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RES 17-11�Resolution 17- 11 A, Resolution of'the City of Elk River Authorizing the Conveyance of Right - of -Way to ER Ventures LLC WHEREAS, Ventures) the fee owner of the property to be platted as FR Ventures Addition ("Plat") abutting Zanc Street;and WHEREAS, I �IR Ventures requested vacation of that portion of the. Zane Street right -of - I., way legally described in F,xhlbit A, attached hereto, for developnient of the plat; and WHEREAS, -vacation of the riLyht-of-wav described is appropriate to establish consistency in the right -of way along Zane Street and to accomirlodate the proposed parking with the proposed development of the Mat to comply with city code; and WHEREAS, a public hearing was held on August 15, 2016, before the Cite., Council of the I City of Elk River on the petition after published and posted notice had been gi-v en, and all persons interested were given an opportunity to be heard at the public hearing; and. WHEREAS, the CIty Council approved the easement vacation by a 4-0 vote; and WHEREAS, the petitioner has requested a quit clairri deed to clear all title issues related to the vacated right ofway and any interest the City inay have in the property legally described in F"xiiibit A for development of the Plat; NOW, THEREFORE, BE IT RESOLVED by the City Couucil of the City oaf blah River, Minnesota, as follows: 'I'lic ('try Council finds that com-cyarice of the iacated right-of-way has no relationship to the comprehensive rriunicipal plan. The requirements of Nfinn. Star. §462.356 are hereby dispensed with; and. 2, The Mayor and City Clerk are hereby authorized to execute and deliver a quit clairn deed from the city to E, R Ventures for the vacated right -of way upon simultaneous recording of the F'R Ventures Addition Plat. P a' I P, I P I V Passed and adopted this 6" day of March 2017. ATTEST: Tina Allard, City C erk "m jo ). Ietz, Mayor P OLE E R E f B Y 7EXHIBIT A VACAMN OF PART OF ZANE STREET That part of Zane Street, as dedicated in the plat of Elk Rivet Crossing, a duly recorded plat thereof on file and of mord in the Office of the County Recorder, Sherburne County, Minnesota, described as follows' Commencing at the Northwest Corner of Section 2, Township 32 North, Range 26 West, said point being an angle point on the south line of Lot 5, Block 1, of Elk Rivet Crossing, Thence South 1 degrees 24 minutes 39 seconds West on an assumed bearing along the West line of the Northwest Quarter of the Northwest Quarter, also being a westerly line of said Lot 5, a - -- distance of 100.02 feet, to an angle point on the south line of said Lot 5; thence South 89 degrees 51 minutes 26 seconds East, along a south line of said Lot 5, a distance of 200.05 feet, to the westerly right of way line of Zane Street as platted in Elk River Crossing, and the point of beginning of the area to be vacated; thence continuing South 89 degrees 51 minutes 26 seconds Lust, along the easterly extension of the southerly line of said Lot 5, a distance of 22.41 feet; thence South 0 degrees Ol minutes 47 seconds West, a distance of 268.49 fbet; thence 105.97 feet Southerly, along a tangential curve, concave to the west, having a central angle of 7 degrees 13 minutes 42 seconds and a radius of 840.00 feet; thence South 7 degrees 15 mimrtes 29 seconds West, tangent to said curve, for a distance of 228.91 feet; thence 28,06 feet southerly, along a tangential curve, concave to the east, having a central angle of 5 degrees 50 minutes 5o seconds and a radios of 275.00 feet, more or less, to the westerly right of way line of said Zane Street; thence North 1 degrees 24 minutes 39 seconds East, along said westerly right of way line of Zanc Street, a distance of 629.47 fact, to the point of beginning, Area +1- 12,928 sq. ft. +1- 0.29 sc. Created 7-28-2016 REV 2-16-2017 • ND'CE: ELK RIVER CROSSING WAS SUBSEQUENTLY REPIATTED AS ELK RIVER CROSSING 4TH ADDITION. THE ROAD ZANE STREF'T WAS CREATED 1N THE PLAT OF ELK RIVER CROSSING. I HEREBY CERTIFY THAT THM PLAN, SURVEY OR REPORT WAS DUFFY PREPARED BY AME OR UNDER HY DIRVC7 SUPERVISION AND THAT ENGINEERING & I Ali A DULY LICEINUED LAND SURVEYOR UNDER THE LAWS OF ASS'GCIATES, INC THE STATE OF IIINNESOTL PAGE 350 HIGHWAY 10 SOUTH 9T. CIDUD. MX 5ti3D4 BARRY R DOMMEN 1 PHONE (320) 268-1294 PAX (920) 203-1234 DATE 2-16-2018 I.iCMM No. 23044 PQ€:IRE'Q i1Y NWS/4 NW1/4 S eg-fil,w E "--,EXHIBIT A I AKA A WLY UNE— C 0 N NE CORNER SOUTH LINE OF NORTH LINE SEC 3, T32, R28 LOT 5, BLOCK 1 NW 1/4 NW 1/4 AKA NW CORNER- ELK RIVER CROSSING g SEC 2, T32, M26 SEC 2, T32, R26 R=1�40. .90 A== 07*13 42" 22.41 CIM PROPOSED ZANE STREET S 89*51'26"WESTERLY R.O.W N —1 _200�05 ZANE STREET WEST LINE 60 E:X RIVER CROSSING NWS/4 NW1/4 S eg-fil,w E I I AKA A WLY UNE— C 0 N LOT 5. BLOCK I SOUTH LINE OF C 0 :..,: ELK RIVER CROSSING LOT 5, BLOCK 1 PRELMNARY PLAT ELK RIVER CROSSING - ---------- OF ER VEINTURES R=1�40. .90 A== 07*13 42" PROPOSED ZANE STREET VACATION EAST LINE OF 0 50 100 WEST 165 FEET -ti M/4 NWI/4 ro ca SCALE: I" = IDO' 7R=275 h---05'.06 5050" L-26 60 z to rA / � /I *NOTE: ELK RIVWAS SUBSEQUENTLYER REPLATTEDCROSSING AS ELK ZA3_;h; NE STRr RIVER CROSSING 4TH ADDITION. THE ROAD ZANE STREET WAS CREATED IN VACATION 60 THE PLAT OF ELK RIVER CROSSING. I MM CERTRFY THLT TE39 PLAN SURVEY OR REPORT WAS DUFFY PREPARED BY ME OR UNDER MY DIRECT SUPERVMN AND THAT I Alff A DULY LTCENM LAM SURVEYO LINDEt no LAWS or ASSOCIATES ENGINEERINC IN & THE ETA= , C PAGE 350 HIGHWAY 10 SOUTH ST. CLOUD, NN. 50304 HARRY It DDIMI 2 PHONE (320) 959-1234 FAX (320) 203-1234 DATE 2-10-2017 MCENSE NO. 23044 `� rp" 0 11 R I By t�, .,Nr v r WINE PRELMNARY PLAT - ---------- OF ER VEINTURES R=1�40. .90 A== 07*13 42" EAST LINE OF 0 50 100 WEST 165 FEET -ti M/4 NWI/4 00 SCALE: I" = IDO' 7R=275 h---05'.06 5050" L-26 / � /I *NOTE: ELK RIVWAS SUBSEQUENTLYER REPLATTEDCROSSING AS ELK ZA3_;h; NE STRr RIVER CROSSING 4TH ADDITION. THE ROAD ZANE STREET WAS CREATED IN VACATION 60 THE PLAT OF ELK RIVER CROSSING. I MM CERTRFY THLT TE39 PLAN SURVEY OR REPORT WAS DUFFY PREPARED BY ME OR UNDER MY DIRECT SUPERVMN AND THAT I Alff A DULY LTCENM LAM SURVEYO LINDEt no LAWS or ASSOCIATES ENGINEERINC IN & THE ETA= , C PAGE 350 HIGHWAY 10 SOUTH ST. CLOUD, NN. 50304 HARRY It DDIMI 2 PHONE (320) 959-1234 FAX (320) 203-1234 DATE 2-10-2017 MCENSE NO. 23044 `� rp" 0 11 R I By t�, .,Nr v r WINE