6.3. SR 01-20-2004MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Scott Harlicker, Senior Planner~
January 20, 2004
SUBJECT: Case No. EV 03-07
Request by Christian Builders for Easement Vacation
Item # 6.3.
Request
Consider a request by Christian Builders for an easement vacation to vacate a portion of a
drainage and utility easement.
Location
Lot 8, Block 2, Rolling Hills
Zoning/Land Use
A1 (Agricultural Conservation) / A (Agricultural)
Attachments
· Location map
Description of easement to be vacated
· Memo from the City Engineer
· Resolution No. 04-
Overview
The applicant is requesting to vacate a portion of a drainage and utility easement located on
Lot 8, Block 2, Rolling Hills. The easement vacation is needed so that a 10 foot deck can be
included on the proposed house plan. The area proposed to be vacated varies in width from
10.27 feet to 6.25 feet.
Memo to Mayor and City Council/EV 03-07
January 20, 2004
Page 2
Recommendation
Staff recommends that the City Council adopt the attached Resolution No.04-
portion of a drainage and utility easement on Lot 8, Block 2, Rolling Hills
__ vacating a
S:\PLANN]lqG\Case Files\2003\EV 03-07 Christian Bldrs\Ev 03-07cc 1-20.doc
Howard R, Green Oompany
January 14, 2004
File: 809821J-0325
Mr. Scott Harlicker
Senior Planner
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE:
EASEMENT VACATION REQUEST
LOT 8, BLOCK 2, ROLLING HILLS ADDITION
Dear Mr. Harlicker:
As requested, we have reviewed the revised easement vacation exhibit prepared by Bogart, Pederson
& Associates, Inc., for Lot 8, Block 2, Rolling Hills Addition. The site plan has now been adjusted to
show the required 30-foot setback from 226th Circle. The revised site plan also now shows the
delineated wetland from the original platting process. The requested easement vacation does not
encroach into any of the wetland. Therefore, we would recommend approval of the request.
If you have any questions regarding this issue, please call.
Sincerely,
Howard R. Green Company
Terry J. Maurer, P.E.
TJM:sw
Ltr-010404-Harlicker.doc
2550 University Avenue West · Suite 400N · St. Paul, MN 55114 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
SITE
229TH
228TH
227TH
226TH
225TH
224TH
225RD
222ND
221ST
220TH
219TH
218TH
217TH
216TH
215TH
214TH
~ver
Case Number:
Location Map
EV 03-07 CHRISTIAN BUILDERS, INC
N
EASEMENT 'VACATION EXHIBIT
/
EASEMENT _,~
TO BE VACATED
.~ .~ ~o
L=95.86 ~ 5E Corner
/ ~ ~26'09'14" Lot 8
R=220.00
"" ~ NII*O0'00" --.'~-~
~' ~ ~ ~'~ R--2[0,00 ~=1'37'06" ~ ~
CH BEAR $88 473~'~ ~ lO O? Lot B
m ~ WET~ Denotes Delineated Wetland per ROLLING
50 0 50m ~ HILLS Oevelopmen~ Plan doted 11~13~00
SCALE IN FEET
SCALE: I"= 50'
BO'GART, PEDERSON
& A$8OCIATE$, INC.
SURVEYING
[NGIN[ERING
MAPPING' :
1307~ ?IRST STR[[T ~llrl:3K[R, MN 5530a-$322
T£L: 283-261-~00' FAX: ?S3-2BI-2g02
BEARINGS SHOWN AR.C EASFD ON
~. THE PLAT OF'ROLLING HILLS
LOT DESCRIPTION: LOT 8, BLOCK 2,
ROLLING HILLS, CITY OF ELK RIVER,
SHER~URN£ COUNTY, MN
SEE'SHEET 2 OF 2 FOR
NEW EASEMgNT DESCRIPTION,
I hereby certify that this sketch and description was-
prepared by me or under my direct supervision and
that I om a duly Licensed Land Surveyor under the
aw's of the State of Minnesota.
Daniel J McAnn~ch
Dote:/_~//g/O ~L_ Lic. No, 25884
; 'd £8~8'ON .ooss¥ 9 uos.ieped '3..~e.~oI~ !AIdL~'L 0 'SL'Uel~
0
SCALE IN
3O
EASEMENT
LINE
~7,00
L~
.00 m -r
23.00
'L
EASEMENT 20.00
LINE
958.14.
$ 'd /8i8'ON
r" oossv;~ uos,~aped ':~e~o~]~",,.~dgg t ~OOg gL
RESOLUTION 03 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY
EASEMENTS
Case No. EV 03-07
WHEREAS,
the property owner abutting the drainage, and utility easement has requested
the City Council in a petition December 11, 2003 to vacate such easement
according to law; and,
WHEREAS,
a public hearing was held on January 20, 2004, 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
January 8, 2004 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 20th day of January, 2004.
ATFEST:
Stephanie Klinzing, Mayor
Joan Schmidt, City Clerk
S:\PLANNING\Case Files\2003\EV 03-07 Christian Bldrs\Ev 03-07RESOLUTION.doc
EXHIBIT A
PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENT IN THE
SOUTHEASTERLY CORNER OF LOT 8, BLOCK 2, ROLLING HILLS:
That part of the existing platted drainage easement ova, under, and across Lot 8, Block
2, ROLLING HILLS, City of Elk River, Shcrburne County, Minnesota, according to the
recorded plat thereo~:' described as follows:
Cormnencing at tile southeast corner of said Lot 8; thence on a plat bearing of South 63
degrees I7 minutes 07 seconds West along the southerly linc of said Lot 8 a distance of
24.90 feet; thence continuing 95.86 feet along said Southerly line on a tangential curve,
concave to the north, ha'~ing a radius 220.00 feet, central angle 26 degrees 09 minutes 14
seconds; thence North 1 i degrees 00 minutes 00 seconds East a distance of 10.27 feet to
the point of beginning of the easement to be vacated; thence North I I degrees 00 minutes
00 seconds East a distance of 1.13.68 feet; thence North 78 degrees 00 minutes 00
seconds East a distance of 6.25 feet to the easterly line of the existing platted drainage
easement; thence South 11 degrees 00 minutes 00 seconds West a distance of 114.66 feet
along the easterly line of the existing platted drainage easement; to the north line of the
south 10 feet of said Lot 8, thence west 5.93 feet along a non-tangential curve concave
northerly that has a radius of 210.00 feet, a central m~gle of 01 degree 37 minutes 06
seconds, and a chord that bears South 86 degrees 33 minutes 23 seconds West to said
point of beginning. Containing 0.02 acres of land.