RES 18-46Mr, "ii
City Council
City of Elle River
Resolution 18-46
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 18-04
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 conducted a hearing to consider the vacation of the easement legally described on the
attached Exhibit "A" ("Easement"); and
WHEREAS, vacation of the Easement is appropriate as the utilities originally protected by the
Easement have been removed and the Easement will not be needed for public utilities in the future;
and
WHEREAS, the public hearing was held on July 16, 2018, before the City Council of the City of
Elk River on such request after the required 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 is in the public interest to vacate said 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.
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 16" day of July 2018.
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Tina Allard, City Clerk
POr I A I I I
A-1 U AGu
Exhibit A
That portion of the drainage easement lying within Lot 3, Block 2, KINGDOM ESTATES,
Sherburne County, Minnesota, as dedicated on the recorded plat thereof, describes as follows:
Commencing at the southwest corner of Lot 12, Block 1, KINGDOM ESTATES SECOND
ADDITION; thence northerly along the west line of said Lot 12 and along a curve concave to the
west, having a radius of 333.00 feet and a central angle of 11 degrees 20 minutes 12 seconds, a
distance of 65.30 feet, the chord of said curve bears North 6 degrees 35 minutes 27 seconds West;
thence North 45 degrees 54 minutes 20 seconds East, a distance of 11.70 feet to intersect a curve 10
feet easterly of the west of said Lot 12, said point being the point of beginning of the easement to be
vacated; thence continue North 45 degrees 54 minutes 20 seconds East, a distance of 23.70 feet;
thence North 66 degrees 28 minutes 28 seconds East, a distance of 144.18 feet to the intersect a line
10 feet southerly of an parallel line, a distance of 23.93 feet intersect a line 20 feet northwesterly of
and parallel with the last described course; thence South 66 degrees 28 minutes 28 seconds West, a
distance of 141.58 feet to intersect a curve 10 feet easterly of and parallel with the west line of said
Lot 12; thence southerly along said curve concave to the east, having a radius of 260.00 feet and a
central angle of 1 degree 55 minutes 06 seconds, a distance of 8.71 feet, the chord of said curve
bears south 14 degrees 00 minutes 16 seconds East; thence southerly along a tangential reverse curve
concave to the west, having a radius of 340.00 feet and a central angle of 1 degree 39 minutes 49
seconds, a distance of 9.87 feet, the chord of said curve bears South 14 degrees 07 minutes 54
seconds to the point of beginning.
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