The URL can be used to link to this page

Home My WebLink About#05 - 55th St. N. Vacated StreetSTAFF REPORT DATE: June 9, 2020 DISCUSSION AGENDA ITEM: 55th St N Vacated Street SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: At a work session earlier this year Council member Bloyer and Mayor Pearson asked staff to look into what it would take to get back the portions of 55th St N that were vacated by a previous council. ISSUE BEFORE COUNCIL: Should the city pursue getting back the vacated portions of 55th St N? PROPOSAL DETAILS/ANALYSIS: I contacted the city attorney to look into the situation and her response is below. You had asked us to look into whether any of the portion of 55th Street North that was vacated by the City was owned in fee by the City as the City is possibly interested in re-establishing that right-of-way. The plat of Carriage Station dedicated all of 55th Street North (66 feet in width) running along Lots 1-9, Block 4 to the City. Since a dedication of a right-of-way in a plat is considered an easement, the City does not own any of this portion of 55th Street in fee. As for who owns the vacated portions of 55th Street, since the entire 55th Street right-of-way was dedicated in the plat of Carriage Station, the lots in Carriage Station (Lots 1-9, Block 4 and Outlot A) owned the portions of the vacated street that are adjacent to their respective properties and the unplatted properties to the north did not own any portions of the vacated street. In its resolution vacating 55th Street, the City did require the owners of Lots 3-9 to deed 33 feet of the northerly portion of the vacated 55th Street to the property owners across the street. It appears that only some of the property owners did this, so some of the owners of the platted lots still own the entire width of 55th Street instead of just the south 33 feet. If the City wishes to re-establish this right-of-way, since all of the vacated right-of-way property is owned in fee by the adjacent property owners, the City will need to acquire easements from these property owners. If the property owners do not wish to give the City an easement, the City may condemn for these purposes. FISCAL IMPACT: Condemnations can cost around $40,000 per property. ATTACHMENT: • Carriage Station Plat • Resolution Vacating a Portion of 55th St N.