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RES 26-66City of Elk ; River City of Elk River City Council Resolution 26-66 A Resolution of the City Council of the City of Elk River denying 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, the 1978 deed expressly identifies the area as an easement for utility and public road purposes; and WHEREAS, the city's underlying right to utilize the easement as a street remains valid; and WHEREAS, a public hearing on said petition was held on September 8, 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 not appropriate as the easement provides a public benefit, as demonstrated by the county's CSAH 33 realignment project, 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 easements, as legally described and depicted in Exhibit A, is hereby denied, based upon the following Finding of Fact: a. The easement continues to provide public benefit, as demonstrated by the county's CSAH 33 realignment project. Passed and adopted this 5tn day of October 2026. J n J. dietz, yor ATTEST: Justin4Dufogn�,City C erk