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7.4 SR 04-19-2021it ci Elk* River Request for Action To Item Number Mayor and Council 7.4 Agenda Section Meeting Date Prepared by Public Hearing April 19, 2021 Zack Carlton, Planning Manager Item Description Reviewed by Easement Vacation: Oxford Avenue Right -of- Cal Portner, City Administrator Way Reviewed by Action Requested Adopt, by motion, a resolution vacating a portion of the right-of-way for Oxford Avenue, with the condition that recording of the resolution shall be coordinated with the construction schedule for Highway 10. Background/Discussion The planned work on Highway 10 through Elk River includes resurfacing, trail work, and the termination access to Highway 10 from Oxford Avenue. This elimination of access requires the vacation of approximately on block of right-of-way between Highway 10 and 5"' Street NW. The property on the west side of Highway 10 is privately owned and the owner has been working directly with MnDOT regarding driveway and access replacement. The agreement between the two parties has not yet been finalized but is nearing completion. The property on the east side of Oxford Ave is the veteran's memorial, which is located entirely within MnDOT right-of-way. The one block vacation of Oxford Avenue will transfer the property to the property owner to the west. Typical vacations split the right-of- way down the middle and provide half to each adjacent property owner. In this case, MnDOT and the private property owner are working together on an agreement to transfer the entirety of the vacated right -or -way to the property owner to the west. As this agreement is still under negotiation, staff has included two conditions to ensure the recording of the resolution vacating the right-of-way is coordinated with the approval of the agreement and the construction schedule. RR Hwy 10 CR 12 �P ti" .o �9 Figure I - Applicable Regulations Easement and right-of-way vacations must be in the public's benefit to receive approval from the City Council. In this case, the vacation was proposed by MnDOT as part of the work along Highway 10 to improve overall safety The Elk River Vision P I I E I E o I Y A n elcoming community with revolutionary and spirited resourcefulness, exceptional INATUREI service, and community engagement that encourages and inspires prosperity. Updated. August 2020 along the corridor. With their assessment of the public safety implications, the vacation does appear to be in the public's benefit and staff recommends approval of the request. Financial Impact None Mission/Policy/Goal ■ Improve public safety along major corridors. Attachments Location Map Highway 10 Construction Plan Resolution G � 4• r. s 'Y -x 2 yy SHELL � l 6� t o 9�- }A,- E S v f'. $A4 14' x 330 GEF� T�RU GA � 12 x RION1 BURN �pN - x 300 � a a ON CP 2� .200 , u it f J je,ee:et. � 64 �•p4 - Yi a"• P a es•,t �.. ,1t?riem ri 1� 0 REVISE SIGNAL SYSTEM l~ uT�u Rd I R, ki 1ts U 1141 Ir I t Tu.A CSAM i Q�s 4 O Ow 14' x 3nn-- 10' TIthAI� � �� \�CLOSF 3 t u c° nt 10 ➢m c��M�yle4 'ao- eta e e2• -L��! 4 as Z r ,e rRtr GU g�3}� 17� �Z a tes', is ,p s �, +�t.N• -_ - Q Z 1 Zd� • "� ��� 1 Stiie je•� 5I9+ 3g.� 5�' a ;,.ci.90oe meux et•+s' y rosy a�Bo 25 2B 0q., rs 1 r% ysep'°' `oi to xi rat te'� i`�°_ms ta.t° SO 1 1 1 + 300.02. 0 35 GVRAE wq+14.6 4 Iss S.OB PI 1 �9.204 B13 IRS p0 ,g11VJ X 5 0.5g6• p9 0B„ Z s0 VI qg OB'� D 20 -51 / ` p0 1Bg61+ 2.81 oZ 1y1 City of Elk River City of Elk River City Council Resolution 2 1 - A Resolution of the City Council of the City of Elk River Granting a Petition to Vacate a Public Right -of -Way Easement Case No. EV 2 1 -01 WHEREAS, a petition has been made by the adjacent property owners to vacate the public rights -of -way described in Exhibit A attached hereto; and, WHEREAS, the Minnesota Department of Transportation (MnDC)1) has requested the vacation to support safety improvements of the Highway 10 corridor through Elk River; and, WHEREAS, a public hearing on said petition was held on April 19, 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 a public right- of-way easements if it appears in the interest of the public to do so. b. The Minnesota Department of Transportation requested the vacation to support safety improvements of the Highway 10 corridor adjacent to the subject right-of-way. 2. Vacation of the public right-of-way easement described in Exhibit A shall be effective at the time of recording of the document. 3. Recording of the document shall be coordinated with MnDOT to ensure the vacation is reflected in their construction schedule. Passed and adopted this 19th day of April 2021. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Exhibit A That portion of Oxford Ave is vacated which lays south of Line 1, and which lies northerly of the north line of 5Ih St Northwest. Line 1- from the northwest corner of lot 6, block 2, said WH Houlton's Addition, thence southeasterly on a line which if extended would intersect the east line of said block 2 at a point thereon, distance 110 feet northerly of the southeast corner thereof to its intersection with the west line of Lot 2, said block 2; thence run southeasterly to a point on the east line of said block 2; distance 100 feet northerly of the southeast corner thereof; thence run southeasterly of a point on the west line of Block 1, said WH Houlton's Addition, distance 75 feet northerly of the southwest corner thereof. i Easement Vacation 0 Oxford Ave Right-of-way w Rc-)n Tou chette Easement Vacation Case No EV 2 1-01 EIk ,- River Background ■ MnD OT completing improvements to HW Y 10 ■ Eliminating access to HW Y 10 from Oxford Ave ■ Safety improvements along corridor ■ Working with resident to west ■ Driveway and structures ■ Record resolution according to MnDOT construction timeline I m SHELL I REVISE SIGNAL SYSTEM 67-TIll- - L.!i Rv. a� TO.1 CSA14 I 77-- A? 12' �IG�HTTU,. THRU LANE I XCLOSE a 01, cko Ak%4* JA ob Af--os ]E 4TRUCTLM W_ 5001 ff TT J r r , . ■ "..: + dl J Q 1• 1 I� 1 1 11 7 -m"J W 11711E C) L r • ..+�® • . ti rl P rr r r r- 1 . r . � • .�. •1 �• � •�• •tea r� r�5 Applicable Standards ■ Easement vacations must be in the public interest ■ Improves safety along Highway 10 corridor Action Requested ■ Adopt, by motion, a resolution vacating the right-of-way for Oxford Ave between Highway 10 and 5th Street, with the condition noted in the memo.