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it ci <br />Elk* <br />River <br />Request for Action <br />To <br />Item Number <br />Mayor and Council <br />7.4 <br />Agenda Section <br />Meeting Date <br />Prepared by <br />Public Hearing <br />April 19, 2021 <br />Zack Carlton, Planning Manager <br />Item Description <br />Reviewed by <br />Easement Vacation: Oxford Avenue Right -of- <br />Cal Portner, City Administrator <br />Way <br />Reviewed by <br />Action Requested <br />Adopt, by motion, a resolution vacating a portion of the right-of-way for Oxford Avenue, with the condition that <br />recording of the resolution shall be coordinated with the construction schedule for Highway 10. <br />Background/Discussion <br />The planned work on Highway 10 through Elk River includes <br />resurfacing, trail work, and the termination access to Highway 10 <br />from Oxford Avenue. This elimination of access requires the vacation <br />of approximately on block of right-of-way between Highway 10 and <br />5"' Street NW. <br />The property on the west side of Highway 10 is privately owned and <br />the owner has been working directly with MnDOT regarding <br />driveway and access replacement. The agreement between the two <br />parties has not yet been finalized but is nearing completion. The <br />property on the east side of Oxford Ave is the veteran's memorial, <br />which is located entirely within MnDOT right-of-way. <br />The one block vacation of Oxford Avenue will transfer the property <br />to the property owner to the west. Typical vacations split the right-of- <br />way down the middle and provide half to each adjacent property <br />owner. In this case, MnDOT and the private property owner are <br />working together on an agreement to transfer the entirety of the <br />vacated right -or -way to the property owner to the west. As this <br />agreement is still under negotiation, staff has included two conditions <br />to ensure the recording of the resolution vacating the right-of-way is <br />coordinated with the approval of the agreement and the construction <br />schedule. <br />RR <br />Hwy 10 <br />CR 12 <br />�P <br />ti" <br />.o <br />�9 <br />Figure I - <br />Applicable Regulations <br />Easement and right-of-way vacations must be in the public's benefit to receive approval from the City Council. In <br />this case, the vacation was proposed by MnDOT as part of the work along Highway 10 to improve overall safety <br />The Elk River Vision P I I E I E o I Y <br />A n elcoming community with revolutionary and spirited resourcefulness, exceptional INATUREI <br />service, and community engagement that encourages and inspires prosperity. Updated. August 2020 <br />