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6.12. SR 06-18-2007 To Ci Council Agenda Section Communi Develo ment Item Description Vacating a Portion of Street, Drainage, and Utility Easements, Requested by the City of Elk River, Case No. EV 07-05 Meeting Date une 18, 2007 Item Number 6.12. Prepared by erem Barnhart, Plannin Reviewed by REQUEST FOR ACTION Reviewed by Action Requested This item has been advertised for a public hearing; therefore, the Mayor is asked to open and close the public hearing. Background/Discussion It was determined that after a number of discussions with the City Attorney and the surveyor who prepared the Civic Campus Addition preliminary plat that the existing 66 ft. easement is effectively private in nature. Due to this, a formal easement vacation does not have to be processed but instead a driveway easement agreement (prepared by the City Attorney) needs to be signed between the owners of the Mathews' property and the City that relinquishes the subject encumbrance and re-establishes easements that will allow a joint access from Orono Road and an additional northerly access driveway. Due to the aforementioned information no public hearing is necessary and the City Council does not have to act on a formal easement vacation. The Mayor is asked to open and close the public hearing. Financial Impact N/A Attachments None Action Motion by _ Second by _ Vote Follow Up S:\pLANNING\Case Files\EV\EV 07-05 City ofER Matthews\Memo to close PH to 7-18-07.doc