RES 23-05City of Elk River
City Council
Resolution 23-5
A Resolution of the City Council of the City of Elk River Granting a Petition
to Vacate a Drainage and Utility Easement
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" ("Easement''); and
WHEREAS, a public hearing on said petition was held on January 17, 2023, 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; and
WHEREAS, vacation of the Easement is appropriate as protections established by the
Easement will be replaced with the recording of a new drainage and utility easement in the
correct location as approved by Sherburne County.
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 a drainage and utility easement in a location approved
by Sherburne County.
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 17th day of January 2023.
Tina Allard, City Clerk
POWERED BY NATURE