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6.11. SR 09-15-2003Item # 6.1 I. IIEIIORANDUH TO: FROM: DATE: SUBJECT: Mayor and City Co~ Michele McPhersoh~Director of Planning September 15, 2003 Case No. EV 03-04 Request by Elk River Business Park for Easement Vacation - Public Hearing Request The applicant requests that drainage and utility easements located on either side of the westerly lot line of Lot 5, Block 1 Elk River Business Park be vacated. Attachments · Location Map · May 20, 2003 letter Confirming Approval of the Administrative Subdivision AS 03-02 · Graphic Illustrating area to be Vacated · Legal Description of area to be Vacated · Resolution No 03 - Location Southerly portion of Elk River Business Park Land Use/Zoning LI, Light Industrial/BP, Business Park Analysis On May 19, 2003, the City Council approved an administrative subdivision to subdivide Lot 4, Block 1 Elk River Business Park into two parcels in order to site an industrial prospect. Memo to Mayor and City Council/EV 03-04 September 15, 2003 Page 2 Condition Two of that approval required that the remnant portion be combined with Lot 5, Block 1. In order not to inhibk development of the site (Lot 5 and the remnant of Lot 4), k is best to eliminate the drainage and utility easements located in the middle of the development parcel. The applicant is proposing to vacate the five-foot drainage and utility easements located on either side of the westerly lot line of Lot 5, Block 1 between the drainage and utility easements running adjacent to the south property line and to the north property line (see attached illustration). There are no utilities located in this area at this time. The Engineering Department has no issues regarding the vacation of the easements. Recommendation Staff recommends that the City Council adopt the attached resolution, vacating the drainage and utility easements adjacent to the westerly lot line of Lot 5, Block 1 Elk River Business Park. S:\PLA_NNING\Case Files\2003\EV 03-04 E R Business Park\9-15 CC memo.doc UPA S ~ AVENUE NW 'USTRIAL CIRCLE CI SITE Kiver Case Number: Location Map AS 03-02 ELK RIVER BUSINESS PARK LLC N River 13065 0r0n0 Parkway Elk River, MN 55330 May 2O, 20O3 Rick Martens Elk River Business Park, LLC 212 - 7400 Metro Boulevard Edina MN 55439 Re: Administrative Subdivision Request - Case No. AS 03-02 Dear Mr. Martens: Your request for an Administrative Subdivision to subdivide Lot 4, Block 1 Elk River Business Park into two parcels was approved by the Elk River City Council at their May 19, 2003 meeting. Conditions of approval are as follows: DRAINAGE AND UTILITY EASEMENTS SHALL BE GRANTED ALONG EITHER SIDE OF THE NEW LOT LINE. THE REMNANT PARCEL SHALL BE COMBINED WITH LOT 5, BLOCK 1, ELK RIVER BUSINESS PARK. It is my understanding that you will be recording the Order Granting the Administrative Subdivision at Sherbume County. This document has been prepared and is ready to be picked up at your convenience. Please request a Document Number from the Recorder's office and provide this to me via phone as soon as possible. If you have any questions, please contact me at 763/441-4921. Sincerely, Debbie Huebner Administrative Planning Assistant Phone: 763.441.7420 Fax: 763.441.7425 S:x,~PLANNllNG\Case Files\2003Ma~S 03-02 Ell. Business Park~xApprovat ltr. doc www. ci.eik-river, mn.us ~_~ ~_ ,~.~._ ~ ~, ,,~5 /~,~,L~L ~z-c--© 2OOJ John Olivet' ~ Associ~fes, Inc. Certificate of Survey for: u~l~~ ~ lriliviv~l~ INDUSTRIAL C/ROLE ~.. ~ ......~~ ~? ~ ~ ~ ......... ~ ~ -~~ ~ ~ I ~ , ~-- SOU TH L/NE OF ~- NE CQRNE~ ~'~0 ~ ~ .- ~1.~ ,, ~ ~ OF ~. ' ~ ~ ~ ..- ~ ~u- ~ LOT 5 I ~ ~ ~ ~ ~ ~ I / t I DRAINAGE ~ UTILITY~F~--~--.--- _ ~_ ~ ~ ~ ........ I / I t EASEMENT PER PLAT ~ // ~ I~ ~ I iI ~ /// ; OF ELK RIVER ~/~ /~ EASEMENT PER PLA T I // OF ELK RIVER ~ ~ ~ ~/ BUSINESS PARK ~ -~ - ~// ~ ........ 143.83 ......... ~i ~ EAST 148.8~ FEET ~ ~ DRAINAGE ~ UTIL/TY-~ ' OF LOT 4 ~ EASEMENT PER PLAT ~ PR~OSED LOT . . ~ OF ELK RIVER ~iq 7~,071 SQUARE FEET . ~ I~ BE VACATED : ~ o~ ~ zoo Ac~rs WrST UN5 OF rHE--' II~ ~ .: OF LOT4, BLOCK -- ~ , ~, E~ ~VE~ I I~ E~S~ UN[ OF---' - ///~~ I ~ ELK RIVER ~ PROPOSED DRAINAGE--~ --- ~- 5 --NOR~LINE OF 'HESOU~ -~ ~- 5 ~ ~-~--UPA EASEMENT PER ~ 143.83 " S89°JS'2J"E 214. 94 SHEET 1 OF 5 SHEETS SCALE: 1 INCH = 60 FEET DATE:4/22/05 I hereby certify that this survey w~s go~ 0~ ~ ~0~~, ~. prepared by me or under my direct c~ ~~. ~.~ s.~, DRAWN BY:BK supervision and that I am a duly ~;~; ~o~: CHKD BY: RM Licensed Land Surveyor under the ~z~ ~.~;,w?, ~,~,~ laws of (h~State of Minnesota. :?~::~.~..:¢--~?';,? 201 ~. Travelers Trail, S~ite 200 Signed' Bu~ille, Minnesota 55337 (952)S~4-3045 (Fff)894-3049 D~AWINO FILE: FILE NO. Date: 4-22-05 LJc. No. 21401 1171.10BASE.DWG 11~q.10-15 - EXHIBIT A, PAGE 2 Proposed Lof Descrbf/on: Thor port of Lot 4, Block 1, ELK R/VER BUS/NESS PARK, occord/ng to the recorded p/ot thereof, Sherburne Count,v, Minnesota, lying westerly of the east 14J. 83 feet of said Lot 4. Prooosed Vacated Drainage end UfMfv Descriotion: That port of the east 5.00 feet of Lot 4, Block 1, ELK RIVER BUSINESS PARK, according to the recorded plot thereof, Sherburne County, Minnesota, lying southerly of the north 3J. 87 feet of said Lot 4 end lying northerly of the south 50.00 feet of said Lot 4. end That port of the west 5.00 feet of Lot 5, Block 1, ELK RIVER BUSINESS PARK, according to the recorded plot thereof, Sherburne County, Minnesota, lying southerly of the north 33.87 feet of said Lot 5 end lying northerly of the south 50.00 feet of said Lot 5. Prooosed Droinooe qnd UfNfv Description: An easement for drainage and utility purposes over, under, and across that part of the west 10.00 feet of the east 148.83 feet of Lot 4, B/ack 1, ELK RIVER BUS/NESS PARK, according to the recorded p/at thereof, Sherburne County, Minnesota, lying southerly of the north 10.00 feet of said Lot 4 and lying northerly of the south 50.00 feet of said Lot 4. Notes f~ Survew 0 Denotes iron pipe monument found. 0 Denotes iron pipe monument set marked by license number 1094J. Orientation of this bearing system is based on the recorded p/at of ELK RIVER BUSINESS PARK. improvements to this property have not been located or shown as a part of this survey. SHEET 2 OF 5 SHEETS DATE:4/22/05i l hereby certify that this survey was JO~lll Oliver & Associates, Inc. prepared by me or under my direct DRAWN BY:BK supervision and that I am a duly CHKD BY: RM Licensed Land Surveyor under the ~'.~ ~.v¢.~., ~,~,r,,~o¢.~ 55aaa laws of th~.%State of Minnesota. · 201 F. Travelers Trail, S~ite 200 Signed: c Burn~ville, Minnesota 55337 and rte (952)894-3045 (FAX)a94-3049 DRAWING FILE: FILE NO. Date: 4-22-05 Lic. No. 21401 1171.10BASE.DWO 1171.10-15 RESOLUTION 03 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS Case No. EV 03-04 WHEREAS, the property owner abutting the street, drainage, and utility easement has requested the City Council in a petition August 21, 2003 to vacate such easement according to law; and, WHEREAS, a public hearing was held on September 15, 2003, 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, 2003 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, drainage, and utility easement described as follows is hereby vacated: Exhibit A Adopted by the Elk River City Council this 15~h day of September, 2003. ATFEST: Stephanie Klinzing, Mayor Patrick Klaers, City Administrator S:~PLANN1NG\Case Files\2003\EV 03-04 E R Business ParkkResolution.doc