6.8. SR 03-17-1997ty of
ITErI 6.8.
iver
TO:
FROM:
MEMORANDUM
Mayor and City Council
Steve Ach, City Planner~
DATE:
March 17, 1997
SUBJECT:
Request for Easement Vacation by
Jeff Mastley, Public Hearing Case
EV 97-1
Issl~e
Jeff Mastley is requesting to vacate certain drainage and utility easements
within Weatherwood Subdivision.
Attachments
· Resolution No. 97-
· Location map
· Survey
Overview
The Weatherwood Subdivision was originally platted to include certain drainage
and utility easements. The subject property, Lot 2, Block I of Weatherwood
Subdivision included an easement for a storm drainage pond along 198th
Avenue. While the subdivision was under construction, the grading contractor
modified the grading plan to relocate the storm drainage pond to a new location
along the east property line. By relocating this drainage pond, the previously
platted drainage easement is no longer necessary. Therefore, Mr. Mastley is
requesting to vacate the platted drainage and utility easement and execute a
drainage and utility easement document, granting to the city the new drainage
and utility easement.
Attached is a site survey identifying the existing drainage and utility easement
to be vacated, as well as the new easement that will be established through the
easement document.
Recommendation
It is recommended the City Council approve Resolution No. 97- ~ vacating
certain drainage and utility easements within the Weatherwood Subdivision
with the following conditions:
A grant of easement for drainage and utility purposes be and recorded
prior to recording the resolution vacating the easement.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 ° Fax: (612) 441-7425
RESOLUTION 97 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY
EASEMENTS
Case No. EV 97-1
WHEREAS,
the property owner abutting the street, drainage, and utility
easement has requested the City Council in a petition dated
February 10, 1997, to vacate such easement according to law;
and,
WHEREAS,
a public hearing was held on March 17, 1997 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 March 5, 1997 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:
The drainage easement as shown on Lot 2, Block 1,
Weatherwood, lying northerly of the southerly 10.00 feet
Adopted by the Elk River City Council this 17th day of March, 1997.
ATTEST:
Henry Duitsman, Mayor
Sandra Thackeray, City Clerk
s:\document\r esoluti\ev97 - 1 .doc
LOCATION
~~~~ ~.~~ c~s~ EV 97-1.
ZASEMENT REVISIONS FOR Mr. Jeff Mastley
SHEET 2 OF 2 SHEETS
C612) 421-9126
I hereby certify that this survey was prepared by me or under
my direct supervision and that I am a duly Registered
Professional Land Surveyor under the ]aws of the State of
Minnesota. _.~
Dated this ~ day.,of ~ . , 199~0.
By~__J~.~._~--~j~- , Minnesota License No. 12207