RES 19-43City of Elk River
City Council
Resolution 19- 43
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 -OS
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 reduce the non-conformance of the property; and
WHEREAS, a public hearing was held on September 16, 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
WHEREAS, it appears that it is in the public interest to vacate the Easement described in
Exhibit "A".
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 reduce the non-
conformance of the property.
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 September 2019.
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J J. ietz, or
ATTEST:
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Tina Allard, City Clerk
MATURE
EXHIBIT A
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EXHIBIT A
That part of the Drainage and Utility Easement dedicated in the plat of TWIN LAKES ESTATES, NORTH
Sherburne County, Minnesota which lies within that part of the Northeast 5.00 feet of the
Southwest 15.00 feet of Lot 2, Block 6 in said plat, lying Southeast of the Northwest 5.00 feet
of said Lot and lying Northwest of the Southeast 5.00 feet of said Lot. 0 30
FILE NAME: 77719480 EXH
PROJECT NO: ZZZ19480
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