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RES 21-77City of Elk River City Council Resolution 21-77 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 utility located within the easement will be relocated and the protection afforded by the easement is no longer required; 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: Tina Allard, City Clerk u J J. D etz, May r f 0 1 F a I I a NATURr Exhibit A The Drainage and Utility Easement over the north 30 feet of Outlot A, as dedicated on the plat of WEST OAKS, according to the recorded plat thereof, Sherburne County, Minnesota. �O.�EAE1 �r [NATURE]