RES 21-88City of Elk River
ver City Council
Resolution 21- 88
A Resolution of the City Council of the City of Elk River Granting a Petition
to Vacate a Public Street, Utility and Drainage Easement
Case No. EV 21-OS
WHEREAS, a petition has been made by the property owners to vacate the street and
utility easement described in Exhibit A attached hereto; and
WHEREAS, the City of Elk River (easement holder) and CAN Technologies (property
owner) have agreed to plat the property and dedicate right-of-way to replace the easement
outlined in Exhibit A; and
WHEREAS, the Final Plat of Natures Edge Business Center Third Addition dedicates the
necessary right-of-way and will be recorded immediately following the vacation of the
subject easement; and
WHEREAS, a public hearing on said petition was held on November 15, 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 easement will be replaced with the recording of the final plat for Natures
Edge Business Center Third Addition.
2. Vacation of the public easement described in Exhibit A shall be effective at the
time of recording of the document.
Passed and adopted this 15th day of November 2021
Jo J. D'etz, May
AT-f FY
Tina Allard, City Clerk
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NATUPEI
Exhibit A
A strip of land 100.00 feet in width over that part of the Southeast Quarter of the Southeast
Quarter and the Northeast Quarter of said Southeast Quarter and the East 585.00 feet of the
Northwest Quarter of said Southeast Quarter, all being in Section 11, Township 32, Range
26, Sherburne County, Minnesota, the centerline of which is described as follows:
Commencing at the Southwest corner of said Southeast Quarter of Section 11; thence South
89 degrees 26 minutes 45 seconds East, an assumed bearing along the South line of said
Southeast Quarter a distance of 1391.10 feet to the intersection with a line drawn parallel
with and distant 72.20 feet East of the East line of the Southwest Quarter of said Southeast
Quarter of Section 11; thence North 01 degrees 34 minutes 27 seconds East, along said
parallel line, a distance of 1138.39 feet; thence Northerly, Northwesterly, and Westerly, a
distance of 1300.51 feet, along a tangential curve concave to the Southwest having a radius
of 822.00 feet and a central angle of 90 degrees 38 minutes 57 seconds and said centerline
there terminating.
Said strip of land is to extend by its full width from said South line of the Southeast Quarter
of Section 11 to the West line of the East 585.00 feet of said Northwest Quarter of the
Southeast Quarter.
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