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