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of <br />`�•__� City of Elk River <br />ver City Council <br />Resolution 23-23 <br />A Resolution of the City Council of the City of Elk River Granting a Petition <br />to Vacate Portion of 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 June 20, 2023, before the City <br />Council 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; and <br />WHEREAS, vacation of the Easement is appropriate as the small area requested to be <br />vacated will not impact the city's ability to maintain the utilities protected by the easement. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk <br />River, Minnesota, as follows: <br />1. The above recitals are incorporated as if fully set forth herein. <br />2. The petition to vacate the drainage and utility easement, as described in Exhibit A, is <br />hereby granted. <br />3. The City Clerk is directed to file a certified copy of this Resolution with the <br />Sherburne County Recorder. Vacation of the drainage and utility easement described <br />in Exhibit A shall be effective at the time of recording. <br />Passed and adopted this 20th day of June 2023. <br />ATTEST: <br />Tina Allard, City Clerk <br />W <br />I l E i f i I f <br />NATURE <br />