RES 10-49RESOLUTION 10 - 49
• 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 City 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 City Council this 20~' day of September, 2010.
\Il-,l ~~
Steph nie Klinzing, r
ATTE~T: ~~-~,
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Tina Allard, City Clerk
•
EXHIBIT A
OftAINAG£ AND IITILiTY' EASEMENT TO BE VACATED
That part of €hv drainoo- and utiity e~s~~ent, os dedttvted an the recorded pint of E:>t RfVEFt STATION TWIR]
A1?DITIt~Fi, 5ltierbume County, ~1lnneeotc I~~ing i~ feet on each ode of the fallowing described tent~Fine:
Ccrr.rnencing at tte gout^eaet comer of Let 1, i3iack I, 9a+d ELK RIVER STATION THIRD AODITiON: thenoe
North 70 degreee 37 m~^utev 53 aa+evvrcda ?<~~t, osvumvd basis a# t.voringa, olan4 the eauth inr of >tald Lot I, o d±stance
cf ~q-i8 feet:. thence westvrty slang the south ilne of sold Lot (and alor•q a tcsngevetlaG eurve tx+ncavv to ~e south
ho.tng o radius of 325.OU het and ¢ avntrgl angle of S dagreev 43 rn'a~rutee 5l eecands, a dlstancv of 32.5a feet; thence
North 64 degrees 37 me,utes 50 seconds YReat net tangent to said curvy, a distonce of 99.56 fesei to the paw: of
beginning of the c^..nteriSasc to br dvscriiasd; theme Yorth 42 degrees 07 m"~iutes 49 seconds Eost. a disivnco- ar i~fi.?:.
felt: tl?~ca South '"'S crcgree3 39 minutes ?T ids Eost, a distance of 59,34 fevti-thanes North I? dearer 2G
rrinutes 33 stc~rCs east, a distance of 27.35 feet end said centerlne tt?wv tvrmmotiag. Thy sitle€ines of seta east
to bs vatoktd shop be prQtonged ar shorttaned to tarrninate on tfre above descrtib++~d Itr*e end tf Extansian whi:M bears
feorttr 64 degrees 3? mwsutes SQ seedy iYe3t_
EXHIBIT B
PROPOSED DRAINAGE AND UTILITY EASEMENT
An easemnet for drainsge and utility purposes over, under and across that port of Lot I, Block i,
ELK RIVER STATION THIRD ADDITION, according to the recorded plat thereof, Sherburne County, Minnesota
tying 10 feet on each side of the following descried centerline: Commencing at the southeast ccxner
of Lot 1, Block 4, said ELK RIVER STATION THIRD ADDITION; thence North 70 degrees 37 minutes
53 seconds West, assumed basis of trear'mgs, olong the south line of said lot 1, a distance of g9.lfi feet;
thence westerly along the SOUth Ilne of said Lot I and atong o tangential curvy concrove to the south having a radius
of 325.A0 fret and a control angle of 5 degrees 43 minutes 51 seconds, o distonce of 32.51 feet thence North 64
degrees 37 minutes 50 seconds West not tangent to sold curve, o distance of IIL45 feet to the point of beginnnng of
the centerline to be described: thence North 30 degrees 37 minutes 28 seconds £ast, o distance of 128.44 feet thence
South 81 degrees 53 minutes I4 seconds East, a distonce of 4216 feet and said centerline there terminating. The
sidelines of said eosement shall be prolonged or shortened to terminate on the above described sine and its extension
which bears North 64 degrees 37 minutes 50 seconds West. ,
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EACH I BIT A
Easement Vacation Exhibit for: DUFFY DEVELOPMENT COMPANY
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Lot 1, Block 1 Job # 8843.3D-11 Book/Page:
Scale: 1 "=60' Dnte: 8/18/10
ELK RIVER STATION 3RD ADDITION
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DRAINAGE AND UTILITY EASEMENT TO BE VACATED
Thot part of the drainage and utility easement, as dedicated 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 a tangential curve concove to the south
having a radius of 325.00 feet and a central angle of 5 degrees 43 minutes 51 seconds, a distance of 32.51 feet; thence
North 64 degrees 37 minutes 50 seconds West not tangent to said curve, a distance 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 distonce 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 shalt 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, MIV 55330.763.447.2072 •fac. 763.441.5665
www.oliver-se.com
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EXHIBIT B
Easement Exhibit for: DZ~F.F'Y DEVELQPM.ENT CDMPAN.~'
Lot 1, BIoCk 1 aab ~ aa4s.so-u Baok/Page:
ELK RIVER STATION 3RD ADDITION scare: i"=s°' Date: e/> s/1D
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& UTILITY EASEMENT
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PROPOSID DRAINAGE AND UTILITY EASEMENT
An easemnet for drainage and utility purposes over, under and across that part of Lot I, Block 1,
ELK RIVER STATION THIRD ADDITION, according to the recorded plat thereof, Sherburne County, Minnesota
tying f0 feet on eoch side of the following described centerline: Commencing of the southeast corner
of Lot I, Block I, snid ELK RIVER STATION THIRD ADDITION; thence North 70 degrees 37 minutes
53 seconds West, assumed bosis of bearings, along the south line of said Lot 1, a distance of 99,16 feet;
thence westerly along the south line of soid Lot I and along a tangential curve concave to the south having a radius
of 325:OD feet and a central angle of 5 degrees 43 minutes 51 seconds, o distance of 3251 feet; thence North 64
degrees 37 minutes 50 seconds West not tangent to said curve, o distonce of 111.45 feet to the point of beginning of
the centerline to be descrbed; thence North 3D degrees 37 minutes 28 seconds Eost, a distonce of 128.44 feet; thence
South 81 degrees 53 minutes 14 seconds East, a distance of 42.16 feet and said centerline there terminating. The
sidelines of said easement shall be prolonged or shortened to terminate on the above descrbed tine and its extension
which beors North 64 degrees 37 minutes 50 seconds West.
Oliver 'S`urveying ~i ~~gineering, Inc.
Land svrveyng • civil Engineenig •~narr,
S80DodgeAve. ElhRrver, MN 55330.763.441.2072 fac. 763.44I.Sb65
www.oliver-se.com