RES 22-46City of Elk River
City Council
Resolution 22-46
A Resolution of the City Council of the City of Elk River Granting a Petition
to Vacate Drainage and Utility Easements
WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks'
published and posted notice of the hearing and after mailing written notice of the hearing at
least ten (10) days before the hearing to each property owner affected by the proposed
vacation, the Elk River City Council has conducted a hearing to consider the vacation of the
easement legally described on the attached Exhibit "A" ("Easements"); and
WHEREAS, vacation of the Easements is appropriate as protections established by the
Easements will be replaced with the recording of the plat of Zachardas Acres; and,
WHEREAS, a public hearing on said petition was held on September 6, 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.
i
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
will be replaced with the plat of Zachardas Acres.
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 6th day of September 2022.
iin J I7ie , Mayor
ATTEST:
4Y
Tina Allard, City Clerk
Exhibit A
Drainage and Utility Easement Vacation Sketch
All of the drainage and utility easements, as created and dedicated over, under, and across Lot 1, Block
14, WINDSOR PARK THIRD ADDITION, according to the recorded plot thereof, Sherburne County, Minnesota.
�C�¢ARLSON ENGINEERING
S � 9 C ( 1 hP ENVIRONMENTAL
3890 PHEASANT RIDGE DRIVE NE, SUITE 100, BLAINE, MN 55449
TEL 793A99.7900 \ FAX M.489.7059 \ CARLSONMCCAIN.COM
2410035_easennent vacation
Denotes Easement
Vacation Area
GRAPHIC SCALE
0 50 100 200
(IN FEET)
(8.5x14 sheet)
NARW