RES 17-34City Council
City of Elk River
Resolution 17- 34
A Resolution of the City Council of the City of Elk River Denying a Petition to
Vacate a Drainage and Utility Easement
Case No. EV 17-02
WHEREAS, a petition has been made by the adjacent property owners to vacate the drainage and
utility easement described in Exhibit A attached hereto; and,
WHEREAS, a public hearing on said petition was held on June 19, 2017, 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:
The petition to vacate the drainage and utility easement described in Exhibit A is hereby
denied based upon the following Findings of Fact:
A. The need for this easement was identified in platting process.
B. The easement has been in place since the development was platted.
C. The easement is required because of drainage patterns.
D. The easement is established to protect and preserve the drainage patterns within the
subdivision.
E. If the easement were vacated, grading and other activities could occur within the area
that could have negative impacts on adjoining properties.
Passed and adopted this 19'b day of June 2017.
ATTEST:
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Tina Allard, City Clerk
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A_1 B 'Al'l"RE
Exhibit A
The 30 foot wide drainage and utility easement running the entire width of the property, parallel to
the west (rear) property line, of Lot 5 Block 3, Riverplace, Sherburne County, MN.
A_2 NQ! UR