RES 24-12City of Elk River
City Council
Resolution 24-12
A Resolution of the City Council of the City of Elk River Granting a Petition
to Vacate a Drainage, Utility, and Right -of -Way Easements,
Case No. EV 24-02
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
easements legally described in Exhibit A ("Easement") and depicted in Exhibit B; and
WHEREAS, a public hearing on said petition was held on February 20, 2024, 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 Easements are appropriate as the maintenance access and
rights provided by them will be replaced by right-of-way and easements with the plat of
Bradford Park.
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 easements, 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 20`' day of February 2024.
ATTEST:
Tina Allard, City Clerk
Witz, ' yor
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NAMPEE
Exhibit A
Doc. No. 618644
An 80-foot easement for drainage and utility purposes over, under and across the Owner's
Tract, the centerline of said easement being described as follows:
Commencing at the northwest corner of the South Half of the Northwest Quarter of said
Section 36; thence on an assumed bearing of South 89 degrees 14 minutes 43 seconds East,
along the north line of said South Half of the Northwest Quarter, a distance of 322.82 feet
to the point of beginning of the centerline to be described; thence South 05 degrees 26
minutes 18 seconds West a distance of 186.67 feet; thence southerly a distance of 126.11 feet
along a tangential curve concave to the East, having a radius of 500.00 feet and a central
angle of 14 degrees 27 minutes 03 seconds; thence South 09 degrees 00 minutes 44 seconds
East, tangent to said curve, a distance of 190.78 feet; thence southerly a distance of 130.28
feet along a tangential curve concave to the West, having a radius of 400.00 feet and a central
angle of 18 degrees 39 minutes 40 seconds; thence South 09 degrees 38 minutes 55 seconds
West, tangent to last described curve, a distance of 179.75 feet; southeasterly a distance of
255.00 feet along a non -tangential curve concave to the northeast, having a radius of 200.00
feet and a central angle of 73 degrees 03 minutes 08 seconds and a chord that bears South 30
degrees 08 minutes 43 seconds East and said line there terminating.
Doc. No. 618646
An easement for right of way purposes over, under and across the Owner's Tract which lies
40 feet southerly and parallel with the following described line:
Commencing at the northwest corner of the South Half of the Northwest Quarter of said
Section 36; thence on an assumed bearing of North 0 degrees 22 minutes 43 seconds West,
along the west line of said Northwest Quarter, a distance of 119.71 feet to the point of
beginning of the centerline to be described; thence South 66 degrees 18 minutes 38 seconds
East a distance of 236.14 feet; thence southeasterly a distance of 140.10 feet along a
tangential curve concave to the northeast, having a radius of 350.00 feet and a central angle
of 22 degrees 56 minutes 04 seconds; thence South 89 degrees 14 minutes 43 seconds East,
tangent to said curve and along the north line of said South Half of the Northwest Quarter,
a distance of 1084.73 feet and said centerline there terminating.
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Exhibit B
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