RES 22-28ver
City Council
City of Elk River
Resolution 22-28
A Resolution of the City Council of the City of Elk River Denying a Petition to
Vacate a Public Street
Case No. EV 22-02
WHEREAS, a petition has been submitted by the adjacent property owners to vacate the public
street described in Exhibit A attached hereto; and,
WHEREAS, a public hearing on said petition was held on May 16, 2022, 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 street described in Exhibit A is hereby denied 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 Minnesota Supreme Court has held that a public street should not be vacated unless
the public will benefit, in some manner, from the vacation.
C.
The public street proposed to be vacated provides public access from Concord Street to
the shore of Lake Orono.
D.
The Minnesota Supreme Court has held that where a public street provides access to a
lakeshore for any proper activity, before it can be vacated it must appear that the street is
useless for that purpose. The Supreme Court went on to hold that the public includes
persons other than those in the immediate vicinity, and that it is not sufficient to show
that the public street is not now used. It must be shown that the street may not be used
in the future for access to the recreational benefits offered by the lake.
E.
The public street proposed to be vacated is one of only two public ROW accesses to
Lake Orono and used for several public activities, for example, lake/river maintenance,
emergency access, snowmobile access, and general public access.
F.
There is no evidence that the portion of 189''' Avenue proposed to be vacated has caused
any unusual maintenance or clean up obligations on the City. Any such maintenance
responsibilities are similar to all other public streets in the City.
G.
After consultation with the City's liability insurance carrier on a previous ROW to the
lake vacation, City staff has determined that denial of the petition to vacate this portion
of 189`h Avenue will not have any impact on the City's liability insurance premiums, nor
NATURE
would it create any liability of the City to lawsuits beyond that similar to all public streets
in the City.
H. The City Council finds, based upon the entire record in this matter before the Council,
that the portion of 1890' Avenue proposed to be vacated is not useless for access to Lake
Orono, that the public will not benefit from vacation of this portion of 189`' Avenue and
that, therefore, by state law, this portion of 189`" Avenue should not be vacated.
Passed and adopted this 16`h day of May 2022.
ATTEST:
Tina Allard, City Clerk
l
J h J.1 ietz, MI/or
IINEREI I
2 NATURE
Exhibit A
STREET VACATION DESCRIPTION & EXHIBIT
FOR: Brian and Jesca Kuhl
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LANDFORNONlRR= EXPREMY FOR THIS PROJECT
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SIERBUR1E COIIHTYCOORS"TE SYSTE4.
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URUTIESASSHOMARENTFIE ENACTLOWTIdi NOEMAMONVAS
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Vacation description for a portion of 169th Avenue NW
That part of 1Mh Avenue NW, originally dedicated as Lake Street on
the plat of WESTWOOD SUBDIVISION, as of public record in the office
of the Sherburne County Recorder, lying westerly of line described as
follows- Beginning at the southeast comer of Slock 4, said WESTWOOD
SUBDIVISION thence southerly to the northeast comer of Block 6, said
WESTWOOD SUBDIVISION and there terminating and reserving a
Drainage and Utility easement to the Pudic over and across the same.
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INATUREI
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