RES 19-51City of Elk River
City Council
Resolution 19- 51
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 19-04
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 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 city's stormwater are satisfied without the additional land; and
WHEREAS, a public hearing was held on October 21, 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 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 21st day of October 2019.
Jr n J. ietz,II yor
ATTEST:
Tina Allard, City Clerk
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EXHIBIT A
VACATION EXHIBIT FOR: DUSTIN HEGGEM
183RD CIRCLE, ELK RIVER, SHERBURNE COUNTY, MINNESOTA
510. 00
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9?\ � EASEMENT VACATION
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DENNIS M. HONSA
MINNESOTA LICENSE No. 22440
FOR: HONSA SURVEYING, LLC
EASEMENT VACATION DESCRIPTION -
THAT PART OF THE DRAINAGE AND UTILITY EASEMENT DEDICATED ON LOT 3, BLOCK 1, MULVANEY POINT
ACCORDING TO THE PLAT ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, SHERBURNE
COUNTY, MINNESOTA DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 3; THENCE SOUTH 50 DEGREES 31 MINUTES 11
SECONDS EAST ASSUMED BEARING ALONG THE SOUTHWESTERLY LINE OF SAID LOT 3 A DISTANCE OF 144.57
FEET; THENCE SOUTH 87 DEGREES 55 MINUTES 46 SECONDS EAST A DISTANCE OF 16.46 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUING SOUTH 87 DEGREES 55 MINUTES 46 SECONDS EAST A DISTANCE OF
159.66 FEET; THENCE SOUTH 02 DEGREES 04 MINUTES 13 SECONDS WEST A DISTANCE OF 20.00 FEET;
THENCE NORTH 87 DEGREES 55 MINUTES 46 SECONDS WEST A DISTANCE OF 133.51 FEET; THENCE NORTH 50
DEGREES 31 MINUTES 11 SECONDS WEST A DISTANCE OF 32.92 FEET TO THE POINT OF BEGINNING AND
THERE TERMINATING.
ALTERATIONS TO THIS DRAWING ARE PROHIBITED
WITHOUT THE EXPRESS WRITTEN PERMISSION OF
HOONSA SURVEYING COPYRIGHT 2019, HONSA
SURVEYING, LLC
50 0 50
SCALE: 1'
....
WATER VALVE
DRAINAGE AND ORUTY EASEMENT PER PIAT
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MANHOLE
0. -
- CATCH BASIN
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POWERPOLE
CERTIFICATION. �/O
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LIGHT POLE
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. . IRON MONUMENT FOUND
I HEREBY CERTIFY THAT THIS SURVEY WAS PREPARED BY ME OR
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IRON PIPE MONUMENT SET
UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED
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LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNED THE 22ND OF JULY, 2019.
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EXISTING SPOT ELEVATION
DENNIS M. HONSA
MINNESOTA LICENSE No. 22440
FOR: HONSA SURVEYING, LLC
EASEMENT VACATION DESCRIPTION -
THAT PART OF THE DRAINAGE AND UTILITY EASEMENT DEDICATED ON LOT 3, BLOCK 1, MULVANEY POINT
ACCORDING TO THE PLAT ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, SHERBURNE
COUNTY, MINNESOTA DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 3; THENCE SOUTH 50 DEGREES 31 MINUTES 11
SECONDS EAST ASSUMED BEARING ALONG THE SOUTHWESTERLY LINE OF SAID LOT 3 A DISTANCE OF 144.57
FEET; THENCE SOUTH 87 DEGREES 55 MINUTES 46 SECONDS EAST A DISTANCE OF 16.46 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUING SOUTH 87 DEGREES 55 MINUTES 46 SECONDS EAST A DISTANCE OF
159.66 FEET; THENCE SOUTH 02 DEGREES 04 MINUTES 13 SECONDS WEST A DISTANCE OF 20.00 FEET;
THENCE NORTH 87 DEGREES 55 MINUTES 46 SECONDS WEST A DISTANCE OF 133.51 FEET; THENCE NORTH 50
DEGREES 31 MINUTES 11 SECONDS WEST A DISTANCE OF 32.92 FEET TO THE POINT OF BEGINNING AND
THERE TERMINATING.
ALTERATIONS TO THIS DRAWING ARE PROHIBITED
WITHOUT THE EXPRESS WRITTEN PERMISSION OF
HOONSA SURVEYING COPYRIGHT 2019, HONSA
SURVEYING, LLC
50 0 50
SCALE: 1'