Loading...
4.4 SR 07-20-2020Request for Action Cty Elk - River To Item Number Mayor and City Council 4.4 Agenda Section Meeting Date Prepared by Consent I July20, 2020 Zack Carlton, Planning Manager Item Description Reviewed by Easement Vacation: Twin Lakes Road & 175th Cal Portner, City Administrator Reviewed by Avenue, Community Housing Development Corporation Action Requested Adopt, by motion, a resolution vacating a portion of the right-of-way at the intersection of Twin Lakes Road and 175"' Avenue and authorize execution of a quit claim deed transferring city interest in the vacated right-of-way to the adjacent property owner. Background/Discussion Case No. EV 20-03 The applicant, Community Housing Development Corporation, proposes to construct a 55-unit apartment building in the FAST — Hillside Estates zoning district at the corner of Twin Lakes Road and 175`'' Avenue. The property is zoned FAST — Hillside Estates and supports high density residential uses, including apartment buildings. The requested vacation would support the existing conceptual site plan and other future uses of the property. However, the 2018 Twin Lakes Road corridor study identifies a future roundabout at this intersection, which would utilize the existing right-of-way. The property across 175"' Avenue is also owned by MnDOT and there is a significant amount of right-of-way available for the improvement. Public Hearing The City Council held a public hearing regarding the requested vacation yk� �9 Figure I `at on June 15, 2020. The applicant spoke in support of his project and addressed staffs recommendation of denial. He noted the vacation would allow his project to better utilize the site and better activate the street by fronting more of the proposed building along Twin Lakes Road. Without the vacation, the proposed site plan will not be feasible. The Elk River Vision A nelcoming community nvith revolutionary and spirited resourcefulness, exceptional p o w E A E u s r service, and community engagement that encourages and inspires prosperity ,� g /� The City Council closed the public hearing and discussed potential intersection improvements for this site. Council directed staff to return with a sketch of a roundabout on this site and asked the public works director attend the meeting to address additional questions regarding future improvements. The applicant submitted an updated vacation request on July 1, 2020, and staff made a recommendation to vacate a portion of the update vacation request during the Council meeting on July 6, 2020. Council reviewed the updated vacation request and directed staff to prepare a resolution approving the staff recommended right- of-way vacation, and to return on July 20, 2020, with the required resolution. The resolution also authorizes staff to execute a quit claim deed conveying any remaining city interest in the parcel to the adjacent property owner. Financial Impact None Statutory Review Period Per State Statute �15.99, the required 60-day review period was extended to August 26, 2020. Attachments ■ Location Map ■ Vacation Resolution ■ Quit Claim Deed N:\Public Bodies\Agenda Packets\07-20-2020\Fina1\4.4 sr CHDC Easement Vacation.docx City of Elk River Resolution 20 - A Resolution of the City of Elk River Vacating and Conveying Right -of -Way to William and Geraldine Graham WHEREAS, a petition has been submitted by the adjacent property owner to vacate that portion of the Twin Lakes Road and 175th Avenue NW right-of-way described in Exhibit A, attached hereto; and WHEREAS, vacation of the right-of-way described is appropriate to establish consistency in the right-of-way along Twin Lakes Road and 175th Avenue NW and to accommodate future development of the adjacent property consistent with the City of Elk River Comprehensive Plan; and WHEREAS, the petitioner has requested a quit claim deed to convey any remaining city interest in the vacated right-of-way to the adjacent property owners; and WHEREAS, the City Council has determined that vacation and transfer of that portion of the Twin Lakes Road and 1751h Avenue NW right-of-way described in Exhibit A has no impact on, or relationship to the Comprehensive Plan; and WHEREAS, a public hearing was held on June 15, 2020, before the City Council of the City of Elk River on the petition after published and posted notice had been given, and all persons interested were given an opportunity to be heard at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, by at least four -fifths vote, as follows: 1. The city's interest in that portion of the Twin Lakes Road and 175th Avenue NW right-of-way described in Exhibit A is hereby vacated. 2. The Mayor and City Clerk are authorized to execute a quit claim deed conveying any remaining interest of the city in the area vacated to the adjoining landowners, William and Geraldine Graham. The motion for adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following against: , whereupon said resolution was declared duly passed and adopted. The following members were present: and the following absent: Passed and adopted this 201h day of July 2020. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk i EXHIBIT A A vacation over, under, and across that part of the Right —of —Way as described in Document Number 699754, being described as follows: That part of the West 474.61 feet of the Southwest Quarter of the Southeast Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota, that lies North of the following described line: Commencing at the Southwest comer of said Southwest Quarter of the Southeast Quarter; thence North along the West line thereof for 755.00 feet to the actual point of beginning of the line to be hereby described; thence East at right angles for 474.61 feet and there terminating. And that lies Easterly and Southerly of the following described centerline: Commencing at the Southwest comer of said Southwest Quarter of the Southeast Quarter; thence South 89 degrees, 37 minutes, 23 seconds West, assumed bearing, along the South line of the Southwest Quarter of said Section 2 for 293.37 feet; thence North 0 degrees, 22 minutes, 37 seconds West for 33.00 feet to a point to be hereafter known as Point "A" for the purposes of this description; thence South 89 degrees, 37 minutes, 23 seconds West parallel with said South line of the Southwest Quarter for 434.95 feet, more or less, to intersect the Northeasterly line of the right—of—way of the Burlington Northern Railroad Company at the actual point of beginning of the centerline to be hereby described; thence return North 89 degrees, 37 minutes, 23 seconds East to said Point "A"; thence Northeasterly and Northerly along a tangential curve to the left, radius 299.87 feet, for a central angle of 88 degrees, 42 minutes, 19 seconds, and a length of 464.26 feet; thence North 0 degrees, 55 minutes, 04 seconds East tangent to said curve for 554.93 feet; thence Northeasterly and Easterly along a tangential curve to the right, radius 317.09 feet, for a central angle of 86 degrees, 49 minutes, 40 seconds, and a length of 480.53 feet; thence North 87 degrees, 44 minutes, 44 seconds East tangent to said curve for 2301.27 feet, more or less, to intersect with and terminate at the East line of said Southeast Quarter of Section 2 at a point thereon a distance of 17.31 feet south of the Northeast corner of the South Half of said Southeast Quarter. Said Right —of —Way to be vacated is more specifically described as follows: Commencing at the southwest corner of the Southwest Quarter of the Southeast Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota; thence North 01 degree 17 minutes 13 seconds East, assumed bearing, along the west line of the Southwest Quarter of said Southeast Quarter, a distance of 755.00 feet; thence South 88 degrees 42 minutes 47 seconds East, a distance of 31.95 feet to the east right—of—way line; thence North 1 degree 16 minutes 46 seconds East, a distance of 126.09 feet to the point of beginning of the right—of—way to be vacated; thence 134.33 feet northerly along a tangential curve concave to the west having a radius of 2848.71 feet and a central angle of 02 degrees 42 minutes 06 seconds; thence 195.93 feet northeasterly along a non —tangential curve concave to the southeast having a radius of 317.09 feet, a central angle of 35 degrees 24 minutes 09 seconds, and a chord which bears North 44 degrees 02 minutes 02 seconds East; thence North 88 degrees 06 minutes 26 seconds East, not tangent to last said curve, a distance of 140.85 feet; thence 430.52 feet southwesterly along a non —tangential curve concave to the southeast having a radius of 284.09 feet, a central angle of 86 degrees 49 minutes 40 seconds, and a chord which bears South 44 degrees 41 minutes 36 seconds West to the point of beginning. RIGHT-OF-WAY VACATION EXHIBIT FOR: Community Housing 1229 Tyler Street NE, Suite 100 Minneapolis, Minnesota 55413 Development Corporation �� PHONE: (612) 466-3300 FAX: (612) 466-3383 SITE LOCATION:17451 Twin Lakes Road NW Egan, Field 5 Nowaac, Inc. WWW.EfNSURVEY.COM Elk River, MN 55330 COM LIGHT 0 2020 By EGAN. FIELD h NOWAK, INC. Land surveyors slots 1872 DRAWING NAME: 39002 RW Vacation —Final.dwg SHEET 1 OF 2 P,0111ERE0 0T NATURE] EXHIBIT A RIGHT-OF-WAY VACATION EXHIBIT ti wl.';R EFi' 175TH AVENUE NORTHWEST CENTERLINE OF 175TH �--NORTH LINE OF EXISTING AVENUE N.W. AND OF TYLER / RIGHT—OF—WAY PER DOC. STREET N.W. PER DOC. NO.'S ,! NO. S 597343 & 699754 597343 & 699754 p� N88*06 26 "E dry— 140.85 —� l 0 � C� �`� L -SOUTH LINE OF EXIS77NG GHQ, G y��1g5' Ay t RIGHT-OF-WAY PER DOC. q a , 140 NO.'S 597343 & 699754 h 0 p t`-AREA CF ti�alk k� phA BE VA�:ATO /tk.6 5 9 L.0 Trite ��\ = 12— �WW �'1 II II NNE Z�� c�=�R o z ,--POINT OF ^ni rri irA^-r ni OAR-- ---� tl ?. 2 l .;vv r r7e n� i y�nh i rh W m BEGINNING OF r` l` RIGHT—OF—WAY Oy U VACATION AREA �`— Dc — — — — — — — — — — — — — 47461------------------ o - --EAST LINE OF EXIS77NG W N r i RIGHT—OF—WAY PER DOC. ly N Z NO. 'S 597343 & 699754 W V — S88 4247 E 31. 95 �347 oM vi n S. W. CORNER OF THE S. W 114 N2 I -OF THE S.E. 114 OF SEC. 2 2 TOWNSHIP 32, RANGE 26 -'� N SUMMARY I hereby certify that this survey, plan, or VACATION AREA report was prepared by me or under my 8,920 sq. ft. / 0.2048 acres supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. LEGEND Date: July 7, 2020 DENOTES RIGHT—OF—WAY AREA TO 0 100 BE VA CAD FROM 7 CLAIM DEED DOC. NO. 6997544 ChristopMer A. Terwedo SCALE IN FEET Minnesota License No. 53536 RIGHT-OF-WAY VACATION EXHIBIT FOR: 1229 Tyler Street NE, Suite 100 Community Housing E FNMinneapolis, Minnesota 55413 Development Corporation �� PHONE: (612) 466-3300 FAX: (612) 466-3383 SITE LOCATION: 17451 Twin Lakes Road NW Egan, Fletd & Nowak, Inc. WWW.EfNSURVEY.COM Elk River, MN 55330 land surveyors since 1872 RKiOOPY1T0 2020 By ECM, FIELD s NOWAK, wa (Top 3 inches reserved for recording data) QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks Business Entity to Individual(s) Form 10.3.4 (2016) eCRV number: DEED TAX DUE: $ DATE: FOR VALUABLE CONSIDERATION, City of Elk River (insert name of Grantor) a municipal corporation under the laws of Minnesota hereby conveys and quitclaims to William A. Graham and Geraldine K. Graham (insert name of each Grantee) (Check only one box.) ❑ tenants in common, ■ joint tenants, real property in Sherburne See attached Exhibit A. (month/day/year) ("Grantor"), ("Grantee"), as (If more than one Grantee is named above and either no box is checked or both boxes are checked, this conveyance is made to the named Grantees as tenants in common.) County, Minnesota, legally described as follows: Check here if all or part of the described real property is Registered (Torrens) together with all hereditaments and appurtenances belonging thereto. The total consideration for this transfer is $500.00 or less. Page 1 of 2 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.3.4 Check applicable box: ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: ) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor City of Elk River (name of Grantor) By: (signature) Its: (type of authority) By: (signature) Its: (type of authority) State of Minnesota, County of This instrument was acknowledged before me on by (month/day/year) (name ofauthorized signer) as (type of authority) and by (name ofauthorized signer) as of City of Elk River (type of authority) (name of Grantor) (Stamp) (signature of notarial officer) Title (and Rank): My commission expires: (month/day/year) THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS (insert name and address) INSTRUMENT SHOULD BE SENT TO: (insert legal name and residential or business address of Grantee) Guaranty Commercial Title, Inc. William and Geraldine Graham 465 Nicollet Mall, Suite 230 17451 Twin Lakes Road Minneapolis, MN 55401 Elk River, MN 55330 File 65453 Exhibit A Legal Description Commencing at the southwest corner of the Southwest Quarter of the, Southeast Quarter of Section 2, Township 3 ,lunge 26, Sherburne County, Minnesota; thence North 01 degree 17 minutes 13 seconds East, assumed bearing, along the west line of this SouthwwestQluaarter of said Southeast Quarter, a distance of 755.00 feet; thence South 88 degrees 42 minutes 47 seconds East, a distance of 31.95 feetto the east right—of—way Nine; thence North 1 degree 16 minutes 46 seconds East, a distance of 126.09 feet to the poinit of beginning of the riglht olf wwcy to be vacated; thence 134.33 feet northerly along a tongentiall curve concave to the west having o radius of 848.71 feet and a: central) angle of 02 degrees 42 minutes f16 seconds„ thence 195.93 feet northeasterly along a nova tangientiail curve concave to this southeast hawing a rodliuws of 317.09 feet, a central angle of 35 degrees 24 minutes tag seconds, and a chord which INaears IhVorth 44 degrees 02 minutes 02 seconds East; thence North 88 degrees 0,6 rninutes ' ' a seconds (East, nottangent to lost said curve. a distance of 140.85 5 feet; thence 4313,5 feet southwesterly along a oru tongientiall curve concave to the southeast hawing a radlluas of 284.09 feet, a central ongle of 86 degrees 49 minutes 40 secondls, and a chord which bears South 44 degrees 41 minutes 3E seconds West to the point. of beginning.