RES 17-19Resolution 17- 19
A Resolution of the City of Elk River to Vacate Utility Easements
Case No. EV 17-01
WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks'
published and posted notice of the hearing and after mailing written notice
of the hearing at least ten (10) days before the hearing to each property
owner affected by the proposed vacation, the Elk River city Council has
conducted a hearing to consider the vacation of the utility easements legally
described on the attached Exhibit "A" ("Easements"); and
WHEREAS, vacation of the easements are appropriate as the vacated easements no longer
provide appropriate access to the infrastructure and will be replaced with
utility easements that satisfy current access and maintenance standards; and
WHEREAS, a public hearing was held on April 17, 2017, before the City Council of the
City of Elk River on such request after published and posted notice had been
given, and all persons interested were given an opportunity to be heard at the
public hearing; and
WHEREAS, it appears that it is in the public interest to vacate the Easements;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
1. The Easements described on the attached Exhibit A are hereby vacated upon the
Owner of the Subject Property granting replacement easements approved by the City
both in form and legal description;
2. The City Clerk is directed to file a certified copy of this Resolution with the County
Auditor and County Recorder/Registrar of Titles in accordance with the terms of
this Resolution.
PIk PRII I(
'NATURE
Passed and adopted this 17'h day of April 2017.
ATTEST:
Tina Allard, City Clerk
1 4
j J. ietz, Mayor
�P 0 V I R l O B Y E
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Exhibit A
Easements
1. The easement for utility purposes located within the Subject Property granted by
Cretex Companies, Inc. to the City of Elk River by quit claim deed dated September 22,
1975 and filed on September 26, 1975 as Document Number 133188 with the Office of the
County of Sherburne Registrar of Deeds;
2. The easement for utility purposes located within the Subject Property granted by
Myrtle V. Patenaude to the Village of Elk River by warranty deed dated April 18, 1960 and
filed on January 7, 1964 as Document Number 98435 with the Office of the County of
Sherburne Registrar of Deeds;
3. The easement for utility purposes located within the Subject Property granted by Elk
River Concrete Products Company to the Village of Elk River by easement dated June 6,
1946 and filed on June 21, 1947 as Document Number 72031 with the Office of the County
of Sherburne Registrar of Deeds.
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