98-065 RESRESOLUTION 98 - 65
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING STREET DRAINAGE AND UTILITY
EASEMENT
Case No. EV 98-2
WHEREAS,
the property owner abutting the street drainage and utility
easement has requested the City Council in a petition dated April
13, 1998, to vacate such easement according to law; and,
WHEREAS,
a public hearing was held on June 15, 1998, before the City
Council at the Elk River City Hall on such petition after due
published and posted notice had been given as well as personal
notice to affected property owners on June 5, and all persons
interested were given an opportunity to be heard; and,
WHEREAS, it appears that it will not be in the best interest of the City to approve
such petition.
NOW, THEREFORE, BE IT RESOLVED that such petition to vacate the street,
drainage and utility easement described on Exhibit A is hereby
denied based on the following findings:
The right-of-way provides a buffer between the industrial
uses and outdoor storage area north of the railroad tracks
and Highway 10.
The right-of-way provides an opportunity to extend utilities
under the railroad tracks for future connections of utilities
between the north side of the railroad tracks and the south
side.
Adopted by the Elk River City Council this 15th day of June, 1998.
ATTEST:
/S~ndra Thackeray, City
/~-I ~ n rp u i'~s"~a n, Mayor'
\\elkriver\sys\shrdoc\documentXresoluti\ev98-2.doc
EXHIBIT A
All that part of a strip of land, being an unnamed street, shown on the, duly recorded plat of
HOULTON'S ADDITION, Sherburne County, Minnesota, lying southwesterly of the
Southwesterly line of the right-of-way of the Great Northern Railway (now Burlington
Northern Santa Fe railroad); lying northeasterly of the Northeasterly line of Block 2, said
HOULTON'S ADDITION; lying westerly of the Northerly extension of the Easterly line of
Lot 8, said Block 2; and lying easterly of the Northerly extension of the Westerly line of Lot
2, said Block 2. Said unnamed street being part of the Northeast Quarter of the Southeast
Quarter of Section 33, and part of the Northwest Quarter of the Southwest Quarter of Section
34, both in Township 33, Range 26, said County.