RES 26-54City of
Elk
Rivers
City of Elk River
City Council
Resolution 26-54
A Resolution of the City Council of the City of Elk River Granting a Petition to Vacate Drainage
and Utility 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 easement legally described and depicted on the
attached Exhibit "A" ("Easement"); and
WHEREAS, a public hearing on said petition was held on August 17, 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 drainage and utility easements is appropriate as the storm pipe located
within the easement will be relocated and the easement will no longer be required, and
WHEREAS, vacation of the drainage and utility easements is appropriate as the property line between
the two parcels will be adjusted and easements separating the two parcels are no longer required, and
WHEREAS, new drainage and utility easements will be established with the documents establishing the
new parcel boundaries and across the relocated storm pipe together with a necessary consents for
encroachments of a Northern Natural Gas Company pipeline easement and construction of the
relocated.
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 easements, as legally described and depicted in
Exhibit A, is hereby granted, based upon the following Findings of Fact:
A. The Council finds the drainage and utility easements described in Exhibit A is no longer a
benefit to the public as the parcel boundary is being adjusted and new easements will be
established along the new property line.
2. Vacation of the drainage and utility easements described in Exhibit A shall be effective at later of
the date that (i) a drainage and utility easement for the relocated storm pipe together with a
consent by Northern Natural Gas Company to the encroachment of the easement within its
pipeline easement and (ii) the relocated pipe is constructed and accepted by the City.
3. The vacation shall not affect the authority of any person, corporation, or municipality owning or
controlling the electric or telephone poles and lines, gas lines, sanitary and storm sewer lines,
water pipes, mains, hydrants, and natural drainage areas thereon or thereunder, to continue to
maintain the same or to enter upon such way or portion thereof vacated to maintain, repair,
replace, remove, or otherwise attend thereof.
4. The City Clerk is directed to file a certified copy of this Resolution with the Sherburne County
Recorder upon the conditions identified herein being met.
Passed and adopted this 17' day of August 2026.
Mike Beyer, Acting Mayor
ATTEST:
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Justin unf , City Clerk
Exhibit A
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