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6.8. SR 4-15-2002City MEMORANDUM Item # 6.8. TO: FROM: DATE: SUBJECT: Mayor and City Council Michele McPherso~irector of Planning Terry Maurer, City Engineer April 15, 2002 Case No. EV 02-03 Request by the City of Elk River to Vacation Street Right-of- Way - 179th Avenue Request The City Council is asked to consider the vacation of public right-of-way (179th Avenue) in east Elk River. Attachments Location Map Resolution No. 02- Analysis The City is asked to vacate that portion of the 179th Avenue right-of-way lying east of Twin Lakes Road and between Outlots A and B of Elk River Crossing. This right-of-way, if vacated will become part of a land exchange with D.R. Horton to be considered later on the agenda. The City has reviewed and approved the preliminary and final plat of Trott Brook Farms South. Due to the gas main, which runs north-south adjacent to Outlots A and B, Elk River Crossing, this section of right-of-way will not be used for street construction purposes. This is due to the elevation of the gas main and the fact that the easement holder, Enron, does not permit grading in the area of the gas main. However, a bituminous trail connection suitable for emergency vehicle access will be built at this location. An easement for this purpose will need to be granted to the City. Memo to Mayor and City Council/EV 02-03 April 15, 2002 Page 2 Recommendation As this right-of-way will not be used for street purposes, staff recommends that the City Council approve the attached resolution, vacating the right-of-way of 179th Avenue lying east of Twin Lakes Road with the following condition: AN EASEMENT FOR EMERGENCY ACCESS OVER THIS AREA MUST BE PROVIDE ON THE FINAL PLAT OF TROTT BROOK FARMS SOUTH. S:\PLANN1NG\Case Files\EV 02-03\4-15CCmemo.doc OU TLOT B A 7 BLOCK BLOCK S I AVENUE NW 3 LOT 1 TLO T SITE Location Map Case Number: EV 02-03 RESOLUTION 02 RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING A PORTION OF THE 179TM AVENUE NW RIGHT-OF-WAY EASEMENT Case No. EV 02-03 WHEREAS, the City of Elk River has requested the City Council in a petition dated March 20, 2002 to vacate such easement according to law; and, WHEREAS, a public hearing was held on April 15, 2002 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 April 5, 2002 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 right-of-way easement described as follows is hereby vacated: See attached Exhibit A Adopted by the Elk River City Council this 15th day of April, 2002 ATTEST: Stephanie Klinzing, Mayor Sandra Peine, City Clerk S:\PLANNINGXCase FilesXEV 02-03XResolution.doc