RES 22-27of
U
`W� = City of Elk River
ver City Council
Resolution 22-27
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
owner is re -platting the area willreplace the easements with the appropriate similarly located
easements along the perimeter of the property; and,
WHEREAS, 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 May 16, 2022, 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.
B. The required drainage and utility easements will be replaced with the plat of
Aggregate Commercial Sixth Addition.
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 16" day of May 2022.
ATTEST '
Tina Allard, City Clerk
J ,l i J. ietz, Yor
NA NATURE
Exhibit A
That part of Lot 1, Block 1 AGGREGATE COMMERCIAL FIFTH EDITION, according to
the recorded plat thereof, Sherburne County, described as follows:
Commencing at the southeast corner of said Lot 1; thence North 0 degrees, 13
minutes, 41 seconds East assumed bearing along the east line of said Lot 1 a
distance of 256.14 feet to the point of beginning of the land to be described;
thence North 27 degrees 45 minutes, 3 seconds West along said east line a
distance of 966.84 feet; thence South 38 degrees 49 minutes 42 seconds West
a distance of 10.90 feet to the intersection with a line 10 feet southwesterly of
and parallel to said east line; thence South 27 degrees, 45 minutes, 3 seconds
East, along the last described line a distance of 960.02 feet; thence North 77
degrees 0 minutes 42 seconds East a distance of 10.02 feet to said point of
beginning.
I O 1 E N E I 1 1
NATURE