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5.2. SR 10-06-2008REQUEST FOR ACTION To Item Number City Council 5.2. Agenda Section Meeting Date Prepared by Communi Develo ment October 6, 2008 Jerem Barnhart, Plannin Mana er Item Description Reviewed by Resolution to Vacate a Portion of Zane Street Right of Way Adjacent to Zane Street Commons, Requested by Earl Hohlen Reviewed by (Zane Street Commons), Case No. EV 08-02 -Public Hearing Action Requested Staff recommends approval of the request. Background/Discussion The request is to vacate a portion of Zane Street right of way (ROW) adjacent to the recently approved Zane Street Commons. The Council may recall that the Zane Street right of way is approximately 90 feet wide in this area. This was done to avoid creating a `spite strip' when the original Elk River Crossing development was created. The City does not need the additional width as all utilities are located in the `normal' right of way width for this type of street. The approved conditional use permit anticipated the right of way being vacated. The transferred area would be used as setback for the parking lot Attachments ^ Resolution Aetlon Motion by Second by Vote Follow Up S:ATemplates\Action Requested.doc RESOLUTION 08 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING A PORTION OF ZANE STREET RIGHT OF WAY Case No. EV 08-02 WHEREAS, the applicant has requested the City Council in a petition dated September, 23, 2008 to vacate such easements according to law; and, WHEREAS, a public hearing was held on October 6, 2008, before the City Council at the Elk River City Hall on such petition after due published and posted notice had been given 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 described as follows is hereby vacated: Exhibit A Adopted by the Elk River City Council this 6t'' day of October, 2008. Stephanie Klinzing, Mayor ATTEST: Tina Allard, City Clerk EXHIBIT A Page 1 LEGAL DESCRIPTION FOR VACATION OF PORTION OF ZANE STREET NW RIGHT-OF-WAY ERHIBIT A Page 2 I/ ~ ~ ,(~ o ~ ~a a ~~ 3.9 L'SO.68Sp006Z I `~ , r I ~ ~ ~ I II I I ~i ~ ~ ` ~ i i ~ Iz , a ~ I ~ ~ ~ : wl I i ~ ~ ~ ~ .6 0 Q ~ -: i z ~ ; ~ } o~ _ I ~. \ • ' ~ c~ ZI ~~ ~ ~ s~ I } ~ w I zM -~ ~~ ~ ~ ~ j ~~ z ~ ~ m ~ I to ~ I I ~ °i ~ ~~ ° I ~ , ~ ~ ~ '~ lac I a ~ ~~ ; ~ I O 4b,~~ I _ ; .1 I r~l 1 ~~~ • I ~ '' ~ ~ ~~ w ~~~ i~ ~ i ~~~ a w~. ~ ~~'r~ ~~ .~ ~;; , .~ ~w . ., ~~~, i1~~ ~ . e 1^ ~ \i`~a O) 4 I, ~ ~\ a ~ '" CO r _~~~it p r ; ,f ~~ ~p ~ 1. ,., .. -- _ !; ~ ~ - ~ IA } s t rI~ I~ Isw ~ 5' ~ ~ I ~ W i!o }, ___ __t_~s ~ I W. ~ ~ ~~, ~ . o nom o a,al ~~ ,.}li 3'"~ I o ~" ~, s 1~ K.. a 3u QLLN ~ ~~.~ ?~~ I ~ F +{ w z Z8 ~ ~ ~ .,.. ..,,_. Ia ~ ~ I~,; ; ~ .-. ~ ~ w ~ ~~ I° ~ t~~i ~/ > ~ ~ ~ O s I ,~ b,~ a z a ~ ~ ~ ~ ~ ~ ~ I ~ ~ ~~ , o z ~4~OS a"3 aka W X01 ~ ~ ~ o o ~ I~a 6 ' ~ ~ ~~ ~~ 3 ~aya~ ~e ~ a~~a O U ~ I. , I ! N §• N w ~, o I F ' - ...~„~,. s~ ~ ~ I N ~~}k~{'~ ~~y~ $gryyggg9¢s~ ~ Q N U .,1 ly ` r ~L ..~ J ~ ~ ~~~j~ ~~.~~~ i~:Ii Q ~ F O ~ I ~ M.9f .L5.69 NS9'OOZ N J ~ o~ I; I ~ ~4 a ~ ~ i o ~, I I s .. S ~~ ~ ~ /1 o'`"-~ ~ I ~ ~~~ - i4 5 .~ P a ^' ®. #. __ ~ ~ N W