RES 19-18City of Elk River
City Council
Resolution 19- 18
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 19-01
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
easement legally described on the attached Exhibit "A" ("Easements"); and
WHEREAS, vacation of the easement is appropriate as the property originally protected
by the easement is no longer prone to flooding and it is not anticipated that the site will
flood in areas outside of the delineated wetlands; and
WHEREAS, a public hearing was held on June 3, 2019, 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
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 Std day of June 2019.
ATTEST:
r�. Tina Allard, City Clerk
jolo. 134z, May/r
?01 ER EI 1r
NATURE
Exhibit A
A perpetual drainage and utility easements over, ,under and across and being 10 feet in
width and adjoining the North, East and West property lines of the following described
property-
The
roperty
The East 815.16 feet of the Southwest Quarter of the Northwest' Quarter lying
50.00 feet south of and parallel with the centerline of County Road No. 32,
Section 20, Township 33, Rang.- 26, She urna County, Minnesota Said
centerline of County Road 32 is descried as follows: Beginning at a point on the
east line of said Southwest Quarter ofthe Northwest Quarter distant 85.85 feet
north of the southeast corner of said Southwest Quarter of the Northwest
Quartet; thence west to a point on the west line of said East 815.00 feet of the
Southwest Quarter of the Northwest Quarter distant 107:98 feet north of the.
southwest corner of said East 815.00 feet of the Southwest Quarter of the
Northwest Quarter.
And also a.perpetual drainage and utility easement over, under and across and being
10.00 feet in width and .adjoining .the East and West property lines and being 5.00 feet
in width and adjoining the South property line of the following described property:
The North 320.00 feet of the 'East 815.00 feet of the West half of the Southwest
Quarter of Section 20, Township 33, Range 26, Sherburne County, Minnesota.
And also a perpetual drainage and utility, easement over, under and across being 10
feet in width adjoining the east and West property lines and 5 feet in width and
adjoining the North and South property lines of the following described property
The South 800.00 feet of the North 1020.00 feet of the East 8.15.00 feet of the
West Half of the Southwest Quarter of Section 20, Township 33, Range 26.,
Sherburne County,; Minnesota.
And also a perpetual drainage and utility easement for drainage and utility purposes
over, under and across the following described property.
Commencing at the northwest corner of said South 800.00 feet of the North
1026.06 feet of the East 815.00 feet of the West Half of the Southwest Quarter;
thence on an assumed bearing of South 89 degrees 31 minutes 32 seconds. East
along the north line of said South 800.00 feet of the North 1020.00 ffeet of the
West Half of the Southwest. Quarter, a distance of 110.00 feet to the point of
b. eginning of said easement to be .described; thence continuing South 89 degrees.
31 minutes 32 seconds East along said north line, a distance of 340.00 feet;
l01EaE1 it
NA 11
thence South 0 degrees 28 minutes 28 seconds West, a distance of 235.00 feet;
thence .South 54 degrees 25 minutes 25 seconds Nest, a distance of $82.44 feet;
thence South 1 degree 37 minutes 13 seconds West, a distance of 190:00 feet;
thence North 89 degrees 3.1 minutes 32 seconds West, a distance. of 150-00 feet
to the west line of said East 815.00 feet of the West Half of the Southwest
Quarter; thence North 1 degree 37 minutes 13 rewinds East along said west
line, a distance. of 349.60 feet; thence South 89 degrees 31 minutes 32 seconds
East, a distance of 166.28 feet; thence North 1 degree 37 minutes 13 seconds
East, a distance of 1.10.00 feet, thence North 20 degrees West, a distance of
150.00 feet; thence North 0 degrees 28 minutes 28 sero ►ds East, a distance of
50 feet to the point of beginning.
And also a temporary drainage and utility easement pending actual location described
as follows:
Commencing at the nortbwest corner of said South 800.00 feet of the North 1020
feet of the East 815.00 feet of the West Half .of the Southwest Quarter; thence on
an assumed bearing of South 89 degrees 31 minuets 32 seconds East .along the
north line of said South 800.00 feet of the North 1020 feet of the West Half of the
Southwest, Quarter, a ;distance of 450,00 feet; thence South 0 degrees 2.8 minutes
28 seconds West, a distance of 235.00 fleet;. thence 8oath 54 degrees 25 minutes
25 seconds West, a distance of 382.41eet; thence South ldegree 37 minutes
13m seconds West, a distance of 190.00 feet to the point of beginning of said
easement to be described; thence South 45 degrees 10 minuets 38 seconds East,
a distance of 214.54 feet to the south line of the North 1120.00 feet of said West
Half of the Southwest Quarter, thence North 89" degrees 31:minutes 32`seconds
West along said south line, a distance of 118.69 feet; thence North 28 degrees 27
minutes 37 seconds West, a distance of 171.36 feet to the intersection of a line
bearing North 89 degrees 31 minutes 32 secorids'West from the point of
beginning; thence South 89 degrees 31 minutes 82 seconds: East, a distance of
48.18 feet to the point of beginning..
10 1 E a E l 1 1
NATURE