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Memo to the Mayor and City Council/EV 97-4 <br />August 18, 1997 <br />Page 2 <br /> <br />Analysis <br /> <br />In speaking with the Wastewater Treatment Supervisor and the Elk River <br />Municipal Utilities Manager, they have indicated they would not support <br />vacating Quinn Avenue. Currently, there is watermain along the east <br />portion of the road, sanitary sewer down the center of the street, and <br />underground electric along the west portion. Besides utilities in Quinn <br />Avenue there is still a long range transportation issue for this area. <br />Eventually when the corner of Highway 10 and Proctor is redeveloped, a <br />frontage road of some configuration will need to be constructed. Until the <br />exact alignment is determined vacating right of way may be premature. <br /> <br />Ownership <br /> <br />The property under question was created possibly along with an Auditor's <br />Subdivision from the 1940's. Depending upon the ownership of Quinn <br />Avenue, whether it be dedicated right-of-way or an actual easement with <br />underlying fee owners will affect the vacation action of Quinn Avenue. If, in <br />fact, Quinn is an easement with the underlying fee owners, the city can <br />vacate the easement back to those property owners. On the other hand, if <br />Quinn Avenue was granted to the public in the form of right-of-way, the <br />proper vacation procedure would be through a court action. Until ownership <br />of Quinn Avenue is determined, staff would recommend postponing action on <br />the requested action. Therefore, staff is recommending if the Council <br />supports vacating a portion of Quinn Avenue, the applicant (Beaudry Oil) <br />provide the city with additional information on the actual ownership of <br />Quinn Street so the proper vacation process can be completed. On the other <br />hand, if the Council does not support the application to vacate a portion of <br />Quinn Avenue, a motion can be made to deny the application. <br /> <br />Recommendation <br /> <br />It is recommended the City Council deny the easement request by Beaudry <br />Oil Company based on the uncertainty of the ownership of Quinn Avenue and <br />the existing utilities currently located within Quinn Avenue and the need to <br />continue these utilities. <br /> <br />\\elkriver\sys\shrdoc\council\ev9 7- 4. doc <br /> <br /> <br />