6.4. SR 05-19-1997ity of
iver
MEMORANDUM
Item # 6.4.
Mayor and City Council
FROM:
DATE:
Scott Harlicker, Planning Assistant
May 19, 1997.~
SUBJECT: Request by Cletus Weatherly to Vacate
Drainage Easement, Public Hearing
Case No. EV 97-3
Request
Consider a request by Cletus Weatherly to vacate a drainage easement.
Location
19785 Zebulon St., Lot 3, Block 3, Weatherwood
Zoning/Land Use
Rla (Single Family Residential) / LR (Low Density Residential)
Attachments
Zoning Map
· Map showing existing easements
· Map showing proposed easements
Overview
Background
The applicant is requesting that the City vacate a drainage easement located
on Lot 3, Block 3, Weatherwood and replace it with a drainage easement at a
new location on the same lot. There is a second drainage easement located on
this property, that includes the east 1/3 of the lot, which will remain in place
and not be affected by this request.
The easement that the applicant is requesting the City vacate was granted as
part of Weatherwood subdivsion, approved in February 1996. The easement
is 60 feet wide, runs diagonally across the northwest corner of the lot and was
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council/EV 97-3
May 19, 1997
Page 2
put in place over a county ditch which the applicant's engineer identified as
being in this location. Since the easement was originally put in place, it has
been determined that the ditch is not in the location identified by the
applicant's engineer. This request is a result of that determination. The new
easement is over the actual location of the county ditch.
Developability of the lot
Staff, at the time this plat was reviewed, expressed some concern regarding
the developability of this lot. A large portion of the eastern half of this lot is
encumbered by a drainage easement which includes a drainage treatment
pond along with the easement over the ditch. It was noted that any change in
the proposed easements would likely have an adverse impact on the ability to
locate a house, well, and primary and alternate septic systems.
As originally designed, this lot had a buildable area of about 28,000 sqaure
feet. The buildable area was located between the pond easement on the east
side of the lot and the easement over the county ditch on the west side of the
lot. (see attached map)
If this easement vacation is granted, the buildable area will be reduced to
about 26,000 square feet. The buildable area will be located in the northwest
corner of the lot. (see attached map) Typically one acre is required for siting
of a house, well, primary and alternate septic systems, while maintaining the
required setbacks and separation distances.
Recommendation
Should the City Council decide to to approve the Weatherly's request for
easement vacation, staff has included a resolution which would accomplish
this.
s:Xplanning~scott\ev97-3.doc
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13065 Orono Parkway.P.O. Box 490 CASE: EV 97 - 3
Elk River, MN 55330
/~ENT REVISIONS FOR Mr. Randy Lindquist
oHEET 2 OF 2 SHEETS
II:~ROFESSION&L LAND SURVEYORS
AND LAND DEVELOP~IENT CONSULTANTS
C612) 421-9126
1~21 VINE:WOOD LANE DAYTON. MN 55327
EXISTING EASEMENT TO BE VACATED
EXISTING EASEMENT
/
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I hereby certify that this. survey
my direct supervision and that
Professions] Land Surveyor under
Minnesota
Dated this ~;/~ day, of
was
!
prepared by me or under
am a duly .Registered
the laws of the St ate of
, 199.~ .
/f~v. /- z/- r?
License No. 12267
/~ENT REVISIONS FOR Mr.
oHEET 2 OF 2 SHEETS
Randy Lindquist
C612) 421-9126
13~21 VINEWOOD ~,NE DAYTON. MN 55327
PROPOSED NEW EASEMENT
EXISTING EASEMENT
! hereby certify that this, survey was
my direct supervision and that I am a
Professional Land Surveyor under the laws
Minnesota ....
Dated this ~z/~ daM, of ~'~ce~~- ,
By .~ , Minnesota License
I I I II
prepared by me or under
duly -Registered
of the State of
199 ~.
Z-z/-?7
No, 12287
RESOLUTION 97 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE
EASEMENTS
Case No. EV 97-3
WHEREAS,
the property owner abutting the drainage easement has requested
the City Council in a petition dated April 1, 1997, to vacate such
easement according to law; and,
WHEREAS,
a public hearing was held on May 19, 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 May 8, 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:
See attached Exhibit A
Adopted by the Elk River City Council this 19th day of May, 1997.
ATTEST:
Henry Duitsman, Mayor
Sandra Thackeray, City Clerk
XXelkriver\sysXshrdocXdocument\resolutiXev97-3-doc
EXHIBIT A
DESCRIPTION FOR PORT[ON OF DRAINAGE EASEMENT TO ~E VACATED ON
LOT 3, BLOCK 3, WEATHERWOOD, CITY OF ELK RIVER, SHERBURNE
COUNTY, MrNNESOTA.
That part of the Drainage Easement as shown on Lot 3, Block
3, Weatherwood as shown on the duly recorded plat of
Weatherwood, lying 30.00 feet northwesterly and lying 30.00
feet southeasterly of the following described line.
Commencing at the northwest corner of said Lot 3; thence on
a~ assumed bearing of North 89 degrees 10 minutes 21 seconds
East along the north line of said Lot 3 a distance of 145.00
feet to the point of beginning of the line to be described;
thence South 26 degrees 16 minutes 21 seconds West a distance
of 192.23 feet; thence South 40 degrees 17 minutes 10 seconds
West a distance of 87.97 feet to a point on the westerly line
of said Lot 3 a~',d said line there terminating. Said point
being 37.35 feet northerly of as measured along the west line
of said Lot 3 from the point of curvature on the said west
line of said Lot 3. Except the westerly lO.O0 feet and the
northerly 10.00 feet of said Lot 3.
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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 laws of the State of
Minnesota
Dated this .~/¢~day.,of '-~~ , 199_~_.
([~¢'z,¢,a, ~~ /¢e~' /- z /- '7
By ._ Minnesota License No
~ - ~,~ ' · 12267