RES 23-23of
`�•__� City of Elk River
ver City Council
Resolution 23-23
A Resolution of the City Council of the City of Elk River Granting a Petition
to Vacate Portion of 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 June 20, 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 the small area requested to be
vacated will not impact the city's ability to maintain the utilities protected by the easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
1. The above recitals are incorporated as if fully set forth herein.
2. The petition to vacate the drainage and utility easement, as described in Exhibit A, is
hereby granted.
3. The City Clerk is directed to file a certified copy of this Resolution with the
Sherburne County Recorder. Vacation of the drainage and utility easement described
in Exhibit A shall be effective at the time of recording.
Passed and adopted this 20th day of June 2023.
ATTEST:
Tina Allard, City Clerk
W
I l E i f i I f
NATURE
Exhibit A
That part of that certain Sewer Easement described in Document No. 173027, as of public
record in the office of the Sherburne County Recorder, Sherburne County, Minnesota, that
lies between 2 lines that are distant 14.50 feet and 15.00 feet south of and parallel with a line
described as follows: Commencing at the Northeast corner of Lot 5, Block 1, Elk River
Industrial Park, according to the recorded plat thereof; thence on a bearing of South 22' 56'
East along the east line of said Lot 5, a distance of 89.49 feet; thence North 89' 52' 55"
West, a distance of 29. 60 feet to the Point of Beginning of the line to be described; thence
continuing North 89' 52' 55" West, a distance of 2.00 feet and said line there terminating.
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MATURE