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City of �� City of Elk River River City Council Resolution 20- 71 A Resolution of the City Council of the City of Elk River Granting a Petition to Vacate Public Rights-of-Way and Drainage and Utility Easements Case No. EV 20-06 WHEREAS, a petition has been made by the adjacent property owners to vacate the public rights-of-way and drainage and utility easements described in Exhibits A &B attached hereto;and, WHEREAS, a public hearing on said petition was held on October 19,2020,before the City Council of the City of Elk River after published and posted notice had been given, and all persons interested were given an opportunity to be heard at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,Minnesota, as follows: 1. The petition to vacate the public rights-of-way and easements described in Exhibit A is hereby granted based upon the following Findings of Fact: a. Minnesota Statutes, Section 412.851, allows for the vacation of public rights- of-way and easements if it appears in the interest of the public to do so. b. The rights-of-ay easements were dedicated for a roadway that has been removed with no plans to reconstruct in place. c. Vacation of the rights-of-way easements and will facilitate development of the existing parcels. d. Therefore, the City Council finds vacation of the rights-of-way and easements to be in the public interest. 2. The petition to vacate the drainage and utility easements described in Exhibit B is hereby granted as the utilities within the easements are no longer present and new drainage and utility easements will be dedicated with the final plat of Orono Park Addition. 3. Vacation of the public rights-of-way and drainage and utility easements described in Exhibit A and B shall be effective at the time of recording of the document. Passed and adopted this 19th day of October 2020. Wqt ATTES" �f NATUREI