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RES 21-76City of Elk River ver City Council Resolution 21- 76 A Resolution of the City Council of the City of Elk River Granting a Petition to Vacate a Drainage and Utility Easement WHEREAS, vacation of the drainage and utility easement is appropriate as the property originally protected by the easement is no longer needed to be protected; and, WHEREAS, a public hearing on said petition was held on November 1, 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 drainage and utility easement, as described in Exhibit A, is hereby granted, based upon the following Findings of Fact: A. The Council finds the drainage and utility easement described in Exhibit A is no longer a benefit to the public. 2. Vacation of the drainage and utility easement described in Exhibit A shall be effective at the time of recording of the necessary documents. Passed and adopted this 1" day of November 2021. ATTEST: "'�/( L Tina Allard, City Clerk J j j. ietz, ayor [iNATUREI Exhibit A That part of the Drainage and Utility Easement as dedicated on the recorded plat of RENNER FOURTH ADDITION, Sherburne County, Minnesota tying 5.00 feet northerly and 5.DO feet southerly of the comrror, lot Ifne of Lots 4 and 5, Block 1, said RENNER FOURTH ADDITION and lying northwesterly of the following described line and its northeasterly and southwesterly extensions; Commencing at the Southwesterly corner of said Lot 4; thence North 38 degrees 57 minutes 36 seconds West along the Southwesterly line of said Lot 4 a distance of 31.44 feet; thence North 51 degrees 02 minutes 24 seconds East a distance of 5.00 feet to the point of beginning of the line to be described; thence South 51 degrees 02 rninutes 24 seconds 'Nest a distance of 10.00 feet and said line there terminating. Except the rortheriy 5.QD feet of said Lot 4 and said Lot 5. Area of drainage & utility easemert to be vacated = 2161 sq. ft. or 0.05 acres e a I I a I I I NATURE