6.1. SR 11-21-2005
Item #
6.1.
MEMORANDUM
TO: Mayor and City Council
FROM: Scott Harlicker, Senior Plann~j{
DATE: November 21, 2005
SUBJECT: Case No. EV 05-11
Request by Bill Houlton for Easement Vacation for a portion of
Vernon Street
Request
Consider a request by Bill Houlton to vacate a portion of right-of-way of Vernon Street.
Location
The proposed easement vacation is located on the south side of Main Street west of the
Dam.
Attachments
. Location Map
. Description of proposed easement vacation
. Memo from the City Engineer
. Letter from applicant
Overview
The applicant is requesting that the City vacate a portion of the right-of-way of V ernon
Street. Attached is a letter from the applicant explaining why they would like the right-of-way
vacated.
Additional comments can be found in the City Engineer's memo.
Houlton Easement Vacation/EV 05-11
November 21, 2005
Recommendation
Staff recommends that the City Council deny the requestto vacate a portion of Vernon
Street.
S:\PLANNING\Case Files\2005\EV 05-11 Houlton\EV05-1102CCl1-21.doc
Page 2
13065 Orono Parkway
Elk River, MN 55330
November 15,2005
File: 226-106P
Mr. Scott Harlicker
Senior:planner
City of Elk River
13065 Orono Parkway
Elk River MN 55330
RE: VERNON S1REET VACATION REQUEST
Dear Mr. Harlicker:
As requested, we have reviewed the petition from Mr. Bill Houlton for the vacation of
Vernon Street right-of-way south of Main Street. Currently, there is a platted right-of-way
66 feet wide by approximately 165 feet deep measured from Main Street. This was platted as
Vernon Street (fka Cedar Street), but is not currently constructed as a public roadway. This
right-of-way leads to what is known as the Houlton Farm. Since there is the potential that
someday the Houlton Farm could be subdivided, I see no public purpose for vacating the
Vernon Street right-of-way as requested. I assume that the private driveway accessing the
Houlton Farm can continue to utilize portions of the Vernon Street right-of-way as long as
necessary into the future. If in fact there is ever a reason to subdivide any of the property,
there will be a need to construct a public road to provide access to the subdivided parcels.
Therefore, there could be a time in the future where the Vernon Street right-of-way is
necessary. I would recommend that the City retain ownership to the Vernon Street right-of-
way and deny the petition for vacation.
If you have any questions regarding this issue, please call.
Sincerely,
T~
City Engineer
Phone: 763.635.1000
Fax: 763.635.1090
. . s:\PLANNING\Case Files\2005\EV 05-11 Houlton\1115 05 engr's memo.doc
www.c1.elk-nver.mn.li5
CLIFFORD C. LUNDBERG
Real Estate
Probate
Wills & Trusts
Attorney At Law
400 Jackson Avenue
Business Law
Taxes
Accounting
Elk River, Minnesota 55330
Phone: (763) 441-1251
Fax: (763) 441-1258
clifflund@hotmail.com
November 16, 2005
NOV 1 7 2005
Mr. Scott Harlicker
Senior Planner
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Re: Vernon Street Vacation Request
file # 226-106P
Dear Mr. Harlicker,
Bill Houlton has sent me a copy of The letter Terry J, Mauer sent you dated. November 15, 2005.
I do not think his concerns took into account that the Houlton Farm legal description includes lots
adjoining the proposed vacation. I enclose a copy of the Houlton Farm legal description by Tax
ID number. I also enclose a portion of the recent survey of the property.
The Houltons have no present plans to subdivide the property and may never do so. In the event
that the Houltons decided to subdivide. the property the present alignment of Vernon Street may
not be the best location. It may be that the best location for an access road would be to the east
or west of the present location. This should be determined by the City at the time subdivision is
requested, not now.
The Houltons continue to request that the requested Vacation be granted.
Respectfully,.. f'.~/7
C:-ih~ (fj~
CliffZ1:ndberg "
Attorney for Houlton Family Farni' property
File No. 6912
SITE
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Location Map
Case Number: EV 05-11
HOULTON
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RESOLUTION 05 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING A PORTION OF STREET EASEMENT
Case No. EV 05-11
WHEREAS, On October 20, 2005 the City of Elk River requested that the City Council
vacate that ponion of Vernon Street right-of-way lying south of Main Street,
according to law; and,
WHEREAS, a public hearing was held on November 21,2005 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 November 9, 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 easement described as follows is hereby vacated:
All that part of Vernon Street, formerly known as Cedar Street in the plat of
Orono, Sherburne County, Minnesota, lying southerly of the south line of
Main Street, (see Attached Exhibit).
Adopted by the Elk River City Council this 21st day of November, 2005.
Stephanie A. Klinzing, Mayor
ATTEST:
Joan Schmidt, City Clerk
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