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7.3. SR 07-21-2003MEMORANDUM Item # 7.3. TO: FROM: DATE: SUBJECT: Mayor and City Council Scott Harlicker, Senior Planner~ July 21, 2003 Case No. EV 03-03 Request by Thomas Hartman for Easement Vacation - Lot 10, Block 2, Fox Haven Request Consider a request by Thomas Hartman for an easement vacation. Location Lot 10, Block 2, Fox Haven Zoning/Land Use Rlc (Single Family Residential) / MR (Medium Density Residential) Attachments · Location Map · Easement Exhibits · Memo from the City Engineer · Resolution No. 03- Overview The Council is considering a request to approve a Registered Land Survey to split Lot 10, Block 2, Fox Haven into two parcels. Each of these parcels would then be combined with the two adjacent lots. This will require the vacation of the 5 foot drainage and utility easements along the old side lot lines. The City Engineer has reviewed this request to vacate the easements; his comments are included in the attached memo. Memo to Mayor & City Council/EV 03-03 July 21, 2003 Page 2 Recommendation Staff recommends that the Council approve Resolution No. 03- vacating the drainage and utility easements along the side lots lines of lot 10, Block 2, Fox Haven with the following conditions: TRACT A SHALL BE COMBINED WITH LOT 9, BLOCK 2, FOX HAVEN AND TRACT B SHALL BE COMBINED WITH LOT 11, BLOCK 2, FOX HAVEN. S:\PLANNING\Case Files\2003\EV 03-03 Hartman\CC7-21.doc SITE PARK NO. 52 CENTER DRIVE BUSINESS CENT DRIVE OUILOI ^ SECOND ADDI 183RD AVENUE ORONO COUNTY FAIR OROUNOS SOFTB,~LL PARl Case Number: Location Map P 03-06 EV 03-03 THOMAS HARTMAN N E~sernen~ Exhibi~ Tt-I OMA S HA R TlvIA N CURVE TABLE CURVE [ENGTH RADIUS DELTA CHD.BEARtHO C-17 8.50 805.00 00°36'17" S08°50'00"E C-19 46.52 65.00 41°00'06'' S45°53'00"W Job # 7019.22 Book/Page: ×~-XX Scale: 1 "=60' Date: 06/09/03 0 Denotes iron pipe set with a plastic plug stamped RLS 21729. · Denotes iron pipe found. Drainage and Utility Easements are show~ thus: is[~I _~ .... J~L' ~ X ORONO LAKE Water Elevation 872.2 feet (N.O.V.D. 1929) (As of June 7, 2001 Normal High Water Mark: 871.5 feet (NG.V.D. 1929) ·, ~ ',', 2 ~-:-P.O.B. I0 ,,T,r~ ~ .~ LINE A ~4"/6°45'~-~"a~qf5 ~ NORTHEAST CORNER OF LO] I0 r- - NORTHEAST LINE OF LOT I0 \ ,,--LINE A '.-- ~ Drainage ~'~, Utility Easement LINE OF LOT lO NORTH'~IN[ OF THE -~ ,o SOUTHWEST -- - ~ CORNER OF LOT I0 VACATING DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION: That part of the drainage and utility easement dedicated in the plat of FOX HAVEN, Sherburne County, Minnesota described as the northeasterly and easterly 5.00 feet of Lot I0, Block 2, of said FOX HAVEN which lies Northerly of the South I0.00 feet of said Lot I0, and South of the following described Line A: Commencing at the Southwest corner of said Lot I0; thence on a plat bearing of North 47 degrees 17 minutes 57 seconds West along the southwesterly line of said Lot I0, a distance of 200.00 feet for a Point of Beginning of said Line A; thence North 76 degrees 45 minutes 37 seconds East a distance of 159,98 feet to the Northeast corner of said Lot I0 and said Line A there terminating. John Oliver & Associates, Inc. Civil i~ngineeving. Land Surveying. £and Planning 580 Dodge Aven~e Elk River, Minnesota 763-44 ~-20.72 (FAX)763-441--5665 Offices in: Elk River, Bu~sville and Brooklyn Center, Mi~nesota asernen Exhibif War: TI OJl/[A I-[ARTlkZAN CURVE TABLE CURVE LENGTtl RADIUS DELTA CHD.BEARING C-17 8.50 805.00 00"56'17" S08°50'00"E C-19 46.52 65.00 41°00'06" S45°53'00"W Job # 7019.22 Book/Page: Scale: 1 "=60' Bate: 06/09/03 _ ODenotes il'on pipe set with a plasl, ic plug stamped RLS 21729. · Denotes ivan pipe found. Drainage and Utility Easements are shown thus: ]s sI ORONO LAKE Water Elevation 872.2 feet (N.G.V.D. 192g) (As of dune 7, 2001 Normal High Water Mark: 871.5 feet (N.G.V.D. Ig29) .- :3 % ,--- P.O.B. !405 , LINE X '76 ,?~ ¢_~ ~-J r--NE CORNER OF LOT IO \ ..--NORTH LINE OF lite ,/ SOIJTIt I0 FEE[ OF LO1- I0 r-- LINE A x.\ ~- Drainage & .'* ( Utility Easement \~ \ 0'~- % 'xx t° be Vacated \, SOUTHWEST--~' ~ ~ u~,~ . ..' VACATING DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION: That part of tt~e drainage and utility easement dedicated in the plat of FOX HAVEN, Sherburne County, Minnesota described as the southwesterly 5.00 feet of Lot I0, Block 2, of said FOX HAVEN which lies Northerly of the South I0.00 feet of said Lot I0, and South of the following described Line A: Commencing at the Southwest corner of said Lot I0; thence on a plat bearing of North 47 degrees 17 minutes 57 seconds West along the southwesterly line of said Lot I0, a distance of 200.00 feet for a Point of Beginning of said Line A; thence North 76 degrees 45 minutes 37 seconds East a distance of I,:39.98 feet to the Northeast comer of said Lot I0 and said Line A there terminating. John O//ver& Associates, Inc. 580 Dodge Avenue EIIc Rive*', Mir~nesolct 763-44 !-2072 (FAX)763-44 !-5665 Offices in: Elk Rive,', B~rnsville a~-td B*`ook~l/rt Cente*`, Mi'~nesota EasemenL Exhibit: For: THOMA HA2?TMAN CURVE TABLE CURVE LENGTH RADIUS DELTA CHD.BEARING C-I 8.50 805.00 00°56~t7" S76°2g13.5"E C-2 19.01 65.00 16°45'09" S84°25'59"W C-3 27.51 65.00 24°14%8'' S75°04'18"W Job # 7019.22 Book/Page: Scale: 1"=60' Date: 06/09/03 0 Denotes iron pipe set wiLh a plastic plug stamped RLS 21729. · Denotes iron pipe found. Drainage and UtiliLy Easements are shown Lhus: ORONO LAKE Water Elevation 872.2 feet (N.G.V.D. 1929) (As of June 7, 2001 Norm(Il High Wdter Mark: 871.5 feet (N.G.V.D. 1929)/ P.O.B. ~',~"" LIN E ~-~ .99 \ LINE SOUTHWESTERLY- ~/ LINE OF TRACT A Proposed 5'Wide .... Drainage ¢: Ut/I/t)/ Easem en t NORTH LINE OF THE .... SOUTH I0.00 FEET OF TRACT A i--NORTHEAST CORNER x OF TRACT B \ 69.9 ~ 0 / , ? SOUTHWEST-- CORNER OF TRACT A /--NORTHEASTERLY // LINE OF TRACT A PROPOSED DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION: The Northeasterly 5.00 feet, of Tract A, REGISTERED LAND SURVEY NO. Sherburne County, Minnesota, which lies Northerly of the South I0.00 feet of said Tract A, and South of the following described Line A: Commencing at the Southwest corner of said Tract A; thence North 47 degrees 17 minutes 57 seconds West, assumed bearing, along the southwesterly line of said Tract A, a distance of 200.00 feet for a Point of Beginning of said Line A; thence North 76 degrees 45 minutes ,37 seconds East a distance of 159.98 feet to the Northeast corner of Tract B of said REGISTERED LAND SURVEY NO. , and said Line A there terminating. John Oliver & Associates, Inc. Civil E~ginee~ng, Land~$u~eying, Land 580 Dodge Ave~e Elk Rive~ Minnesota 763-441-2072 (FAX)763-441-5865 Offices in: Elk River, Burnsville and Brooklyn Center, Minnesota Howard R, Green Company July 9, 2003 File: 821310J-0240 Mr. Scott Hadicker Senior Planner City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: FOX HAVEN ADDITION EASEMENT VACATION/DEDICATION Dear Mr. Harlicker: As requested, we have reviewed the proposed easement vacation and dedication relative to the Registered Land Survey of Lot 10, Block 2, Fox Haven Addition for Mr. Tom HaRman. As you are aware, if the registered land survey is approved, Lot 10, Block 2 will be divided and half attached to each of the adjacent lots. This will require the vacation of the five-foot drainage and utility easement along the old side lot lines and the rededication of a new ten-foot drainage and utility easement (five- foot on each side) of the newly established lot line, base on the Registered Land Survey. We have reviewed the four documents prepared by John Oliver & Associates and find them to be correct and would recommend approval of the two easement vacations and the two easement dedications. If you have any questions regarding this information, please call. Sincerely, Howard R. Green Company TJM:sw Itr-070903-Harlicker 1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389 RESOLUTION 03 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS Case No. EV 03-03 WHEREAS, the property owner abutting the street, drainage, and utility easement has requested the City Council in a petition dated, May 28, 2003, to vacate such easement according to law; and, WHEREAS, a public hearing was held on July 21, 2003, 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 July 10, 2003 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: Exhibit A and Exhibit B Adopted by the Elk River City Council this 21~ day of July, 2003. A"ITEST: Stephanie Klin?ing, Mayor Patrick Klaers, City Administrator Document4 ~a s em en ~ Exhibit For': THOMAS HARTMAN CURVE TABLE CURVE LENGTH RADIUS DELTA CHD.BEARING C-17 8.50 805.00 00°36'17`' S08°50'00"E C-19 46.52 65.00 41°00'06'' S45°53'00"W Job # 7019.22 Book/Page: XXX=XX Scale: 1"=60' Date: 06/09/03 0 Denotes iron pipe set with a plastic plug stamped RLS 21729. ® Denotes iron pipe found. Drainage and Utility Easements are shown thus: 15 51 o o_ ORONO LAKE Water Ele¥otion 872.2 feet (N.G.V.D. 1929) (As of June 7, 200t Normal High Water Mark: 871.5 feet (N.O.V.D. 1929) -¢ ~' 2 ~-- P.O.B. lO ,.~,,~ LINE A .~6°~ ~ ~ ~ ~--LINE A r--NORTHEAST I CORNER OF \ \ LOT 10 \ r- - NORTHEAST \ LINE OF LOT I0 % \'/ Utility Easement \ Drainage & --~-.. to be Vacated SOUTHWESTERLY ---.. ,INE o -LOT ,0 EAST LINE __ !} OF LOT I0 SOUTh FO'.~-o -~:E['~- X~ ~ -,, OF LOT I0 SOUTHWEST - - ~ ~ CORNER OF LOT I0 VACATING DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION: That part of the drainage and utility easement dedicated in the plat of FOX HAVEN, Sherburne County, Minnesota described as the northeasterly and easterly 5.00 feet of Lot I0, Block 2, of said FOX HAVEN which ties Northerly of the South I0.00 feet of said Lot I0, and South of the following described Line A: Commencing at the Southwest corner of said Lot I0; thence on o plat bearing of North 47 degrees 17 minutes 57 seconds West along the southwesterly line of said Lot I0, a distance of 200.00 feet for a Point of Beginning of said Line A; thence North 76 degrees 4-5 minutes 57 seconds East a distance of 159.98 feet to the Northeast corner of said Lot I0 and sold Line A there terminating. John Oliver & Associates, Inc. Civil ffngi~ee~ng, Land Surveying, Land Planning I580 Dodge Aven~e Elk River, Minnesota 763-44 ~-2072 (FAX)763-44 ~-5665 I O//ices i~: Elk River, Burnsville and Brooklyn Center, Minnesota CURVE TABLE CURVE LENGTH RADIUS DELTA CHD.BEARING C-17 8.50 805.00 00°36'17'' S08°50'00"E C-19 46.52 65.00 41"00'06" S45°53'00"W Job # 7019.22 Book/Page: XXX=XX Scale: 1"=60' Date: 06/09/03 O Denotes iron pipe set with a plastic plug stamped RLS 21729, · Denotes iron pipe found. ~rainage and U[ili[y Easemen[s are " shown thus: is ~[ _-; .... J L _o ORONO LAKE Water Elevation 872.2 feet (N.G.V.D. 1929) (As of June 7, 2001 Normal High Water Mark: 871.5 feet (N.O.V.D. 1929) v 2 C--P.°.8-% - LINE A '76 ~ -~ r--- LINE A ~- Droinoqe & * ~ Utility Easement xx to be Vocoted SOUTHWESTERLY- LINE OF LOT I0 r--NE CORNER OF LOT I0 \ ¢--NORTH LINE OF THE SOUTH I0 FEET OF LOT I0 IiX °o. ,. I VACATING DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION: That part of the drainage and utility easement dedicated in the plot of FOX HAVEN, Sherburne County, Minnesota described as the southwesterly 5.00 feet of Lot I0, Block 2, of said FOX HAVEN which lies Northerly of the South I0.00 feet of said Lot I0, and South of the following described Line A: Commencing at the Southwest corner of said Lot I0; thence on a plot bearing of North 47 degrees 17 minutes 57 seconds West along the southwesterly line of said Lot I0, a distance of 200.00 feet for o Point of Beginning of said Line A; thence North 76 degrees 45 minutes 57 seconds East a distance of 159.98 feet t© the Northeast corner of said Lot I0 dnd said Line A there terminating. John Oliver & Associates, Inc. Civil Engineering, Land Surveying, Land Planning 580 Dodge Avenue Elk River, Minnesota 763-44 t-2072 (FAX)763-44 !-5665 Offices i~' Elk River, Burnsville and Brooklyn Center, Minnesota