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8.2. SR 01-19-2016
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8.2. SR 01-19-2016
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City Council <br />City of Elk River <br /> <br /> <br />Resolution 16-____ <br /> <br /> <br />A Resolution of the City Council of the City of Elk River Granting a Petition to <br />Vacate a Public Street <br /> <br />Case No. EV 15-09 <br /> <br />WHEREAS, <br /> <br />a petition has been made by the adjacent property owners to vacate the public street <br /> <br />described in Exhibit A attached hereto; and, <br /> <br />WHEREAS, <br /> <br />a public hearing on said petition was held on January 4, 2016, before the City <br />Council of the City of Elk River after published and posted notice had been given, <br />and all persons interested were given an opportunity to be heard at the public <br /> <br />hearing. <br /> <br />NOW, THEREFORE, BE IT RESOLVED <br />by the City Council of the City of Elk River, <br />: <br />Minnesota, as follows <br /> <br /> <br />1.The petition to vacate the public street described in Exhibit A is hereby granted based upon <br />the following Findings of Fact: <br /> <br />A.Minnesota Statutes, Section 412.851, allows for the vacation of a public street if it <br />appears in the interest of the public to do so. <br /> <br />B.The Council finds that it is in the interest of the public to vacate the portion of York <br />Street described in Exhibit A because vacation of this public street will: <br /> <br />(1)Eliminate possible lawsuits due to hazardous structures at the shoreline, and injuries <br />and drownings due to lack of proper city supervision. <br /> <br />(2)Eliminate snowmobiles entering and exiting Lake Orono. <br /> <br />(3)Eliminate the shoreline being used in an improper, lewd and unlawful manner. <br /> <br />(4)Eliminate parking on the city easement. <br /> <br />(5)Prevent increased traffic and parking on Main Street. <br /> <br />(6)Eliminate city maintenance and clean up on the easement. <br /> <br />(7)Increase the real estate taxes on the property due to the fact a city road easement is <br />not taxed, but a vacated street is taxed to the adjoining property owners. <br /> <br />(8)Finalize city and property owner’s rights so that there will not continue the <br />tremendous time expended by the staff and the City Council for the hearings on this <br />vacation matter. <br /> <br />2.Vacation of the public street described in Exhibit A shall be effective at the time of <br /> <br />recording of the document. <br /> <br /> <br /> <br />
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