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5.6. SR 09-20-2010'-i // Elk REQUEST FOR ACTION River TO ITEM NUMBER Ci Council 5.6. AGENDA SECTION MEETING DATE PREPARED BY Communi Develo ment Se tember 20, 2010 erem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED By Request by The Depot of Elk River, LP (Duffy Development) for Resolution Approving an Easement Vacation, Case No. EV REVIEWED BY 10-01 -Public Hearing ACTION REQUESTED Staff recommends approval of vacating a portion of a drainage and utility easement over a portion of Lot 1, Block 1, Elk River Station third addition. BACKGROUND/DISCUSSION Elk River Station Third Addition was platted as part of the development of the apartment building proposed by the original developer of the site. Part of the plat included an easement that protected the water main serving a fire hydrant in the middle of the parking lot. As part of the site review of the Depot at Elk River Station apartment building, the parking lot was adjusted and the fire hydrant was relocated outside of the easement. As part of this vacation, a new easement will be provided to protect the water main serving the fire hydrant. No other utilities will be impacted with this vacation. Location Lot 1, Block 1, Elk River Station Tllird Addition FINANCIAL IMPACT None ATTACHMENTS ^ Exhibit A -existing easement ^ Exhibit B - proposed easement ^ Location map ^ Resolution No. 10-_ vacating a portion of the drainage and utility easement Action Motion by Second by Vote Follow Up C:\Documents and Settings\XPMUser\Local Settings\Temporary Internet Files\OLK66\SR to CC RE easement vacation for Depot at ER station 9-20.10 (5).doc G:\~c~d Projects\8843-30\r. ,vg\i=Xh~3iT5\8843-3GES~gT_XHi3t.dwg, ESR4T_`/AC, S/i~/2G1G 56:13 ,4~1, bci:che EXHIBIT A Easement Vacation Exhibit for: DUFFY DEVELOPMENT COMPANY Lot 1, Block 1 Job # 8843.30-i1 Book/Page: Seale: 1 °=80' Date: 8{18/10 ELK RIVER STATION 3RD ADDITION ------------ J1 -~---- \ ~ ;~ ~ ~o~ ~ ~~s ~ ~~ ELK R/VER ~~ THIRD o N_ ~. \ i~ ~ 3 i ~ ~ ~~F. - ~ A `` o N ~ry ~ ~' o S)OS: 1 ^~ ' "' o 1 N~N ~ ~ X01' zM ~ ~~ )( ~y2>'f = ?t .N ~, ~ ~ car z , ~t~. _~ II ~\ ~ \ 8y 3),~ ~ •S ~6~ N .~ __ ~v__-- STATION ADDITION DRAINAGE do UTILITY EASEMENT PER PLAT f ELK RIVER STATION THIRD ADDIDTION / / E~= 11 lji• / (~,% O ~i - ~ ~ (TO BE VACATED) / ~ f-.: ~~ BLOCK ~, d 32 51'5/„ /~ So ~' ~ ' I COT ~y@ /Ne OF \ i~ COOK / / ^. `.: / ~ \ / ~ ~` ~ ~ ~ .~;= ~ `~ f `- ~/~ ; ., / ~ `1j `'' / ory `j=~ // 2 `',,`,`, / ~~ ~' L' 115, 58 ~ ~ ~' ~ N88 59 36"E ~ R? 25.pp I'~ / g \ s` L / i ~~ `_ 9 ~ ('~ --..._ ~ ` N>0 3js3 W i /S p~kRNFR OF I \ATjON' eLk LOT \ TNIRaR~~fR /, IL' ITI . Q, O / I ,.., , ._., , ~ \ ~1~/V \ ~lT pN \ \ DRAINAGE AND UTILITY EASEMENT TO BE VACATED Thot part of the droinage and utility easement, as dedicoted on the recorded plat of ELK RIVER STATION THIRD ADDITION, Sherburne County, Minnesota lying 10 feet on each side of the following described centerline: Commencing at the southeast corner of Lot I, Block I, said ELK RIVER STATION THIRD ADDITION; thence North 70 degrees 37 minutes 53 seconds West, assumed basis of bearings, along the south line of said Lot I, a distance of 99.16 feet; thence westerly along the south line of said Lot I and along o tangential curve concave to the south having a radius of 325.00 feet and a central angle of 5 degrees 43 minutes 51 seconds, a distonce of 32.51 feet; thence North 64 degrees 37 minutes 50 seconds West not tangent to said curve, a distonce of 99.56 feet to the point of beginning of the centerline to be described; thence North 42 degrees 07 minutes 49 seconds East, a distance of 106.72 feet; thence South 70 degrees 39 minutes 27 seconds East, a distance of 59.34 feet; thence North 19 degrees 20 minutes 33 seconds East, a distance of 27.33 feet and said centerline there terminating. The sidelines of said easement to be vacated shall be prolonged or shortened to terminate on the above described line and its extension which bears North 64 degrees 37 minutes 50 seconds West. Oliver Surveying & Engineering, Inc. Land Surveying • Civil Engineering • Land Planning 580 Dodge Ave. Elk River, MN 55330. 763.44].2072 fac. 763.441.5665 www.oliver-se.com ~:\Lcrc f'~c.ec,s\~~L3-3C~\dwg\EX-il3-~\81343-3CES~~IT_X-E2.cwg, =Sf~1T, ~f'~f2~'~ 1~:~~1:~1 3~i, ccliche EXHIBIT B Easement Exhibit for: .DUFFY DEVELOPMENT COMPANY Lot 1, Block 1 cab ~ ee4s.ao-~~ BaakfPage: Scale: 1"~60' Date: 8/18/10 ELK RIVER ,STATION 3RD ADDITION J+ ~~ ~ lu ~ ~~a~s ~~ ELK RIVER a ~ N N~ \ n Mk ltd aY c~a~ p}CZN `° ` ill Z N r'~r 2~ ~ ;P ~~ Se N _~ ~ --- ~• ~- ._.- STA TIOIV THIRD AD©l Tl L?N S81°r33't4"E _ 4216 ~. PROPOSED DRAINAGE & UTILITY EASEMENT ~ ~5~~$~$ p~W ~~~~ ~~ tOT i BLOC~C I d 32 5t Slry ~. ` l ~~ 8L p~~ ~ ':% J }. i `;~' r ~,~- i " `'' ~ ~ ~='~_~ ~-•, ':; r `,;,'t, ~ `r. 1( '~4`'`l. i r I ~' ~. ~ ~ n `~.. A' ~ +~ `z~( f b~ fem. !J `j+,~ !~ M ~V ~jJ~}- !h _ !~ +~, o - <<_ N :ti `i c~ •'' ~~ ` N88°59 36"E $` R 325.001.,• __ ~ ~` ~ gam'{`' l r-- Nip ~ ~$ ~~- : 1 /~~ C ~''\\ \ pN'RDR/VPR i, &~~~~ i ~ :~ i r iv~ L~, iii , i ~ ~ {'::~ -- .~ ~~ ~~ `\,TfO~ ~. ~. PROPOSED DRAINAGE AND LiTILITY EASEMENT An eosemnet for drofnoge and utility purposes aver, under and across that part of Lot t, Stock 1, ELK RIVER STATION THIRD ADDITION, according to the recorded plat thereof, Sherburne County, Minnesoto lying IO feet on eoch side of the following described centerline: Commencing of the southeast comer of Lot t, Block I, said ELK RIVER STATION TFIIRD ADDITION; thence North 70 degrees 37 minutes 53 seconds West, assumed basis of bearings, along the south line of said Lat i, a distance of 99.16 feet; thence westerly along the south line of said Lot I and along a tangential curve concave to the south having a radius of 325:00 feet and a central angle of 5 degrees 43 minutes 51 seconds, a distance of 3251 feet; thence North 64 degrees 37 minutes 50 seconds West nai tangent to said curve, o distonce of 111.45 feet to the point of beginning of the centerline to be descnbed; thence North 30 degrees 37 minutes 28 seconds East, a distonce of 128.44 feat; thence South 81 degrees 53 minutes !4 seconds East, a distance of 42.16 felt and said centerline there terminating. The sidelines of sold easement shall be prolonged or shortened to terminate on the ~avs descrbed line and its extension which bears North 64 degrees 37 minutes 50 seconds West. diver Surveyang ~ Engineering, Inc. Land Sr~eying • Civil ExigiAeerbig • LandPlmenirig 580 Dodge Ave. Elk River, MN 5533fl•7b3.441.2072.fac.763.441.Sbb5 www.oliver-se.com Wd S£ 6b OT OiOZ/6/6 '6Mp deW uoi~e~o~~p~~uoile~5 aanib ~II3 TO-OT ~3V~3\sa~l~ ase~~6uiuue~d~~uawdo~ana4 laiunwwo~~s~uaw~edaQ~:N RESOLUTION 10 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING A DRAINAGE AND UTILITY EASEMENT Case No. EV 10-01 WHEREAS, the applicant has requested the Ciry Council in a petition dated July 29, 2010 to vacate such easements according to law; and, WHEREAS, a public hearing was held on September 20, 2010, before the City Council at the Elk River City Hall on such petition after duly published and posted notice had been given 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 in Exhibit A is hereby vacated; subject to the following conditions: 1. A revised easement (attached, Exhibit B) be recorded Adopted by the Elk River Ciry Council this 20`'' day of September, 2010. Stephanie Klinzing, Mayor ATTEST: Tina Allard, City Clerk EXHIBIT A ~~ ~.., ri ~ ~~' ~ ~ ~ ~ S to ~ ~. ~ ~ 4 3 a it .n t - t ..E,. _._ _b ~ ., '.__ _. „'Sfr.1. ._ r _. ,,, r~, ,.~..w __ J 1,'. .gip € it i,. 4c ~_~ f°j ~ 1`~~ _. .., -.,- k .. - _ '.':~ iJL .,. "' _ _, .,~ ;_ ft_ _ .°n .' .. .. _,.. ,.. ... ... DTs ,`tom. .~Y`f1 EXHIBIT B PROPOSED DRAINAGE AND UTILITY EASEMENT An eesemnet for drainagge and utility purposes aver, under and across that port of Lot !, Stock i, ELK RIVER STATION TH[RD ADDITION, according to the recorded plot thereof, Sherburne County, Minnesota lying 10 feet on each side of the following described centerine: Cornrnencing at the southeast comer of lot i, Black I, sa'sd ELK RIVER STATION THIRD ADDITION; thence North 70 degrees 37 minutes S3 seaorrds 'M1'est, cssumed basis of beorings, olong the south line of said Lot I, a distnnce cf 9g.16 feet; thence westei'Iy along the south Isne of said Lot I and along o tangentioi curve concave to the south having a radius of 325.00 fQe'`: and a central angle of 5 degrees 43 minutes 51 seconds, a distance of 32.5E feet; thence North 64 degrees 37 minutes 50 seconds West net tangent to said curve, o distnnce of III.45 feet to the point of beginning of the centerline to be descrbed; thence North 30 degrees 37 minutes 28 seconds East, o distance of 128.44`eet; thence South gi degrees 53 minutes 14 seoonds East, a distnnce of 42.16 feet and said centerline there terminating. The sidelines of sold easememt shaA be prolonged ar shnrtered to terminate on the above described line and its extension which bears North 64 degrees 37 minu#es 50 seconds West.