RES 25-62City of Elk River
City Council
Resolution 25-62
A Resolution of the City Council of the City of Elk River Granting a Petition
to Vacate a Roadway 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 October 20, 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 roadway easement is appropriate as the requested
area to be vacated is larger than what is required for the existing street, and
WHEREAS, the plat of Prairie Haven will dedicate right-of-way consistent with city
standards.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
1. The petition to vacate the roadway easement, as described in Exhibit A, is
hereby granted, based upon the following Findings of Fact:
A. The Council finds the easement described in Exhibit A is no longer a
benefit to the public as the plat of Prairie Haven will dedicate right-of-
way for 1921/z Avenue NW.
2. Vacation of the drainage and utility easements described in Exhibit A shall be
effective at the time of recording of the necessary documents.
PI1EIEI I
ATURE
Passed and adopted this 201h day of October 2025.
ATTEST:
Tina Allard, City Clerk
Iij. i e t z yor
PO11RII 11
NATURE
Exhibit A
Road Emmot r' i I
Parcel A; Ogden Avenue right of way
The West 33 feet of that part of the East Half of the Northeast Quarter of the Southeast
Quarter if Section 30, Township 33, Range 26, lying Northerly of the Northerly railroad
right—of—way and lying southerly of a lure 166 feet northerly and poraflel to the northerly
right of way, sold described land being commonly known as Ogden Avenue.
Parcel a,
All that part of the .East Half of the Northeast Quarter of the Southeast Quarter of Section
30, Township 3., Range 26 lying Easterly of the above —described Parcel A, Northerly of the
Northerly railroad right of way and lying southerly of the following described line.
Beginning at a point on the East line of the Southeast Quarter of Section 30 a
distance of 66 feet North of the Northerly rofirood right—of—way, thence Westerly
porallel with the Northerly railroad right—of—way to point on the West line of the East
300 feet of the Southeast Quarter of said Section 30, a distance of 66 feet Northerly
of sold railroad right—of—way, thence Northwesterly to a point on a line parallel with the
railroad right—of—way a distance of 166 feet Northerly (as measured parallel with the
East line of said Southeast Quarter) of said railroad and llii feet (as measured along
said parallel line) distant East from the East lime of the above —described Parcel A;
thence Westerly along sold parallel line to the East line of the obove—described Parcel A
and there terminating.
Reserving, however, to the Grantor a permanent easement for public roadway and utility
purposes avLw, under and across and through the entirety of Parcels A and B described
above.
I9,OIEIEI 11'