RES 26-02City of Elk River
City Council
Resolution 26-02
A Resolution of the City Council of the City of Elk River Granting a Petition
to Vacate Drainage, Utility, and Roadway Easements
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 on the attached Exhibit "A"
("Easements"); and
WHEREAS, a public hearing on said petition was held on January 5, 2026, 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, the vacation of the Easements is appropriate as the requested areas
to be vacated are no longer required, and all required easements and rights -of -way
will be dedicated with the plat of Perkins Acres.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
The petition to vacate the drainage, utility, and roadway easement, as
described in Exhibit A, is hereby granted, based upon the following Findings
of Fact:
A. The Council finds the easements described in, Exhibit Aare no longer a
benefit to the public as the plat of Perkins acres will dedicate right-of-
way and easements required per city standards and previous
approvals.
2. Vacation of the easements described in Exhibit A shall be effective at the time
of recording of the necessary documents.
I I I E I E I 11
NATURE
Passed and adopted this 5th day of January 2026.
ATTEST:
Jolene Richter, Deputy Clerk
J n J. ietz, Mayor
v
P I I I I I I 11
NATUR�
Exhibit A
Document No. 148369 Vacation Description
All that part of the Utility and Public Road easement, as created and dedicated in
Document Number 148369, lying over, under and across the East Half of the
Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section
30, Township 33, Range 26, Sherburne County, Minnesota.
Document No. 148370 Vacation Description
All that part of the Utility and Public Road easement, as created and dedicated in
Document Number 148370, lying over, under and across the East Half of the
Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section
30, Township 33, Range 26, Sherburne County, Minnesota.
Document No. 154752 Vacation Description
All that part of the Utility and Public Road easement, as created and dedicated in
Document Number 154752, lying over, under and across the East Half of the
Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section
30, Township 33, Range 26, Sherburne County, Minnesota.
Document Nos. 155647 & 157129 Vacation Description
All that part of the Utility and Public Road easement, as created and dedicated in
Document Number 155647 and re -recorded as Document Number 157129, lying
over, under and across the East Half of the Northwest Quarter of the Northwest
Quarter of the Northeast Quarter of Section 30, Township 33, Range 26, Sherburne
County, Minnesota.
'erERE� �!
i► TURE