6.1. SR 09-17-2001River
13065 0r0n0 Parkway
Elk River, MN 55330
TO:
FROM:
DATE:
SUBJECT:
Item # 6.1.
MEMORANDUM
Mayor and City Council
Michele McPherso~irector of Planning
September 17, 200 I
Case No. EY 01-02
Request by Richard Chamberlain to Vacate a Portion of a
Drainage and Utility Easement
Request
The applicant requests that a portion of a drainage and utility easement be vacated in order
to allow construction of a new septic drainfield.
Attachments
· Location map
· Property survey
· Site plan
· September 12, 2001 Memo from City Engineer
· Resolution No. 01-
· Area of easement to be vacated
Location
11214 194th Avenue
Zonin=lLand Use
Rla, Single Family Residential (2 ~ acre minimum lot size) / LR, Low Density Residential
Analysis
The subject property is approximately 2.45 acres in area and was platted as part of the
Deerfield 2na Addition. There are a number of easements encumbering the property
including an easement over a wetland and a powerline easement along the east property line.
Phone: 763.441.7420
Fax: 763.441.7425
www. ci.elk-river, mn.us
Memo to Mayor & City Council/EV 01-02
September 17, 2001
Page 2
The existing septic drainfield located adjacent to the east property line no longer meets the
certification requirements. The only remaining site suitable to support a septic drainfield is
located along the west property line within a 60 foot drainage and utility easement. The
applicant is requesting that 40 feet of the easement be vacated to allow construction of the
drainfield.
The city engineer has reviewed the request and suggests that additional information be
provided to ensure that surface water drainage from 198th Avenue to the wetland area
continues to function once the drainfield has been constructed.
Recommendation
Staff recommends that the City Council approve the attached resolution authorizing the
easement vacation with the condition that the applicant provide additional information to
the city engineer regarding surface drainage.
S:\PLANNINGKMICHMC\CCREPRTS\EV01-02.DOC
~~ Location Map
I Case Number: EV 01-02
lxlver
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31.62
6
7
9
8
WETLAND
EA SEMEh
O~
lcd
50
!-
208.50
POFNT/N 47.30
CEN~RLiNE
O~ POWER Ch ~4~26
EASEMENT
IS 3.5 FEET
~OF SECT/O~ LINE
0
2()?.00
275.56
' ~SECTION CORNER
SHERSURNE COUNTY MONUMENT
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RESOLUTION 01 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY
EASEMENTS
Case No. EV 01-02
WHEREAS,
the property owner abutting the drainage and utility easement has
requested the City Council in a petition dated July 25, 2001, to
vacate such easement according to law; and,
WHEREAS,
a public hearing was held on September 17, 2001 before the City
Council at the Elk River City Hall on such petition after due
published and posted notice had been given as well as personal
notice to affected property owners on September 7, 2001 and all
persons interested were given an opportunity to be heard; and,
WHEREAS, it appears that it will be in the best interest of the City to approve
such petition.
NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and
the drainage, and utility easement described as follows is hereby
vacated:
See attached Exhibit A
Adopted by the Elk River City Council this 17th day of September, 2001.
ATTEST:
Stephanie Klinzing, Mayor
Sandra Peine, City Clerk
S:kPLANNING\RESOLUTIkev01-02.doc
RICHARD CHAMBERLAIN
968.27
ANO UTILITY EA$1
TO ~E VACATED
Easement Vacation Exhibit For:
J x96~.~g ~ ~ .... ~ 72.60
~959.52 ~
90~
NW
5O
I00
S89°04'57"E
O Denotes iron pipe set with a plastle
plug stamped RLS 13057 or 21729.
· Denotes iron pipe found.
(~Denotes county section monument found.
150 Drainage and Utility Easements are
sho~rn thus:
DRAINAGE AND UTILITY EASEMENT TO BE
VACATED
That part of West 40.00 feet of Lot 8,
Block 6, DEERFIELD SECOND ADDITION,
Sherburne County, Minnesota, according to
the recorded Dlat thereof, lying Northerly
of a line drawn at a right angle to the
West lloe of said Lot 8 from a point on
SCALE
DATE:
, 8/10/01
~' /PG: 21,3/70
~,WN BY: ERW
-.rECKED BY: RMB
REVISIONS:
FEET
I hereby certify that this survey,
plan, or report was prepared by me
or under my direct supervision and
that I om o duly Licensed Land
Surveyor under the laws of the
state of Minnesota.
Signature: ~ ~ ~
Date: 8/10/01 Reg. No. 21729
said West line distant 130.00 feet South of
the Northwest corner of said Lot 8;
EXCEPT the North I0.00 feet of said West
~tO. O0 feet of said Lot 8.
John Oliver & Associates, Inc.
763-441-2072 ~.~[ 763-44f-5665
O)')'iee~ ir,. EUc Rivet',
c~Izd Broolclltn Peri:, Minnesot~
DRAWING FILE: NO.
H6217202.dwq 6217.20-102
Easement Vacation Exhibit For:
_'"- CHAMBERLAIN
~ X 968.27 AVE
x 966.29 ~ ~
DRAINGAGE
g
NW
964.49 ~ ~ 72.60
x 962.99
r ?
959.39
AND UTILITY EASEMENT--
TO BE VACATED
x 964.39
965.~8/---...__._~
j960.73x ~
959.79
957.40
37"E
6
DRAINAGE AND ----~.
..... UTILITY
x
x
x
-~-- 4o. oo
240.00
\
\
\
\
\
\
\
\
\
\
\
/
I
I
I
I
I
I
I
0 50 I00 150
SCALE
130.00
N89°30'40"E
IN
FEET
0 Denotes iron pipe set with a plastic
plug stamped RI~ 13057 or 21729.
· Denotes iron pipe found.
~)Denotes county section monument found.
Drainaie and Utility Easements are
shown thus:
15J51
........~ JJL ..... ~
S89°04'57"E
DRAINAGE AND UTILITY EASEMENT TO BE
VACATED
That part of West 40.00 feet of Lot 8,
Block 6, DEERFIELD SECOND ADDITION,
Sherburne County, Minnesota, according to
the recorded plot thereof, lying Northerly
of o line drown at o right angle to the
West Fine of said Lot 8 from a point on
said West line distant 130.00 feet South of
the Northwest corner of said Lot 8;
EXCEPT the North I0.00 feet of said West
40.00 feet of said Lot 8.
DATE: 8/10/01
BK/PG: 21 5/70
DRAWN BY: ERW
CHECKED BY: RMB
REVISIONS:
I hereby certify that this survey,
plan, or report was prepared by me
or under my direct supervision (]nd
that t (]m (] duly Licensed Land
Surveyor under the laws of the
st(]te of Minnesota.
Signature: ~
Date: 8/1 0/01
I'
Reg. No. 21729
John Oliver & Associates, Inc.
580 Do~ge A~e~e
~l~ Ri~e~, Mi~eeot~ 55330
763-441-2072 F~ 763-441-5666
Of~iees i~' Elk Rivet', B~ville
and Brookl~ Park, Minnesota
DRAWING FILE: I FILE NO.
H6217202.dwq I 6217.20-102
Howard
R, Green Company
September 12, 2001
File: 230273M-0325
Ms. Michele McPherson
Director of Planning
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE: RICHARD CHAMBERLAIN EASEMENT VACATION REQUEST
Dear Ms. McPherson:
As requested, 'we have reviewed the easement vacation request for the Richard
Chamberlain property located at 11214 - 198th Avenue NW. Mr. Chamberlain's
property is located in the Deerfield 2nd Addition, which Js a rural residential
neighborhood with on-site sewer .systems Mr. Chamberlain's sewer system has
apparently failed and he is looking for an. area to rebuild. Mr. Chamberlain's lot is
encumbered by a significant amount of drainage and utility easement along with a large
United Power Association easement along the entire east side of the lot. The request is
to vacate an area approximately 40 feet wide by 130 feet long in the northwest comer of
the lot. I have viewed the area, and it appears that the remaining 20-foot strip of
drainage and utility easement running to 198th Avenue will be capable of continuing the
drainage patterns from the street to the large easement area at the rear of his lot.
Based on my observation, I would recommend approval of the easement vacation with
one condition. That condition .is the applicant should provide additional detailed
information to show how' the drainage pattern from 198th Avenue to the drainage
easement in the rear of the property will be maintained such that none of it will fall within .
the area proposed to be vacated.
If you have any questions regarding this information, please call.
Sincerely,
Howard R, Green Company
Terry J. Maurer, P.E.
TJM:tw
Ltr 09-12-01 IVl~Pherson
1326 Energy Park Drive · St. Paul, MN 55108 · 6511644.4389 fax 651/644.9446 toll free 888/368-4389
TOTAL P.O1