RES 18-34City of Elk River
City Council
Resolution 18- -,4
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 18-02
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 vacated easement is no longer
needed as the applicant will be completing site improvements to protect the nearby wetland;
and
WHEREAS, a public hearing 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
River, Minnesota, as follows:
1. The Easement legally described on the attached Exhibit A is hereby vacated upon
the Owner of the Subject Property making improvements to preserve wetland
protections.
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.
H�
hn j. D etz, y r
ATTEST:
L�
Tina Allard, City Cleik
P0VEEAEIIY
ATURDE
Exhibit A
That part of the Drainage and Utility Easement dedicated in the plat of NORDIC HILLS,
Sherburne County, Minnesota which lies within that part of Lot 32,Block 2 of said
NORDIC HILLS described as follows: Commencing at the Southwest corner of said Lot
32; thence South 59 degrees 03 minutes 37 seconds East,plat bearing, along the
southwesterly line of said Lot 32 a distance of 109.00 feet to the northwesterly line of said
Drainage and Utility Easement; thence North 30 degrees 14 minutes 58 seconds East along
said northwesterly line of the easement a distance of 80.01 feet to a point on the
northeasterly line of said Lot 32 distant 110.00 feet southeasterly of the northwesterly corner
of said Lot 32; thence South 59 degrees 03 minutes 37 seconds East along said northeasterly
line of Lot 32 a distance of 18.00 feet; thence South 30 degrees 14 minutes 58 seconds West
parallel with said northwesterly line of the easement a distance of 80.01 feet to said
southwesterly line of Lot 32; thence North 59 degrees 03 minutes 37 seconds West along
said southwesterly line of Lot 32 a distance of 18.00 feet to the Point of Beginning. Except
that part of the easement which lies within the Southwest 5.00 feet of said Lot 32 and which
lies within the Northeast 5.00 feet of said Lot.
A UE