6.3. SR 10-20-2003Item # 6.3.
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Michele McPhers~rector of Planning
October 20, 2003
Case No. EV 03-05
Request by the City of Elk River to Vacate Cartway South of Elk
River NAPA- Public Hearing
Request
Staff requests that the City Council approve the vacation of the cartway south of the NAPA
store.
Attachments
· Location Map
· Resolution No. 03-
Background
In 2002, the City Council approved an improvement project to connect Yale Street in the
Mississippi Ridge plat to Zane Avenue in the Crossroads plat. This improvement project
realigned Zane Avenue, eliminated a cul-de-sac and also eliminated a crossover of East
Highway 10 at the 175th alignment.
The cartway in question has been utilized for a number of decades as a private driveway for
property located at 11230 173rd Avenue (Kirkeide). Since the construction of the Zane and
Yale connection, Mr. Kirkeide has had direct access to a public street and the cartway is no
longer required to provide access to this residential property.
Memo to Mayor & City Council/EV 03-05
October 20, 2003
Page 2
Analysis
It is unknown as to how the cartway was created. A review of the title work indicates that
property south of the cartway had been sold with the cart-way in retainage by the original
owner at that time. It appears that the cartway came into existence in 1940 under the town
of Elk River.
The owner of the NAPA store is interested in acquiring the cartway in order to allow for an
expansion of the store. It is likely, however, that the cartway will return to the ownership of
Mr. Powell, the adjacent property owner of Outlot B of Mississippi Ridge and the NAPA
owner will be required to acquire the cartway from Mr. Powell.
It is clear that the cartway serves no further public purpose. It would therefore be
appropriate to vacate the cartway.
Recommendation
Staff recommends that the City Council approve Resolution No. 03-
cartway.
, vacating the
S:\PLANNING\Case Files\2003\EV 03-05 NAPA CARTWAYM0-20 cc memo.doc
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RESOLUTION 03 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING CARTWAY
Case No. EV 03-05
WHEREAS, the City of Elk River has requested to vacate such cartway according to law;
and,
WHEREAS,
a public hearing was held on October 20, 2003, before the City Council at
the Elk River Senior High School Little Theater on such petition after due
published and posted notice had been given as well as personal notice to
affected property owners on October 2, 2003 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 cartway described as follows is hereby vacated:
Exhibit A
Adopted by the Elk River City Council this 20th day of October, 2003.
ATTEST:
Stephanie Klinzing, Mayor
Joan Schmidt, City Clerk
S:\PLANNING\Case Files\2003\EV 03-05 NAPA CARTWAY\Resolufion.doc
Exhibit A
Beginning at U.S. HighwayNo. 10 on South side of section line between Section 2 and 11,
Township 32, Range 26, Sherburne County, Minnesota, thence running along the route
following, to-wit: Running one rod South of said section line as center of road, thence West
to the Northeast corner of Lot 2, Section 10, Towmhip 32, Range 26, Sherbume County,
Minnesota, and there terminating a distance of approximately 450 feet.