6.7. SR 06-15-1998ity of
iver
FROM:
ITEM # 6.7.
MEMORANDUM
City Council
Stephen Wensman, Planner
DATE:
June 15, 1998
SUBJECT:
Request by Richard Kincanon for an
easement vacation, Public Hearing
Case No. # EV98-4
Request
Richard Kincanon requests a vacation of a drainage and utility easement on
Lot 7, Block 1, of Heritage Landing 2nd Addition.
Location
13333 179th Circle, Elk River (Lot 7, Block 1, Heritage Landing 2nd Addition)
Zoning/Landuse
Rlc (Single Family Residential) / MR (Medium Density Residential)
Attachments
Location map
· Vacated Easement Exhibit for Richard Kincanon
· Letter from Richard Kincanon
· Resolution No. 98-
Overview
The applicant is requesting a drainage and utility easement vacation as he
feels it is no longer necessary now that drainage patterns are identifiable,
and that Joplin Avenue has been improved. At the time of platting Lot 7,
Block 1, Heritage Landing 2nd Addition, an extra large drainage and utility
easement was created because the drainage issues were not known. The
applicant has been trying to sell the lots and has found strong objections to
the size of the easement from three potential buyers. Without the vacation,
the applicant believes lot 7 will be difficult to sell.
13065 Orono Parkway * P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Engineering
The City Engineer, Terry Maurer, has reviewed the easement vacation
request and recommends that a licensed surveyor provide a verification that
the drainage issues are resolved.
Recommendation
It is recommended that the City Council approve Resolution No. 98-__,
vacating the drainage and utility easement in Heritage Landing 2nd Addition
with the following condition:
THAT A LICENSED SURVEYOR PROVIDE VERIFICATION THAT THE
DRAINAGE AND UTILITY EASEMENT IS NOT NECESSARY AND THE UPON
APPROVAL OF THE CITY ENGINEER.
LOCATION
Vacated Easement Exhibit For:
Richard Kincanon
B !
7
DRAINAGE AND UTILITY
Drainage & UtEity
EASEMENT ¢.'~. ~ "~
DESCRIPTION TO VACATE PART OF AN EASEMENT, Lot 7, Block l, HERITAGE LAND[NG SECOND ADDITION,
tar Rich lOncannon:
Vacate that portion of the platted drainage and utility easement over, across and under that part et Lot 7,
Block I. et the duly recorded plat et HERITAGE LANDING SECOND ADDITION, Sherburne County, Minnesota,
described as follow~;
Commencing at the mos~ Easterly oorner of said Lot ?; thenoe North 28 degrees 50 minutes I0 seconds
West along the Northeasterly line of said Lot ? for a distance of 80,00 feet; thence South 61 degrees 09
minutes 50 seconds West for a distance of &O0 feet to the actual Point Of Beginning of that portion of
said platted easement to be hereby vacated; thence continue South 81 degrees 09 ~ninutes 50 seconds
~West for a distance of 86~75 feet, more or less, to intersect the North line of the South $500 feet, as
measured at righ~ angles, of said lot; thence on a bearing of East along said North line of the South
35.00 feet for a distance of ?&lB feet, more or less, to intersect the Southwesterly line of ~he North-
easterly 8.00 feet, as measured at right angles, of said lot; thence North ~8 degrees 50 minutes 10
seconds West along said Southwesterly line of the Northeasterly G. O0 feet for a distance of $6,74 feet.
more or less, to the Point Of Beginning.
SC 11: 7-1HtgLn.vac 4/28/98 File: 6197,10-12
DATE: 4/28/98
BK/PG: N/A
DRAWN BY: SLF
CHECKED BY: dO
REVISIONS:
I hereby certify that this plan was
prepared by me or under my direct
supervision and that I am o duly
Registered Land Surveyor under the
laws of the State of Minnesota.
Date: 4/28/98 Reg. No. 8194
John Oliver & Associates, Inc.
580 DovZge A~et~e
E~ }liver, Min~eeotc~ 55330
(612)441-ZOTZ (F~)441-5665 ,,
JJ Bu~I~, MJnnezota 55337
~ (~2)894-3045 (F~)894-3049
DRAWING FILE: I FILE NO.
N/A J 6179.10-12
HERITAGE ANDING
De e/opr ent' Company
29 May 1998
Elk River City Council
13065 Orono Parkway
Elk River, Mn. 55330
Council Memebers:
Heritage Landing De~'elopment requests a reduction in the size
and shape of the drain_~ge and utility easement located on the
south and east sides of Lot 7, Block 1, Heritage Landing Second
Addition. That area of the easement is excessively large because
of unkown drainage iss'.~es at the time of platting. Since that
time, Joplin Street ha~ been rebuilt and a permanent drainage
pattern established. Houses have been built on both Lot 6 and Lot
8. The home on Lot 6 has been built in the southeasterly portion
of that lot and is not affected by the drainage off Lot 7.
Any drainage from Lot 7 can be accomplished thru the 35'
southerly easement.
We have experienced :trong objections to the existing size of
the easement from thre~ potential buyers. Without an adjustment,
this lot may be very difficult to sell, considering the back yard
easement is already at least 15 feet larger that normal.
As we all know, resident have a tendency to fill in easements
which they think are urmecessary. We would like to avoid that
possibility on this lot:.
Elk River, MN 55330 - Phone (612) 441-4488
RESOLUTION 98 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY
EASEMENT
Case No. EV 98-4
WHEREAS,
the property owner abutting the drainage and utility easement has
requested the City Council in a petition dated May 22, 1998, to
vacate such easement according to law; and,
WHEREAS,
a public hearing was held on June 15, 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 June 5, 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:
The drainage and utility easement as shown on Lot 7 Block 1,
Heritage Landing Second Addition, Exhibit A.
Adopted by the Elk River City Council this 15th day of June, 1998.
ATTEST:
Henry Duitsman, Mayor
Sandra Thackeray, City Clerk
\\elkriver\sys\shrdoc\document\resoluti\ev98-4.doc
EXHIBIT A
Vacated Easement Exhibit For:
Richard Kincanon
/
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R~O. O0 /
B
7
k !
DRAINAGE AND UTILITY
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gO'*
Drainage &r Ufility
DESCRIPTION TO VACATE PART OF AN EASE~NT,
for Rich Kincannon:
Lot 7, Block I, HERITAGE LANDING SECOND ADDITION,
Vacate that portion of the platted drainage and utility easement over, across and under that part of Lot 7,
Block 1. of the duly recorded plat of HERITAGE LANDING SECOND ADDITION, Sherburne County, Minnesota,
described es follow~:
Commencing at the most Easterly corner of said Lot ?; thence North 28 degrees 50 minutes 10 seconds
Fast along the Northeasterly line of said Lot ? for e distance of 80.00 feet; thence South 61 degrees 09
minutes 50 seconds West for a distance of 6.00 feet to the actual Point Of Beginning o! that portion of
said platted easement to be hereby vacated; thence continue South G1 degrees 09 minutes 50 seconds
Fest for a distance of t~8.73 feet, more or less, to intersect the North line of the South 35.00 feet, as
measured at right angles, o! said lot; thence on a bearing o! East along said North line o! the South
35.00 feet for a distance o~ 76. I8 feet, more or less, to intersect the Southwesterly line of the North-
easterly 6.00 feet, as measured at right angles, of said lot; thence North 28 degrees 50 minutes I0
seconds ~Yest along sa]d South~resterJy l~ne of the Northeasterly G. O0 feet for a distance of 36.74 feet,
more or ]ess, to the Point Of Beginning.
SC 11: 7-1HtgLn.vac 4/28/98 File: 6197.10-12