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RESOLUTION 99 - 7~ RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENT Case No. EV 99-4 WHEREAS, special legislation adopted by the Minnesota Legislature under Minn. Laws 1995, Chapter 175 allows Sherburne County to convey to the City of Elk River all of its rights, title, and interest in all or any portion of certain specified county ditches; and, WHEREAS, on February 3, 1999 the Sherburne County Board approved a transfer of a portion of Sherburne County Ditch #10 to the City of Elk River; and, WHEREAS, on April 26, 1999 the Elk River City Council accepted said portion of Sherburne County Ditch #10 which includes drainage easement rights one rod either side of the centerline of the ditch; and, WHEREAS, Associated Developers, Inc. are proposing to alter the drainage through a portion of area served by that part of the ditch accepted by the City of Elk River with storm sewer as part of the improvement for the plat of Elk River Crossing so that a portion of the ditch in question no longer will serve a public function; and, WHEREAS, the City of Elk River requested the City Council in a petition dated September 2, 1999, to vacate such portion of easement that will no longer serve a public function according to law; and, WHEREAS, a public hearing was held on October 18, 1999, before the City Council at the Elk River City Hall on such petition after due published and posted notice had been given as well as personal notice to affected property owners on September 9, 1999 and all persons interested were given an opportunity to be heard; and, WHEREAS, it appears that it will be in the best interest of the City to approve such petition with the condition that Associated Developers, Inc. maintain the drainage through the area affected until the storm drainage improvements described are functioning and accepted by the City of Elk River. s: \ document \ resoluti \ ev98-4.doc