7.5. SR 05-16-1994
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Ilk River
AGENDA ITEM 7.5.
MEMORANDUM
TO:
MAYOR & CITY COUNCIL
STEVEN B. ACH, CITY PLANNER-h/___
MAY 16, 1994
FROM:
DATE:
SUBJECT: REQUEST TO VACATE A PORTION OF
6TH STREET
ISSUE
Consider approving Resolution 94- _ vacating a portion of 6th Street in
front of Beaudry Express Convenience Store and Gas Station.
BACKGROUND
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On February 7, 1994, the City Council approved issuing a permit allowing
Ken Beaudry to erect a sign within the 6th Street right-of-way prior to the
vacation request being finalized. One of the conditions for this approval was
removal of the sign if the vacation request was denied by the City Council.
ANALYSIS
Sixth Street (formerly Lewis Street) was originally dedicated as part of the
W.H. Houlton's Addition. At one point the street was taken over by the
Minnesota Department of Transportation by way of Commissioners orders.
Recently, the street has been turned back to the City of Elk River except a 50
foot by 50 foot site triangle at the corner of 6th Street and Proctor Avenue
which MnDOT would like to retain for site visibility and utility purposes.
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Sixth Street no longer connects with Proctor Avenue. This connection has
been eliminated as part of the new convenience store and gas station that
was recently constructed by Ken Beaudry. Since 6th Street no longer
connects with Proctor and it is not envisioned that this connection will be
made in the future, it is staffs opinion that the right of way for street
purposes can be vacated. However, there are public utilities within the right-
of-way which will need to be protected with a public drainage and utility
easement. The attached map illustrates that portion of 6th Street that is
requested to be vacated. As a condition of this vacation, staff is
recommending all bituminous areas that are not necessary for access to the
convenience store be removed and replaced with black dirt and sod.
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Ken Beaudry, Variance
March 21, 1994
Page 2
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STAFF RECOMMENDATION
It is recommended that the City Council approve Resolution 94- _ vacating
that portion of 6th Street as described in the resolution and illustrated on the
attached map with the following conditions:
1. THE APPLICANT IDENTIFY ALL EXISTING PUBLIC UTILITIES
WITHIN THE STREET RIGHT-OF-WAY AND GRANT TO THE CITY
A DRAINAGE AND UTILITY EASEMENT OF ADEQUATE SIZE AS
DETERMINED BY THE CITY ENGINEER.
2. ALL BITUMINOUS AREAS NOT UTILIZED FOR THE ACCESS
DRIVE TO THE CONVENIENCE STORE BE REMOVED AND
REPLACED WITH BLACK DIRT AND SOD AND BE MAINTAINED
AS PART OF THE CONVENIENCE STORE'S LANDSCAPED AREA.
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RESOLUTION 94 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING STREET, DRAINAGE, AND UTILITY
EASEMENTS
WHEREAS, a majority of the property owners abutting the street, drainage, and utility
easement have requested the City Council in a petition dated February 15,
1994, to vacate such easement according to law; and,
WHEREAS, a public hearing was held on March 21, 1994, 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
March 11, 1994, 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 easement described as follows is hereby
vacated with the conditions stated below:
That part of vacated 6th Street (formerly Lewis Street): lying west of the Southerly extension of the East line of lot
3, Slock 8, of the duly recorded plat of W.H. HOULTON'S ADDITION to the Village (now City) of Elk River,
Sherburne County, Minnesota; and lying east of the Southerly extension of the East line of the West 7 feet of said
Block 8. EXCEPTING therefrom all that part thereof lying southwesterly of a line described as Beginning at a point
on said Southerly extension of the East line of the West 7 feet of Block 8 a distance of 50 feet north of the point of
intersection thereof with the South line of said 6th Street; thence southeasterly to a point on said South line of 6th
Street a distance of 50 feet east of said point of intersection, and there terminating.
1. THE APPLICANT IDENTIFY ALL EXISTING PUBLIC UTILITIES WITHIN
THE STREET RIGHT-OF-WAY AND GRANT TO THE CITY A DRAINAGE
AND UTILITY EASEMENT OF ADEQUATE SIZE AS DETERMINED BY THE
CITY ENGINEER.
2. ALL BITUMINOUS AREAS NOT UTILIZED FOR THE ACCESS DRIVE TO
THE CONVENIENCE STORE BE REMOVED AND REPL..-\CED WITH BLACK
DIRT AND SOD AND BE MAINTAINED AS PART OF THE CONVENIENCE
STORE'S LANDSCAPED AREA.
Adopted by the Elk River City Council this _ day of
,1994.
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ATTEST:
Henry Duitsman, Mayor
Sandra Thackeray, City Clerk
easement. doc
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LOCATION MAP
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CASE EV 94-01
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P.O. Box 490 · 13065 Orono Parkway · Elk Ri~er. MN 55330 . (61:2) 4-11-7420
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