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RES 25-18Of City of Elk River ver City Council Resolution 25-18 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 April 21, 2025, 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 drainage and utility easement is appropriate as the lot lines between the two parcels are being updated with the plat of Carlson Meadow and required easements will be dedicated with the recording of the plat. 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 as the parcel lines are being moved and new easements will be dedicated with the plat of Carlson Meadow. 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 21st day of April 2025. ATTEST: Tina Allard, City Clerk J %ietz,yor r o r E A E I I r NATURE I -T, A / Exhibit A YALE ► - I - = �;. Ly.= COURT A I L_L_i/V;Ir II /I r- - / L- A 1-1 i r , _ r yr iLr /Lei i i`/r r�lt 1 PROPOSED DESCRIPTION: / 170T H AVENUE NORTHWEST c cn G) s 0 1001 �I SCALE IN FEET r O O RIGHT OF ACCESS TO BE VACATED All that part of the drainage and utility easement as delineated and dedicated over, under and across Lot 2, Block 2, MISSISSIPPI RIDGE, according to the recorded plat thereof, Sherburne County, Minnesota, AND All that part of the drainage and utility easement as delineated and dedicated over, under and across Lot 1, said Block 2, lying south of the south line of Lot 1, Block 1, MISSISSIPPI RIDGE SECOND ADDITION, according to the recorded plat thereof, said Sherburne County, AND All that part of the drainage and utility easements as delineated and dedicated over, under and across Lots 2, 3, and 4, Block 1, MISSISSIPPI RIDGE SECOND ADDITION, according to the recorded plat thereof, said Sherburne County AND The limited access as delineated and dedicated on said plat of MISSISSIPPI RIDGE SECOND ADDITION. SURVEYOR'S NOTES: 1. This survey was performed, and the survey map prepared, without benefit of either a title insurance commitment or an attorney's title opinion. The record boundary and easement information (if any) shown hereon is based on information provided by the client. Research of documents affecting title to the property surveyed or adjoining properties has been limited to a cursory review of record information and it is recommended that all title matters affecting this property and survey be reviewed by an attorney or other title professional. SURVEYOR'S CERTIFICATION Ln I hereby certifythat this survey was prepared by me or under my direct supervision and that I am a duly lice ed land surveyor under the laws of the State of Minnesota. u a 03/05/2025 b An ew Hill Date a ©Bolton & Menk, Inc. 2025, All Rights Reserved N License Number 57632 Ln EASEMENT VACATION EXHIBIT LOTS 1 AND 2, BLOCK 2, MISSISSIPPI RIDGE, X YALE COURT, ELK RIVER, MINNESOTA 55330 LOTS2, 3, AND 4, BLOCK 1, MISSISSIPPI RIDGE r�u BOLTON 7533 SUNWOOD DR NW SUITE206 SECONDADDITION Y W & M E N K RAMSEY, MN FOR: CITY OF ELK RIVER 63) 433-285103 JOB NUMBER: 24X.135752.00 FIELD BOOK: DRAWN BY: FRD p0/ENEI II NATURE