7.3B SR 10-19-2020Request for Action
To
Item Number
Mayor and City Council
7.3b
Agenda Section
Meeting Date
Prepared by
Public Hearings
October 19, 2020
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Easement Vacation: Street & Right -of -Way
Zack Carlton, Planning Manager
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, a resolution vacating a portion of the right-of-way platted as Fourth Street (Depot Street)
Background/Discussion
Case No. ZC 20-05
ERMU is requesting that a portion of Fourth Street (Depot Street) right-of-way be vacated to allow for their
building expansion project. The subject right-of-way was dedicated with the Auditors Addition to Elk River in
1882 but has never been improved or maintained for public use.
Vacation of the right-of-way will transfer the property to ERMU, which the owner of the property from which the
right-of-way was platted.
Financial Impact
None
Mission/Policy/Goal
Meet changing needs of a public entity.
Attachments
■ Resolution
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei ly.
M
TUREJ
Updated.• August 2020
City of
Elk
River
City of Elk River
City Council
Resolution 20-
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 by the adjacent property owners to vacate a portion
of the public street originally platted as Fourth Street (Depot Street), as described in
Exhibit A attached hereto; and,
WHEREAS, a public hearing on said petition was held on October 19, 2020, before the
City Council of the City of Elk River 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, as follows:
1. The petition to vacate a portion of the public street originally platted as Fourth Street
(Depot Street), as described in Exhibit A, 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.
B. The Council finds that it is in the interest of the public to vacate a portion of
the public street described in Exhibit A, because:
(1) This portion of the public street has never been improved or
maintained by the city, not has it been open for or used by the public;
and
(2) Vacation of this portion of the street will facilitate development of
the adjacent property by the city's municipal utility.
2. Vacation of the public street described in Exhibit A shall be effective at the time of
recording of the necessary documents.
Passed and adopted this 19th day of October 2020.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City NATUREJ
Exhibit A
That part of Fourth Street, formerly Depot Street, as dedicated in the plat of Auditor's
Addition to the Village of Elk River, according to said plat on file and of record in the office
of the County Recorder, Sherburne County, Minnesota, which lies Northeasterly of the
Southwesterly extension of the Northwesterly line of Lot 5, Block 2, said Auditor's Addition
to the Village of Elk River and which lies Southwesterly of the Northeasterly extension of
the Southeasterly line of Lot 7, Block 1 said Auditor's Addition to the Village of Elk River.
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