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RES 26-48City of Elk01%w-~(_ River City of Elk River City Council Resolution 26-48 A Resolution of the City Council of the City of Elk River Granting a Petition to Vacate Drainage and Utility Easements on Lot 12, Block 2, Meadowsweet Bend 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 I by vacation, the Elk River City Council has conducted a hearing to consider the vacation of drainage and utility easements legally described on the attached Exhibit "A" ("Easement"); and WHEREAS, a public hearing on said petition was held on July 6, 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, vacation of the Easement is appropriate as the protections established with the existing easements will be replaced with the plat of Meadowsweet Bend Second Addition, and WHEREAS, the plat of Meadowsweet Bend Second Addition includes all required drainage and utility easements required by city standards. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Elk River, Minnesota, as follows: The petition to vacate the drainage and utility easements, 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 Meadowsweet Bend Second Addition will dedicate all required easements. 2. Vacation of the drainage and utility easements described in Exhibit A shall be effective at the time of recording of the necessary documents. Passed and adopted this 6th day of July 2026. 1 r hn . Dietz , ayor ATTEST: Jus fiDunfor , City Clerk EXHIBIT A Legal Description All drainage and utility easements within Lot 12, Block 2, Meadowsweet Bend, Sherburne County, Minnesota. EXHIBIT A Legal Description Parcel 1: Outlot A, Meadowsweet Bend, Sherburne County, Minnesota. Parcel 2: Outlot E, Meadowsweet Bend, Sherburne County, Minnesota. Parcel 3: Outlot A, Meadowsweet Hills, Sherburne County, Minnesota. Parcel 4: Outlot D Meadowsweet Bend, Sherburne County, Minnesota. Parcel 5: Lot 12 Block 2 Meadowsweet Bend, Sherburne County, Minnesota. Abstract Property EXHIBIT B Conditions of Approval 1. Council approval of a Development Agreement outlining the responsibilities of the city and developer. 2. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of public improvements. 3. Upon completion of all improvements and acceptance by the city, a security or warranty in a form acceptable to the public works director must be secured. 4. The Development Plan shall be approved by the public works director prior to the issuance of building permits. 5. Staff approval of all site, civil, and landscaping plans. 6. Park Dedication Fee will be paid at a prorated amount based on the land dedication outlined in the preliminary plat approval. 7. Any item or condition found that indicates the site is likely to yield information important to prehistory or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. 8. A sanitary sewer extension fee of $9,030/lot shall be paid at the time of platting. 9. The city must review the HOA documents regarding the long-term maintenance plan for the private sanitary service. 10. The easement vacation for Lot 12, Block 2, Meadowsweet Bend must be approved by the City Council and recorded prior to the final plat.