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6.7. SR 03-16-1998ity of River TO: FROM: DATE: SUBJECT: Item #6.7. MEMORANDUM Mayor and City Council Steve Ach, City Planner_.~~ March 16, 1998 Request by the City of Elk River for Easement Vacation, Public Hearing Case No. EV 98-1 Request The City of Elk River is requesting to vacate an existing drainage and utility easement through a portion of Meadow Park Subdivision. Attachments · Resolution No. 98-__ · Location map · Site plans illustrating easement to be vacated Overview Approximately two years ago, the City of Elk River completed a storm sewer project which extended the storm sewer from Main Street and Evans Avenue intersection along Main Street, then southerly through Meadow Park Subdivision, Earl Hohlen property and UPA. This project basically included abandonment of a segment of County Ditch No. 10 with the replacement of the storm sewer system. The project required obtaining drainage and utility easements through the existing properties in order to construct the storm sewer pipe. With the redefined drainage and utility easements, the original drainage and utility easements which followed the County Ditch No. 10 alignment are no longer necessary. Development of Parcel No. I The owner of Parcel No. 1 as described on the attached exhibits has approached the City to develop the parcel with the construction of an office building. In order to proceed forward with this request, the easement which traverses the northern third of the property will need to be vacated. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Recommendation It is recommended the City Council approve Resolution No. 98-__, vacating certain easements as described on the attached Exhibits A and B. RESOLUTION 98 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS Case No. EV 98-1 WHEREAS, the property owner abutting the street, drainage, and utility easement has requested the City Council in a petition dated January 30, 1998, to vacate such easement according to law; and, WHEREAS, a public hearing was held on March 16, 1998, 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 February 26, 1998, 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 and Exhibit B Adopted by the Elk River City Council this day of ,1998. ATTEST: Henry Duitsman, Mayor Sandra Thackeray, City Clerk \\elkriver\sys\shrdoc\document\resoluti\ev98-1.doc '' I LOCATION LI City of Elk River. MN 55330 LAND US MAP CASE: EV 98-1 "~12%50 - --N89"44'£5"£- 12 Z 50 2 ~::.:.:.:.:.:..~.:.:.:.:.:.:.:,. 7.'.'.'.'.'.'.'.'.~.'.'.x.'.'..x gi:::::::::::::::::~:,-.'~.-.'.-.-.'., :~-: ......... · · ;-F:-F>:-F>F:-F:.F:-FF.. '' :':i'!'!:::!:i:i:i:i'i:i:i'i'!'i'!:i:'::':':'i:..'" · .'..'.':... 6'~. UU ',':::':':-:':';::.>:-7'~F~'r.~.:.:-:.:-'-'-'-' --':".-:-F FF:-.-~-:;.- '.-.-.'."2":::::: ,'o','o','o','.°o',','.~,,,,oO,1',,,',',',,o,,,,o. ~ ....... ~ ..... . ....... ::!![i::!:!:!:i:i:i:i: :i:i:i :::':::::::::::::: 85.0~' ' 44' 25"£ 85.00 85.00 85.00 40.78 , , . 5 ~3.7_~ ... · ..5~2.~.~ ... ~5.00 8~.00 /¢ 40 42 I I City of I ' 3065 Orono Parkway · P. oi~ oVx 9eY Elk River. MN 55330 LAND USE MAP CASE: EV 98-1 MAIN STREET 53' NE COR LOT 1 LOT 2 75- 430- 0110 ,,4~_~ .4- PARCEL N OUTLOT A 75- 4,.30-0010 230-265-53 MAY 1995 ER265EA1 PROPOSED UTIUTY AND DRAINAGE EASEMENT BLOCK 1 I\/I I'-- - / \ I I I I ~ I ~ I I I I_,~ I \ L./ %/ v v PLA'Fi'ED DRAINAGE & UTILITY EASEMENT LOT 4 75-4.30-0120 EAST LINE LOT 1 r- ~. A I- ~ I I--/ / \ Nd' I / \ I \ I X L'OT 5 75-4,30-0125 I 1- %.. 0 50 EASEMENT EXHIBIT [Elk iver PARCEL NO. 1 75-430-0105 BLOCK 1 I \ I.-( LOT 5 75-430-0125 NW CORNER SE 1/4 OF THE SE 1/4~ SECTION 3~, T33 R26~ MAIN lO' PLATTED DRAINAGE &/ ....... U TIU TY EASEMENT J WEST LINE OUTLOT A OUTLOT A 75_ 430_0010I 66.00' STREE' DRAINAGE iNO. 2 UTILITY AND EASEMENT WEST LINE OF THE~.~. SE 1/4 OF THE SE 1/4 , SECTION 34 T33 R'26 / SOUTH LINE ,/~ OLITLOI' A , /. / 91.00' I"- 25'