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7.8. SR 06-19-1995ITEM 7.8. MEMORANDUM of_.1.~ River TO: Mayor & City Council FROM: Steven B. Ach, City Planner,.~_~_ DATE: June 19, 1995 SUBJECT: Request to Vacate Drainage and Utility Easements by Loucks and Associates, Inc. (Dennis Backes) P.H. Case No. EV 95-4 Issue Consider Resolution 95-_ vacating drainage and utility easements within Meadowvale Heights 2nd Addition. Analysis When Meadowvale Heights 1st Addition was platted, a portion of Outlot C was dedicated as a drainage and utility easement which, at the time, • corresponded with the estimated boundary of the wetlands. When Meadowvale Heights 2nd Addition was final platted, this wetland boundary was re-identified further west than originally estimated. Therefore, the entire drainage and utility easement is no longer necessary given the relocation of the wetland boundary and that portion lying east of the new wetland boundary may be vacated. Attachments • Resolution 95- • Exhibit A Recommendation It is recommended that the City Council approve Resolution 95-_ vacating the drainage and utility easements illustrated on Exhibit A and described in the attached resolution. council:evbackes • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 RESOLUTION 95 - 4 RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING STREET, DRAINAGE, AND UTILITY EASEMENTS WHEREAS, a majority of the property owners abutting the street, drainage, and utility easement have requested the City Council in a petition dated May 9, 1995, to vacate such easement according to law; and, WHEREAS, a public hearing was held on June 19, 1995, 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 9, 1995, and all persons interested were given an opportunity to be heard; and, WHEREAS, it appears that it will be in the best interest of the City to approve such petition. NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and the street, drainage, and utility easement described as follows is hereby vacated: That part of that Drainage Easement shown in the northwesterly area of Outlot C, MEADOWVALE HEIGHTS, • Sherburne County, Minnesota, lying with Lots 1 through 12, inclusive, Block 3, MEADOWVALE HEIGHTS 2ND ADDITION, and which lies southeasterly, easterly and north easterly of the Survey Line shown through said Block 3. Adopted by the Elk River City Council this _ day of , 1995. Henry Duitsman, Mayor ATTEST: Sandra Thackeray, City Clerk s:document:re solution:easemstr