RES 16-07WAIN
City Council
Yr' R' Zli�oe
W;e Nile -11,
A Resolution of the City Council of the City of Elk River Granting a Petition to
Vacate a Public Street
WHEREAS, a petition has been made bv, the adjacent property owners to vacate the public street
described in Exhibit 21 attached hereto,- and,
WHEREAS, a public hearing on said petition was held oil Januarys 4, 2016, before the (.'JtVr
Council of the City of 1;1k Rii,cr after published and posted notice bad been given,
and all persons interested were given an opportunity to be heard at the pub.lic
hearing.
NOW, THEREFORE, BE IT RESOLVED by the (:try, Council of the ("try of Elk luver,
Minnesota, as follows:
1. ']"he petition to vacate the public street described in 1,,,xh1b1t ,�N is hereby granted based Upon
the following Findings of Fact:
A. Minnesota Statutes, Section 412.851, allows for the vacation of a public street if It
appears in the interest of the public to do so.
13, The Council finds that it is in the interest of the public to vacate the portion of 'York
Street described in Exhibit Yk because N,,acation of this public street w11
(1) Eliminate possible lawsuits due to hazardous structures at the shoreline, and injuties
and drownings due to lack of proper city sLipenvision.
(2) F"lin-.Linate snowniobiles entering and exiting Lake Orono.
(3) Eliminate the shoreline being used in an improper, lewd and unlawful Mallner.
(4) "'I'liminate parking can the city easement.
(5) prevent increased traffic and parking on Main Street.
(6) F ' lirniriate city maintenance and clean up oil the easement.
(7) Increase the real estate taxes can the property due to the fact a city road casement is
not taxed, but a vacated street is taxed to the adjoining property owners.
(8) Finalize city and property owner's rights so that there will not continue the
tremendous urne expended by the staff and the City Council for the hearings on this
vacation matter,
2. Vacation of the public street described in Exhibit A shall be effective at the time of
recording of the document.
[P 0 1 E a 11 0 X V I
NATURE
Passed and adopted this 19" day of) anuary, 2016.
100J. dietz' 4a)r
ATFEST:
Tina Allard, C iry Clerk
Exhibit A
That portion of York Street, formerly known as Oak Street, twnveen Blocks 2 and 3. Map of Orono
(Sherburne CounLy)
P a I I R I a 8 —acsa
v
INIATURE
A.
Z� '.)
7
rti
P a I I R I a 8 —acsa
v
INIATURE