5.4. SR 04-18-2011REQUEST FOR ACTION
To
ITEM NUMBER
City Council
5.4.
AGENDA SECTION
MEETING DATE
PREPARED BY
Community Development
Aril 18, 2010
Chris Leesebex , Park Planner - Planner
ITEM DESCRIPTION
REVIEWED By
Request by Larry Hickman for Resolution Approving Easement
erem Barnhart, Planning Manager
Vacation, Case No. EV 11 -01 — PubUc Hewing
REVIEWED BY
ACTION REQUESTED
Staff recommends adoption of the attached resolution vacating a portion of the drainage and utility
easement over a portion of Lot 9, Block 2, Fox Haven addition.
BACKGROUND /DISCUSSION
In 2003, Lot 10, Block 2 was split and combined with Lots 9 & 11. At that time, the easement in
question was not vacated on Lot 9. After another split of the property to accommodate a new house
construction, the structure was built in 2005 over the drainage and utility easement that is proposed to be
vacated. The survey for the new home permit did not indicate an easement in that location.
The easement in question has no benefit to the City or the property owner.
ATTACHMENTS
• Location Map
• Easement Vacation Exhibit
• Resolution 11
• Aerial
Action Motion by Second by Vote
Follow Up
N: \Departments \Community Development \Planning \Case Files \EV \EV 11 -01 Hickman \EV 11- 01_CC.docx
N: \Departments \Community Development \Planning \Case Files \EV\EV 11 -01 Hickman \Location Map.dwg, 3/31/20112:05:57 PM
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RESOLUTION I I -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING A DRAINAGE AND UTILITY
EASEMENT
Case No. EV I 1 -0 1
WHEREAS, the applicant has requested the City Council in a petition dated April 18,
2011 to vacate such easements according to law; and,
WHEREAS, a public hearing was held on April 18, 2011, before the City Council at the
Elk River City Hall on such petition after due published and posted notice
had been given and all persons interested were given an opportunity to be
heard; and,
WHEREAS, the easement as currently written was a remnant from a previously approved
lot combination. Vacation of the easement is appropriate as it offers no
existing or potential value to the City of utilities.
NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and
the easement described as follows is hereby vacated:
Exhibit A
Adopted by the Elk River City Council this 1 St' day of April, 2011.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
EXHIBIT
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