RES 25-38City of Elk River
City Council
Resolution 25-38
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 July 7, 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 easement
does not provide a broader public benefit, and its removal is not anticipated to affect current
or future drainage; and
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.
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 7`' day of July 2025.
ATTEST:
Tina Allard, City Clerk
oayor
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