RES 18-35ver
City Council
City of Elk River
Resolution 18- 35
A Resolution of the City Council of the City of Elk River to Vacate a Portion of a
Drainage and Utility Easement
Case No. EV 18-03
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 easement legally described on the
attached Exhibit "A" ("Easements"); and
WHEREAS, vacation of the easement is appropriate as the utilities originally protected by the
easement have been removed and it is not anticipated that the site will be needed for utilities in the
future; and
WHEREAS, a public bearing was held on June 4, 2018, 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 Rivet,
Minnesota, as follows:
1. The Easement legally described on the attached Exhibit A is hereby vacated.
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.
Passed and adopted this 4`h day of June 2018.
ATTEST:
Tina Allard, City Clerk
#n J. Dietz, NWor
A_1 NATURE
Exhibit A
The southerly and southeasterly 5.00 feet of the 10 foot drainage and utility easement lying along the
northerly lines of Lot 1, Block 4, ORONO LAKE 3RD ADDITION, as dedicated in the recorded
plat thereof, Sherburne County, Minnesota.
f011RII 6r
A_2 NATURE