RES 20-49City of Elk River
City Council
Resolution 20- 49
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 20-04
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 August 17, 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 rights -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 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 one project.
d. Therefore, the City Council finds vacation of the right-of-way easements
to be in the public interest.
2. Vacation of the public right-of-way easements described in Exhibit A shall be
effective at the time of recording of the document.
Passed and adopted this 17th day of August 2020.
ATTEST:
-,11(2
Tina Allard, City Clerk
J J. etz, Va
or
P of [ RED B Y
IaTU
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 Outlot C, said CASCADE INDUSTRIAL PARK.
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