6.2. SR 09-15-1997ity of
River
TO:
FROM:
DATE:
MEMORANDUM
Item # 6.2.
Mayor and City Council
Scott Harlicker, Planning Assistan~
September 15, 1997
SUBJECT:
Request by Larry Morrell for
Easement Vacation, Public
Hearing Case No. EV 97-6
Request
Larry Morrell is requesting to vacate a cartway easement along the south
side of 171st Avenue.
Attachments
· Resolution No. 97-
· Location map
· Copy of plat
Overview
Larry Morrell is in the process of finalizing his plans for the development of a
23.5 acre triangular piece of property located at the southwest corner of 171st
Avenue and the Burlington Northern Railroad tracks. The applicant recently
received preliminary and final plat approval, rezoning to PUD and a
conditional use permit for a transfer facility. To facilitate the development of
this property, the City recently sold to the Morrell's a small piece of property,
about 6,000 square feet, that the City acquired as part of the extension of
171st Avenue.
Prior to purchasing the 6,000 s.f. from the City, the northern boundary of
their property was the north line of the South 1/2 of the Northeast 1/4 of
Section 11. Extending along the south 32 feet of that line is an access
easement. It is this easement that the applicant is requesting that the City
vacate. Given the construction of 171st Avenue, this easement is no longer
necessary to provide access to this property.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor and City Council/EV 97-6
September 15, 1997
Page 2
Recommendation
It is recommended that the City Council approve Resolution No. 97- .,
vacating the access easement along the North line of the South 1/2 of the
Northeast 1/4 of Section 11, Township 32, Range 26 and as further described
in the attached exhibits.
f: \shrdoc\planning\scottkev97-6.doc
RESOLUTION 97 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING STREET EASEMENT
WHEREAS,
the property owner abutting the street easement has requested the
City Council in a petition dated July 17, 1997 to vacate such
easement according to law; and,
WHEREAS,
a public hearing was held on September 15, 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 September 4, 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 street easement described as follows is hereby vacated:
See attached Exhibit A
Adopted by the Elk River City Council this 15th day of September, 1997.
ATTEST:
Henry Duitsman, Mayor
Sandra Thackeray, City Clerk
\\elkriver\sys\shrdoc\document\resoluti\ev97-6.doc
EXHIBIT A
STREET VACATION
That part of the South 10.058 meters (33.00 feet) of the North half of the Northeast Quarter of
Section 11, Township 32, Range 26, Sherbume County, Minnesota, which lies Southwesterly of
the Burlington Northern Railroad and which lies Southeasterly of the following described line:
Commencing at the Southwest comer of said North half of the Northeast Quarter, thence South
89 degrees 59 minutes 53 seconds East, an assumed beadng along the South line of said North
half of the Northeast Quarter, a distance of 20.124 meters (66.02 feet), to the actual point of
beginning of said line to be hereinafter described; thence Northeasterly, a distance of 40.888
meters (134.15 feet), along a non-tangential curve concave to the Northwest, having a radius of
146.576 meters (480.89 feet), a central angle of 15 degrees 58 minutes 59 seconds and the
chord of said curve bears North 59 degrees 03 minutes, 27 seconds East and there terminating.
And also the North 5.029 meters (16.5 feet) of the South half of said Northeast Quarter of
Section 11, which lies Southwesterly of said Burlington Northern Railroad and which lies
Easterly and Southeasterly of the following described line:
Commencing at the Northwest comer of said South half of the Northeast Quarter, thence South
89 degrees 59 minutes 53 seconds East, an assumed bearing along the North line of said South
half of the Northeast Quarter a distance of 20.124 meters (66.02 feet) to the actual point of
beginning of said line to be hereinafter described; thence Southwesterly, a distance of 14.647
meters (48.05 feet), along a non-tang~'ntial curve concave to the Northwest having a radius of
146.576 meters (480.89 feet), a central angle of 05 degrees 43 minutes 31 seconds and the
chord of said curve bears South 69 degrees 54 minutes 42 seconds West, to the South line of
said North 5.029 meters (16.5 feet) and there terminating.
HOr~Z (U) 20
1.50O
~ == 38'56'09"
r = 125.000m
T = 4~.186m
L = 84.945m
CHD. BRG. N 59'05'27"
A = 15'58'59"
R = 146.576m
T = 20.578m
L = 40.888m
N 51'05'58" E
1 .~20~
---- 20.124m
S 89'59'53"
~ i 05'43'51"
R = 146.576m
T = 7.32gm
L - 14-.647m
CHD BRG. N 69'54 4-2" E
SOUTH LINE OF THE N 1/2 OF TIlE NE 1/4. OF .
SEC. 11, T. 32, R. 26, SHERBURNE CO,, MN.
ER313REX
(717 sm - 7718 sf)
EXISTING STREET EASEMENT NEEDING
TO BE VACATED.
NOTE:
ALL PARCELS ARE LOCATED IN SECTION 11,
TOWNSHIP 32, RANGE 2§, SHERBURNE COUNTY, MINNESOTA.
RIGHT OF WAYc~ ,~.
EX ,Brr E
A
LOCA'nON MAP
LARRY
MORRELL ADDITION
A Christian/Kinghom, Inc. Project
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PLAN SYMBOLS
LARRY U ORflE. LL
841 UNE AG NW
ELK RIVER. 14N 55330
DEVELCXOER:
CHRISI3AN k KINI~"IORN, INC.
210OO ROGERS DRI'~
ROCFr. RS. UN 55374
(612) 428-8323
GRADY KINGHORN
LOT SURVL~i~ INC.
7601 73R0 AG. N.
UINNEAPOU$. UN 55426
CREG PR ASOrl
56O-3O9,3
EN~N£FJ~:
ROG~.R A. ANDERS~N & ASSOC.
7415 WAYZATA BL~.. SUITE 107
MINN£APOUS, MN ~.~26
546-7055
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