RES 20-40Councilmember Wagner introduced the roLlowing resolution and
moved its adoption:
Resolution 20 - 40
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 175`h 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
Westgaard , and upon vote being taken thereon, the following voted in favor thereof:
Mayor Dietz, Councilmembers Christianson, West aard, Ova and Wagner
and the following against: none , whereupon said
resolution was declared duly passed and adopted.
The following members were present:
westgaard, Uvall, and Wagner
and the following absent: none
or Dietz, Councilmembers Christianson
Passed and adopted this 20"' day of July 2020.
A
n J.. 31�ietz, ,. yor
ATTEST:
Tina Allard, City Clerk
p 0 W E a I I Br
NATURE
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 W. Sherburne County, Minnesota, that Iles 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 Northam 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 comer 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 comer 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
B8 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 2548.71
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 seoonds 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 85 degrees 49 minutes 40 seconds, and a chord which bears South 44 degrees 41 minutes 35 seconds
West to the point of beginning.
RIGHT-OF-WAY VACATION EXHIBIT FOR:
Community HousingWEFN
1229 Tyler Street NE, Suits 100
Minneapolis. Minnesota S5413
Development Corporation
PHONE: (M2) 466-3300
FRX: (612) 4663383
SITE LOCATION:17461 Twin Lakes Road NW
Egan, Field Fr Nowak, Inc. WWW.EfNSURVEY.COM
oOPIrtlONTO 2= ey =^ FM . n°luw'=
Elk River, MN 6=0
Land surveyors aloe• 1672
DRAYnNGNAW 39002 RW Vacation-Final.dwg SHEET 1 OF 2
p 0 9 E B E 0 B Y
NATUPE
EXHIBIT A
RIGHT-OF-WAY VACATION EXHIBIT
Sv^vTFilpraSf WU n11A 175TH AVENUE NORTHWEST
CENTERLINE OF 1757H --NORTH LINE OF EXISANG
AVENUE N.W. AND OF TYLER RIGHT—OF—WAY PER DOC.
STREET N.W. PER D0a N0. S f N0. S 59734 & 99754
597343 & 699754-�
,y N88V6 26"E
0 140.85
9
' yh ��g5F i -SOUTH LINE OF EXISANG
> 4 9g. RIGHT-OF-WAY PER DOC.
NO.'S 597343 & 699754
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o --EAST LINE OF EXISANG
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NO.S 597343 & 699754
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)31.95
r\ S W. CORNER OF THE S. W 114
-OF THE S.L 114 OF SEC 2
2 TOWNSHIP 32, RANGE 26
1 �
SUMMARY
I hereby certify that this survey, plan, or
report was prepared by me or under my
supervision and that I am a duly Licensed
Land Surveyor under the laws of the State
of Minnesota.
Date: July 7, 2020
Christo er A. Terwedo
VAGAIMN ARIA
8,920 sq. ft. / 0.2048 acres
LEGEND
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SCALE IN FEET
RIGHT-OF-WAY VACATION EXHIBIT FOR:
Community Housing
1229 TUter Street MI-, Suite 100
Minneapolis, Minnesota 55413
Development Corporation
i ON : (61 ) 46 &3300
3
FAX:SITE
LOCATION:17451 Twin Lakes Road NW
Egan, Field & Nowak, Inc. WWW.EfNSURVEY.COM
Elk River, MN 66330
OOPMacT m 20110 By °CAN FELD • NOWAK, W'
tand survsuors zinc* 1872
P 0 1 1 R I I IC
NATUR