RES 20-09City of Elk River
City Council
Resolution 20- 9
A Resolution of the City Council of the City of Elk River Granting a Petition
to Vacate Public Right -of -Way Easements
Case No. EV 19-06
WHEREAS, a petition has been made by the adjacent property owners to vacate the
public rights -of -way described in Exhibit A attached hereto; and,
WHEREAS, a public hearing on said petition was held on February 3, 2020, before the
City Council of the City of Elk River after published and posted notice had been given, and
all persons interested were given an opportunity to be heard at the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
1. The petition to vacate the public right-of-way described in Exhibit A is hereby
granted based upon the following Findings of Fact:
a. Minnesota Statutes, Section 412.851, allows for the vacation of a public right-
of-way easements if it appears in the interest of the public to do so.
b. The easements were dedicated in 2003 and have yet to be improved.
c. Vacation of the easements allows development of the vacant surrounding
parcels as part of one project.
d. Access to the developable parcel west of the project area will be replaced
by a right-of-way dedication with the plat of Cascade Industrial Park
Third Addition.
2. Vacation of the public right-of-way easement described in Exhibit A shall be
effective at the time of recording of the document.
Passed and adopted this 3rd day of February 2020.
ATTEST
Tina Allard, City Clerk
hn J. ietz, I or
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NATURE
Exhibit A
That part of 162"d Avenue Northwest, Buchanan Street Northwest and 161" Avenue
Northwest, as dedicated on the plat of CASCADE INDUSTRIAL PARK, according to the
recorded plat thereof, Sherburne County, Minnesota which lies westerly of the Southerly and
Northerly extensions of the East line of Oudot C, said CASCADE INDUSTRIAL PARK.
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NATURE