RES 21-18City of Elk River
City Council
Resolution 21- 18
A Resolution of the City Council of the City of Elk River Granting a Petition
to Vacate Public Right -of -Way Easements and Drainage and Utility
Easements, Case No. EV 21-02
WHEREAS, a petition has been made by the adjacent property owner to vacate the public
rights -of -way described in Exhibit A, and drainage and utility easements in Exhibit B,
attached hereto; and, .
WHEREAS, a public hearing on said petition was held on March 15, 2021, 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 the public right-of-way 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 public right-
of-way easements if it appears in the interest of the public to do so.
b. The vacated portion does not prohibit public access along Zane Street
and improves public mobility by facilitating development of a cul-de-sac.
c. Vacation of the easements allows development of the vacant surrounding
parcels as one project.
d. Therefore, the City Council finds vacation of the right-of-way easements
to be in the public interest.
2. Vacation of the public right-of-way easements described in Exhibit A shall be
effective at the time of recording of the document.
3. The drainage and utility easements described in Exhibit B are hereby vacated as
they are no longer needed or will be replaced with the recording of the plat of
The Delta.
Passed and adopted this 15th day of March 2021.
ATTES
Tina Allard, City Clerk
POwEAEB er
INATU
Exhibit A
That part of Yale Street as platted in THE CROSSROADS (and as described in Doc. No.
189867 being over, under and across part of the South 830.55 feet of Government Lot 1 of
Section 3, Township 32, Range 26) and that part of Zane Avenue as platted in THE
CROSSROADS SECOND ADDITION, Sherburne County, Minnesota, to be vacated lying
westerly of the following described line:
Commencing at the northeast corner of Yale Street as platted in THE CROSSROADS;
thence North 90 degrees 00 minutes 00 seconds West on an assumed bearing along the
north line of said Yale Street a distance of 58.57 feet to the point of beginning of the line to
be described; thence South 20 degrees 05 minutes 13 seconds East, parallel with the easterly
line of said Yale Street, a distance of 413.98 feet; thence 252.18 feet southerly, along a
tangential curve concave to the west, having a radius of 229.15 feet and a central angle of 63
degrees 03 minutes 11 seconds to the intersection of the westerly right of way line of Zane
Avenue as platted in THE CROSSROADS SECOND ADDITION and said line there
terminating.
PIIERIa I
NATUREI
Street Vacation Exhibit
for
Plat of THE DELTA
\ \ A STREET VACATION DESCRIPTION:
\ I\ Mot part of Yale Street as platted In THE CROSSROADS
' \ (and as described In Doc. Ala. 189867 being over, under
NE COR OF YALE ST. and across port of the South 830.55 feet of Government
AS PLATTED YA THE I \ Lot 1 of Section 3, Township 3$ Range 26) and that
_ _ _ _ _AS PLATTEDADS I part of Zane Avenue as platted In TH£ CROSSROADS
— — — SECOND ADDRION, Sherburne County, Minnesota, to be
r \\ \ wcated lying westerly of the following described line:
r IJ01?YH LINE OF 7H£ CROSSROADS \ \ Commencing at the northeast comer of Yale Street as
platted in THE CROSSROADS:• thence North 90 degrees 00
minutes 00 seconds West on an assumed bearing along
— — —I the north line of sold Yale Street o distance of 58.57
` y5@. 7 I \ \ feet to the point of beginning of the line to be
N 90'00,00" B1 described; thence South 20 degrees 05 minutes 13
L seconds East parallel with the easterly line of sold Yale
Street a distance of 41398 feet; thence 252.18 test
% southery,, along a tangential curve concave to the west,
IAREA TO BE VACATED \ "1a having a radius of 229.15 feet and a central angle of 63
degrees 03 minutes 11 seconds to the Intersection of the
westerly right of way line of Zone Avenue as plotted in
V1 .2, I 7H£ CROSSROADS SECOND ADDI7IOV and sold !!ne there
---r------� N >c+ I terminoting.
-- — — —
\\ V e
THE WILY R.O.W. OF 2.
` YALE ST. AS PLATTED--- \ tp
IN THE CROSSROADS — — \ 4a
u+ H \
NE COR OF LOT 1, — / \ I n �m O
THE
CROSSROADS SECOND
ADD17IOV \ \Kn i O
I \\
THE WILY R.O.W. OF ZANE AVE. \\ ' N
AS PLATTED IN THE 1W cy \
CROSSROADS SECOND ADD117ON \ C3 Z N
o
I
I
I
cV
h
THE W7ERSEC77ON I /
N97H THE WILY R.L.W.
OF ZANE AVE. I /
FIELD DATE: 1 hereby certify that this survey, plan, or
BK/PG: report was prepared by me or under my
DRAWN BY: CEG my direct supervision, and that I am a
CHECKED BY: CAW duly Licensed Land Surveyor under the
laws of the State of Minnesota.
REVISIONS
BOGART� PEDERSON
8E ASSOCIATES, INC.
LAND SURVEYING
CIVIL ENGINEERING
MAPPING
13076 nRST STREET. BECKER. MN 55306-9322
TEL: 763-252-SM FAX 763-262-8844
Signed:
Craig A. Wensmann
Date: 1/25/21 Lic. No. 47466
DRAWING FILE: FILE NO.
STREET —VACATION 18-0060.00
Exhibit B
All Drainage, and Drainage and Utility Easements in Lots 1 and 2, Block 1, THE
CROSSROADS, Sherburne County, Minnesota.
AND
All Drainage, and Drainage and Utility Easements in Lot 1, Block 2, THE CROSSROADS
SECOND ADDITION, Sherburne County, Minnesota.
P01EaEa BY
NATUREI