7.2. SR 08-19-2013 City of
Elk - Request for Action
River O.
To Item Number
Mayor and City Council 7.2
Agenda Section Meeting Date Prepared by
Public Hearinj lAugust 19, 2013 Jeremy Barnhart, CODD Deputy Director
Item Description Reviewed by
Resolution for Easement Vacation,Lot 1,Block 3, Cal Portner, City Administrator
Natures Edge Business Center Reviewed by
Action Requested
Adopt by resolution the vacation of a portion of a drainage and utility easement to accommodate the
construction of the Preferred Powder Coating project.
Background/Discussion
When Natures Edge Business Center was platted,a drainage and utility easement was placed over the
existing wetlands as a second layer of protection and notification. Through plan review of the Preferred
Powder Coating project, a portion of the existing wetland needed to be mitigated to support the building
planned. The applicant completed the Technical Evaluation Panel (TEP) review in June;they found that
the mitigation was appropriate and followed the wetland rules.
While the TEP permitted the wetland impacts,the easement remains and needs to be formally vacated.
Since the easement is no longer appropriate in this location, staff recommends approval.
Financial Impact
N/A
Attachments
• Location Map
• Resolution
• Exhibit A
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City of
Elk
River
Resolution 13-
A Resolution of the City of Elk River for Vacating a Drainage and Utility
Easement
WHEREAS, the city desires to vacate such easements according to law; and,
WHEREAS, a public hearing was held on August 19, 2013, before the City Council at the
Elk River City Hall on such request after due published and posted notice
had been given and all persons interested were given an opportunity to be
heard; and,
WHEREAS, vacation of the easement is appropriate as it offers no existing or potential
value to the city of utilities.
NOW, THEREFORE, BE IT RESOLVED that such request is hereby granted and the
easement described in Exhibit A as attached is hereby vacated.
Passed and adopted this 19"'day of August, 2013.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
P O w E R E U 9 1
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Exhibit A
Vacation of a portion of the existing drainage and utility easement located within Lot 1 block
3 of Natures Edge Business Center Plat,Elk River,Minnesota being more particularly
described as follows:
The area inside a described line commencing at the SW corner of said lot;thence
N00°51'02"E along the westerly lot line a distance of 70 feet;thence N89°52'22"E parallel
to the south lot line for a distance of 10 feet to the actual point of beginning; thence
continuing on the same bearing for a distance of 248.57 feet; thence N44°52'22"E for a
distance of 190.18 feet to the intersection of the existing drainage and utility line;thence
following said easement line N62'1 5'54"W for a distance of 92.37 feet; thence
N79°40'34"W for a distance of 119.36; thence S49°55'28"W for a distance of 86.31 feet;
thence S82'52'21"W for a distance of 118.95 feet; thence S00°51'02"W to the actual point
of beginning and there terminating.
P O W E R E D 0 Y
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