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For Presentation to Elk River Mayor and Elk River City Council <br />Mr. Mayor, elected council members, my name is Ron Dargis. My wife <br />Paula and I own the property at 1946 Main St. I, my wife and our <br />neighbor Jim Burgoyne who lives directly to the east of York Ave have <br />filed an application to have that portion of York Ave. north of Main St. <br />vacated. In 1982 before we bought our home at 1946 Main St we <br />contacted our then City Council Representative with our concerns as to <br />the status of the ROW (right of way) for that portion of York Ave <br />We were told that on 6/7/1975 the ROW had been closed by City <br />Council action to the launching of boats and all other public use except <br />for City emergency services. We asked in 1982, 34 years ago, if that <br />piece of land could be vacated by the City. We were told by our Council <br />Representative that it could not be vacated at that time because there <br />was no City water available on that side of the lake and the Elk River <br />Fire Department needed the ROW for access to get water out of the <br />lake in case of an emergency. We were also told that once water was <br />available on our side of the lake that ROW would not be needed and we <br />could then have the ROW vacated. We bought the property based on <br />those promises and over the last 34 years have made many <br />improvements to that portion of York Ave. We black topped the <br />existing portion of gravel road (the York Ave ROW), installed an <br />underground irrigation system to provide water to the new sod that <br />we had added. We have cut the grass, trimmed the trees, raked the <br />leaves, plowed the snow and provided all the maintenance necessary to <br />keep that property in a neat, well groomed manner. <br />In December of 2005 I contacted my then City Council Representative <br />and asked about making an application to vacate the ROW portion of <br />York Ave. I obtained a letter from then Fire Chief Bruce West stating <br />that the city did not have any need for that ROW to the lake now or in <br />the future. Also in the some letter was City Engineer Terry Mauer's <br />recommendation to the City Council to vacate that portion of York Ave. <br />With that information provided to the City Council my wife and I left <br />