RES 20-71 City of
�� City of Elk River
River City Council
Resolution 20- 71
A Resolution of the City Council of the City of Elk River Granting a Petition
to Vacate Public Rights-of-Way and Drainage and Utility Easements
Case No. EV 20-06
WHEREAS, a petition has been made by the adjacent property owners to vacate the
public rights-of-way and drainage and utility easements described in Exhibits A &B attached
hereto;and,
WHEREAS, a public hearing on said petition was held on October 19,2020,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 and easements 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 rights-
of-way and easements if it appears in the interest of the public to do so.
b. The rights-of-ay easements were dedicated for a roadway that has been
removed with no plans to reconstruct in place.
c. Vacation of the rights-of-way easements and will facilitate development
of the existing parcels.
d. Therefore, the City Council finds vacation of the rights-of-way and
easements to be in the public interest.
2. The petition to vacate the drainage and utility easements described in Exhibit B
is hereby granted as the utilities within the easements are no longer present and
new drainage and utility easements will be dedicated with the final plat of Orono
Park Addition.
3. Vacation of the public rights-of-way and drainage and utility easements described
in Exhibit A and B shall be effective at the time of recording of the document.
Passed and adopted this 19th day of October 2020.
Wqt
ATTES"
�f
NATUREI
Tina Allard, City Clerk
Exhibit A
PROPOSED RIGHT OF WAY VACATION DESCRIPTION:
That part of Gary Street as dedicated on the recorded plat of CIVIC CAMPUS
ADDITION, Sherburne County, Minnesota, lying southeasterly of the following described
line:
Commencing at the Northwest corner of Lot 1,Block 3,GOSPODOR'S ORONO LAKE
ADDITION, Sherburne County, Minnesota;thence South 88 degrees 34 minutes 11
seconds East,assumed bearing along the North line of said Lot 1,a distance of 126.68 feet
to a corner of said Lot 1 and the point of beginning of the line to be described;thence
continue South 88 degrees 34 minutes 11 seconds East, a distance of 124.12 feet; thence
Northeasterly and Northerly a distance of 342.36 feet along a tangential curve concave to the
Northwest, having a radius of 216.00 feet and a central angle of 90 degrees 48 minutes 50
seconds and said line there terminating.
AND
That part of Main Street and Orono Road as dedicated on the recorded plat of
GOSPODOR'S ORONO LAKE ADDITION, Sherburne County,Minnesota,AND that
part of Main Street/Orono Road lying in the Northwest Quarter of the Southeast Quarter
and the Northeast Quarter of the Southwest Quarter,both being in Section 32,Township
33,Range 26, said Sherburne County,lying west of the northerly extension of the West line
of Lot 1,Block 2, said GOSPODOR'S ORONO LAKE ADDITION and southeasterly of
the following described line:
Commencing at the Northwest corner of Lot 1,Block 3, said GOSPODOR'S ORONO
LAKE ADDITION;thence South 88 degrees 34 minutes 11 seconds East, assumed bearing
along the North line of said Lot 1,a distance of 126.68 feet to a corner of said Lot 1 and the
point of beginning of the line to be described;thence continue South 88 degrees 34 minutes
11 seconds East, a distance of 124.12 feet;thence Northeasterly and Northerly a distance of
342.36 feet along a tangential curve concave to the Northwest,having a radius of 216.00 feet
and a central angle of 90 degrees 48 minutes 50 seconds and said line there terminating.
iNATURE]
0 W E 0 E 0 B r
Exhibit B
PROPOSED DRAINAGE &UTILITY EASEMENT VACATION DESCRIPTION:
All those drainage and utility easements as dedicated on the recorded plat of GOSPODOR'S
ORONO LAKE ADDITION NO.1, Sherburne County,Minnesota, over,under and across
Oudot A and Lot 1, Block 1, said GOSPODOR'S ORONO LAKE ADDITION NO.1.
All those drainage and utility easements as dedicated on the recorded plat of CIVIC
CAMPUS ADDITION,Sherburne County,Minnesota, over, under and across Lot 3,Block
1, said CIVIC CAMPUS ADDITION.
p0wIR € 9 sr
NATURE