7.1. SR 07-15-2019 - Laserfiche WebLink

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Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date 1july15, Prepared by Public Hearin� 2019 Zack Carlton, Planning Manager Item Description Reviewed by Easement Vacation: Western Avenue in Westwood Peter Beck, City Attorney Subdivision Reviewed by Cal Portner, City Administrator Action Requested Adopt, by motion, a resolution vacating a portion of the right-of-way platted as Western Avenue contingent upon closing of the sale of the property at 13008 Island View Drive and with the condition that the resolution will not be recorded until after the City Council approves a boundary line adjustment placing the septic system and shed on the same parcel as the home at 13008 Island View Drive. Background/Discussion The western border of the Westwood Subdivision includes a dedicated public right-of-way (ROW) known as Western Avenue. The ROW was dedicated with the plat in 1953, but has not been developed for public use. Previous owners of the property to the west, 13008 Island View Drive, constructed a shed and septic system on the ROW without approval by the city. The current property owners purchased the parcel in 2006 believing the improvements were located on their parcel. Ownership of the ROW and encroachments of the improvements has been the subject of a lawsuit, John & Elaine Dryer v. City of Elk Diver, & SNL Island View Properties, LLC, Case File No. 71 -CV -18-705. The parties have agreed to a contingent settlement agreement and vacation of the Western Avenue ROW is a necessary condition upon which the full settlement of the lawsuit is contingent. The proposed vacation does not include the portion of the ROW abutting dedicated park land south of 13002 Island View Dr., and as dedicated with the Westwood Subdivision plat. Park access will continue to be provided to the park as additional ROW dedicated with the Westwood Subdivision plat, known as Park Avenue, runs along the east side of the park. The city made the request to vacate said ROW and supports the vacation as it is in the public interest as taxable property within the city will increase, and the vacation is a necessary step to settling the lawsuit. Vacation of the ROW will transfer the property to the parcel to the east (13002 Island View Dr.), meaning the septic system and shed for 13008 Island View Dr. would be on the neighbor's property. To address this situation, the settlement agreement also includes a provision that the property lines will need to be adjusted to transfer ownership of the vacated ROW to 13008 Island View, ensuring all improvements are associated with the appropriate parcel. Approval of the boundary line adjustment by the Council is also a perquisite to recording the vacation, as noted in findings of the attached resolution and the condition of approval for the proposed vacation. The Elk River Vision A wehoMing community with revolutionary and spirited resourcefulness, exceptional P,` 01 W E H E 8 6 T service, and community engagement that encourages and inspires prosperity INAMIRE1