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6.4. SR 10-16-2000 . City of ~ Elk Item #6.4 MEMORANDUM FROM: The Mayor and City Council Stephen Wens man, Planner 'J vJ October 16,2000 DATE: SUBJECT: Road Right-of-Way Vacation Request by Dynamics, Lamm and Dehrer, Public Hearing Case No. EV 00-7 Request Dynamics, Lamm and Dehrer request the vacation of a portion of the 212th Avenue right-of-way at the entrance to Windor Park. . Location 212th Avenue NW, Windsor Park subdivision, Elk River, MN. ZoninelLanduse aUa) Sine:leFamily R~sidentiaJ) / LR (Low Density Residential) Attachments . Location map . Right of Way Exhibit . Proposed monument sign . Howard R. Green Memorandum . Resolution Overview The developers of Windsor Park would like to place a development monument sign in the center island at the intersection of 212th Avenue and Elk Lake Road. The island was created in order to save existing trees and was not part . of the original plans for the development. With the new road configuration, 13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. TDD & Phone (763) 441-7420. Fax (763) 441-7425 Memo to the City CounciVEV 00-7 October 16, 2000 Page 2 . the best location for a development sign is in the center island that now happens to be road right-of-way. The City ordinance prohibits the construction of signs in the public right of way, so a right-of-way vacation is needed. The proposed sign will be similar to the monument sign now in the Windsor Woods development. A sketch of the proposed sign has been attached. Maintenance The center island and the monument sign will be require maintenance by the Windsor Park Homeowners Association. An amendment to the legal documents will be required that references the legal description of the center island and maintenance. Recommendation Staff recommends that the City Council approve Resolution 00-_ to vacate a portion of 212th Avenue NW with the following conditions: 1. THAT THE WINDSOR PARK HOMEOWNERS ASSOCIATION WITH AMENDED LEGAL DOCUMENTS MAINTAINS THE ISLAND. . . \ \elkriver\sys \shrdoc \planning\stevewen \ccmmo \evOO-7 . doc '~ ~ r~ l. . r~1 -\J (- ); City of "!i _ Ell{ River f ~ -=-- Ie ~. i +~ ;.c- I I, - "t - ~ .~ ~~~ '....... .'J. , ..b~F.. . \ · J .... L.JII ~J' ~.(n ] . ,0/" .! . . I.J .;' ...;:::: ".r.I.I' 13065 Orono Parkway. P.O. Box 490 Elk River, MN 55330 ':' LOCATION """ .' 'r-h .r//N ~I ~~ · -(;di~ G~ Ii ~ · ~~---/. '! ~ fl. ~-:. ,.;,~ 'X, ~~ ~ '" - -;w ) .~ .~.;I. ff . ~ ~ . ~ ~fftJ ~ ~ '1-:-;( -y ~ ;X~1J>' .~' . ,",'J .' I ,"v . 1-,. V/ ~ p~F/~:t-~J, I:. <l:!.cW '1; '1-..' · ~~ Q;fL . ~:.J . " . . I i nK~" ~~~- : I i 'Yf\~. dlr_ : .. (' \, AQ I- J-~ ~~ , I ~~0 " \ , (1 """- I1J~ / ~" 7 I ~ ~ ;,:~ 'l;~ ~!Y I. 'J "-- wo~ - I ~t? In reA .-/ . I . __~~a ..~I I -11 I ~ "- ~H irP 1 I / -- , '--- - ,.: ~... I . LOCATION MAP N CASE: EV 00-7 1/' )of. , 09/27/2000 14:43 7634415665 JOHN OLIVER & ASSOC PAGE 03/03 .. (.) J..-- o ~ :::, o I' I / I / I I I I II ,..... I I I lC) 'z, ;: F5 '1-1 ../ O'~a -, ......: . 00:',_ ..... "" 'of Ol' '-" {":::~ I' II a-'- -I, Q:: 0.-' 0",,' ',_ . Co I ! i --. r I . i l , " .~ ~,-' I .., . , r ~ OJ .J ~) - t:J . t ~ _It.H..H:1=rtrn..- ~. ~ 1 -,:_ .::.,. '''l . . -~... te"d ~e98t~~~t9 crN~1 PUD N~IS3cr S~IW~N^cr W~ 6~:6e 1 t , \1,. tJ J '. ~ t . . . Howard R. Green Company CONSULTING ENGINEERS October 6, 2000 File: 808540J-0240 Mr. Steve Wensman City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330-0490 RE: WINDSOR PARK ADDITION RIGHT-OF-WAY VACATION Dear Mr. Wensman: As requested, we have reviewed the legal description prepared by John Oliver & Associates describing the entrance median for the Windsor Park development. As you are aware, the Developer has requested that the median itself be vacated so that he can install an entrance monument in the median. Entrance monuments are not allowed within public rights-of-way. The Windsor Park Addition is a clustered development where the Homeowners Association will be responsible for maintenance of the landscaping in this entrance median. We see no problem with vacating the right-of-way contained within the median for purposes of installation of an entrance monument. We have reviewed the site and believe a monument can be installed that will not hinder any site distances entering or exiting the development. We have reviewed the legal description prepared by John Oliver and Associates, and have talked to Jim Klien regarding how it was written. Mr. Klien indicated that he had his survey crew actually locate the curb and gutter surrounding the island. The description is written such that the curb and gutter around the island falls within what will be retained as public right-of-way. Everything behind the curb and gutter in the median area is included in the description proposed to be vacated. In conclusion, we believe the legal description is accurate and would recommend vacation of this portion of the right-of-way. If you have any questions, please call. Sincerely, Howard R. Green Company ~frllaruW Terry J. Maurer, P.E. TJM:tw C:\WINDOWS\Temporary Internet Files\Content.lE5\JX2LFJXX\Ltr 10-06-00 Wensman[1].doc 1326 Energy Park Drive. St. Paul, MN 55108 . 651/644-4389 fax 651/644-9446 toll free 888/368-4389 . RESOLUTION 00 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING ROAD RIGHT-OF-WAY Case No. EV 00-7 WHEREAS, the property owner abutting the road right-of-way has requested the City Council in a petition dated September 27,2000, to vacate such easement according to law; and, WHEREAS, a public hearing was held on October 16, 2000, 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 October 6, 2000, 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 road right-of-way described as follows is hereby vacated: . See Attached Exhibit A Adopted by the Elk River City Council this 16th day of October, 2000. Stephanie Klinzing, Mayor ATTEST: Sandra Peine, City Clerk . S:\DOCUMENT\RESOLUTI\EVOO-6.DOC . . . EXHIBIT A Legal Description for vacation of part of 212th A venue Northwest That part of 212th Avenue Northwest in the duly recorded plat of WINDSOR PARK, Sherburne County, Minnesota, described as commencing at the intersection of the centerline of said 212th A venue Northwest and the centerline of County State Aid Highway No. 1 (Elk Lake Road Northwest) as shown on said plat of WINDSOR PARK; thence North 58 degrees 04 minutes 51 seconds West, plat bearings, along said centerline of212th Avenue Northwest, a distance of 199.68 feet; thence North 31 degrees 55 minutes 09 seconds East a distance of 24.50 feet to the Point of Beginning of the tract to be described; thence South 58 degrees 04 minutes 51 seconds East a distance of 132.37 feet; thence southerly a distance of 29.87 feet, along a tangential curve concave to the west, having a radius of 14.00 feet, and a central angle of 122 degrees 13 minutes 51 seconds; thence westerly a distance of 29.24 feet, along a tangential comyound curve concave to the north, having a radius of 29.00 feet, and a central angle of 57 degrees 46 minutes 09 seconds; thence North 58 degrees 04 minutes 51 seconds West, tangent to last described curve, a distance of 45.14 feet; thence North 73 degrees 43 minutes 23 seconds West a distance of 51.92 feet; thence North 58 degrees 04 minutes 51 seconds West a distance of 24.83 feet; thence North 53 degrees 11 minutes 53 seconds West a distance of 123.91 feet; thence northerly a distance of 41.60 feet, along a tangential curve concave to the east, having a radius of 14.00 feet" and a central angle of 170 degrees 14 minutes 31 seconds; thence South 62 degrees 57 minutes 22 seconds East, tangent to last described curve, a distance of 124.19 feet to the Point of Beginning.