public rights -of -way described in Exhibit A attached hereto; and, <br />WHEREAS, a public hearing on said petition was held on February 3, 2020, before the <br />City Council of the City of Elk River after published and posted notice had been given, and <br />all 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 <br />River, Minnesota, as follows: <br />1. The petition to vacate the public right-of-way described in Exhibit A is hereby <br />granted based upon the following Findings of Fact: <br />a. Minnesota Statutes, Section 412.851, allows for the vacation of a public right- <br />of-way easements if it appears in the interest of the public to do so. <br />b. The easements were dedicated in 2003 and have yet to be improved. <br />c. Vacation of the easements allows development of the vacant surrounding <br />parcels as part of one project. <br />d. Access to the developable parcel west of the project area will be replaced <br />by a right-of-way dedication with the plat of Cascade Industrial Park <br />Third Addition. <br />2. Vacation of the public right-of-way easement described in Exhibit A shall be <br />effective at the time of recording of the document. <br />Passed and adopted this 3rd day of February 2020. <br />ATTEST <br />Tina Allard, City Clerk <br />hn J. ietz, I or <br />P01EAEO I <br />NATURE <br />