RES 21-31City of Elk River
ver City Council
Resolution 21- 31
A Resolution of the City Council of the City of Elk River Granting a Petition
to Vacate a Public Right -of -Way Easement
Case No. EV 2 1 -01
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, the Minnesota Department of Transportation (MnDOT) has requested the
vacation to support safety improvements of the Highway 10 corridor through Elk River;
and,
WHEREAS, a public hearing on said petition was held on April 19, 2021, 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 Minnesota Department of Transportation requested the vacation to
support safety improvements of the Highway 10 corridor adjacent to the
subject right-of-way.
2. Vacation of the public right-of-way easement described in Exhibit A shall be
effective at the time of recording of the document.
3. Recording of the document shall be coordinated with MnDOT to ensure the
vacation is reflected in their construction schedule.
Passed and adopted this 19th day of April 2021. 1 0
of J. ietz, . ayor
ATTEST:
Tina Allard, City Clerk
p a V I R E I Ir
NATURE
Exhibit A
That portion of Oxford Ave is vacated which lays south of Line 1, and which lies northerly
of the north line of 5t' St Northwest.
Line 1- from the northwest corner of lot 6, block 2, said WH Houlton's Addition, thence
southeasterly on a line which if extended would intersect the east line of said block 2 at a
point thereon, distance 110 feet northerly of the southeast corner thereof to its intersection
with the west line of Lot 2, said block 2; thence run southeasterly to a point on the east line
of said block 2; distance 100 feet northerly of the southeast corner thereof; thence run
southeasterly of a point on the west line of Block 1, said WH Houlton's Addition, distance
75 feet northerly of the southwest corner thereof.
Pow ERE 0 B Y
NATUR