6.1. SR 10-17-2005
Item # 6 . 1 .
MEMORANDUM
TO: Mayor and City Council
FROM: Scott Harlicker, Senior Planne~
DATE: October 17, 2005
SUBJECT: Case No. EV 05-09
Request by City of Elk River for Easement Vacation
Request
Consider a request by the City of Elk River to vacate a portion of right-of-way for 5th Street.
Location
The proposed easement vacation is located on the southwest corner of 5th Street and Upland
Avenue.
Attachments
. Location Map
. Description of proposed easement vacation
. Memo from the City Engineer
. Resolution No. 05-_
Overview
The City is proposing to vacate a portion of 5th Street right-of-way at the intersection of
Upland Avenue. The right-of-way is no longer needed. Additional comments can be found
in the City Engineer's memo.
Recommendation
Staff recommends that the City Council approve the attached Resolution No. 05- _
vacating a portion of the right-of-way of 5th Street with the following condition:
5th Street right-of-way vacation/BY 05-09
October 17, 2005
Page 2
1. All comments of the City Engineer shall be addressed.
S:\pLANNING\Case Files\2005\EV 05-09 5th St Vaca\EV05-09CClO-17.doc
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Location Map
City of
El ~,
River
Case Number:
~
N
13065 Orono Parkway
Elk River, MN 55330
October 13, 2005
Mr. Scott Harlicker
Senior Planner
City of Elk River
13065 Orono Parkway
Elk River MN 55330
RE: 5TH S1REET VACATION REQUEST
Dear Mr. Harlicker:
The City of Elk River is requesting a vacation of a portion of 5th Street just west of Upland
Avenue. This is an area where we have been working with the adjacent land owner on
Upland Avenue for some time regarding right-of-way for the current street project. The
property to be vacated is excess right-of-way from an old Auditor's Subdivision. When
attached to the homeowner's property adjacent to Upland Avenue, it will allow the
homeowner to split his larger parcel into two pieces. Along with the lot split, the
homeowner will provide the City the necessary right-of-way which was never provided
because of the Auditor's Subdivision.
Since the right-of-way on 5th Street to be vacated is excess and will allow for a reasonable
subdivision of the property on Upland and the dedication of the necessary right-of-way on
Upland Avenue, I would recommend approval of the vacation as requested by the City of
Elk River.
If you have any questions regarding this issue, please call.
Sincerely,
C"
~ptIl~
Terry J. ~~urer, PE
City Engineer
Phone: 763.635.1000
Fax: 763.635.1090
S:\PLANNING\Case Files\200s\EV 05-09 5th St Vaca\10 13 OS engr's memo.doc
www.cLelk-river.mn.us
RESOLUTION 05 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING A PORTION OF STREET EASEMENT
Case No. EV 05-09
WHEREAS, the property owner abutting the street easements has requested the City
Council in a petition dated September 22, 2005 to vacate such easements
according to law; and,
WHEREAS, a public hearing was held on October 17,2005 before the City Council at the
Elk River City Hall on such petition after due published and posted notice
had been given as well as personal notice to affected property owners on
October 6, 2005 and all persons interested were given an opportunity to be
heard; and,
WHEREAS, it appears that it will be in the best interest of the City to approve such
petition.
NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and
the street, drainage, and utility easements described as follows is hereby
vacated:
Exhibit A
Adopted by the Elk River City Council this 17th day of October, 2005.
John Dietz, Acting Mayor
A TIEST:
Joan Schmidt, City Clerk
EXHIBIT A
TO RESOLUTION FOR VACATING STREET EASEMENT
5th Street Vacation Description
That part of 5th Street, Vassar Cartway, and Upland Avenue right-of-ways to be vacated,
being in Block 5, Auditors Addition to Elk River, according to said plat on file and of record
in the office of the County Recorder, Sherburne County, Minnesota described as follows:
Commencing at a Judicial Landmark set pursuant to Torrens File No. T-225, at the
Southeast corner of Lot 21, Auditor's Subdivision No.3, according to said plat on file and of
record in the office of the County Recorder, in said Sherburne County, also being a corner
of the duly recorded plat of Bailey Beck Addition, according to said plat on file and of
record in the office of the County Recorder, in said Sherburne County; thence South 89
degrees 15 minutes 39 seconds East, assumed basis of bearings, along the east-west quarter
section line of Section 33 per said duly recorded plat of Bailey Beck Addition, and James
Manor, according to said plat on file and of record in the office of County Recorder, in said
Sherburne County, a distance of 150.00 feet; thence southwesterly, deflecting to the right
101 degrees 18 minutes 30 seconds to the South line of 5th Street formerly known as Vassar
Cartway, distant 33.00 feet south of said east-west quarter section line, as measured at right
angles to said line; thence South 89 degrees 15 minutes 39 seconds East along the south line
of said 5th Street, a distance of 20.13 feet to a point which is 33.00 feet south of, as
measured at right angles to said east-west quarter section line, from a point on said east-west
quarter section line that is 150.00 feet west of the Southwest corner of Block 4, said Auditors
Addition to Elk River to the actual point of beginning of said right-of-way to be vacated;
thence South 57 degrees 03 minutes 04 seconds East to the intersection with a line drawn
parallel with and distant 25.00 feet Westerly of the centerline of Upland Avenue, said
centerline being described as follows;
Beginning at the Southeast corner of said Bailey Beck Addition; thence South 00 degrees
44 minutes 21 seconds West, a distance of 16.50 feet; thence South 05 degrees 37 minutes
54 seconds East, a distance of 250.00 feet and there terminating.
thence North 05 degrees 37 minutes 54 seconds West, along said last described parallel line
to the intersection with a line which bears South 89 degrees 15 minutes 39 seconds East
from said point of beginning; thence North 89 degrees 15 minutes 39 seconds West to said
point of beginning.
S: \PLANNIN G \ Case Files \2005 \EV 05-09 5th St V aca \Draft resolution. doc
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