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City of Elk River <br />City Council <br />Resolution 23-5 <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 January 17, 2023, 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; and <br />WHEREAS, vacation of the Easement is appropriate as protections established by the <br />Easement will be replaced with the recording of a new drainage and utility easement in the <br />correct location as approved by Sherburne County. <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 <br />will be replaced with a drainage and utility easement in a location approved <br />by Sherburne County. <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 17th day of January 2023. <br />Tina Allard, City Clerk <br />POWERED BY NATURE