6.1. SR 10-19-1998ity of
iver
FROM:
DATE:
SUBJECT:
Request
ITEM ~ 6.1.
MEMORANDUM
Mayor and City Council
Stephen Wensman, Planner
October 19, 1998
Request by Robert and Joyce
Danforth for an easement vacation,
Public Hearing Case No. # EV95-7
The applicant requests a vacation of a roadway easement on lot 11 and a
portion of lot 12, Block 2 in Palmer's Ist Addition.
Location
13224 Riverview Drive NW, Elk River (Lot 11 and 12, Block 2, Palmer's Ist
Addition)
Zoning/Landuse
Rld (Single Family Residential) / MR (Medium Density Residential)
Attachments
· Location map
· Certificate of Survey for: Robert Danforth
· Robert Danforth's letter
· Resolution No. 98-
Overview
The applicant is requesting a easement vacation of the unused portions of the
roadway easements on lots 11 and 12. The easements were created to permit
a cul-de-sac at the end of Riverview Drive. The cul-de-sac was built on lot 12
and none was constructed on 11. The city has no apparent need for the
unused portions of the easements on lots 11 and 12.
Drainage and utility easements (10 foot) will still be in place on the said lots.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 * Fax: (612) 441-7425
Recommendation
It is recommended that the City Council approve Resolution No. 98-__,
vacating the roadway easement along the South 17 feet of lot 11, Block 2
Palmers Ist Addition and that part of lot 12, Block 2, Palmer's first Addition
as further described in the attached exhibit with the following conditions:
1. THAT THERE ARE NO BURIED UTILITIES WITHIN THE ROADWAY
EASEMENT BEING VACATED
2. THAT THE DRAINAGE AND UTILITY EASEMENT REMAIN IN PLACE.
0~0~0
LOCATION
City of
13065 Orono Parkway · P.O. Box 490
Elk River, MN 55330
LOCATION
MAP
CASE:
EV 98-7
Certificate Of Survey For: ROBERT DANFORTH
N90'00'00 212.00
2
Block
12
11
\ / ~ -- 17 .rT. ROADWAY I EASEMENT
0'oo'o0 E ~3
Rive iew Drive
SUBJECT PROPERTY
Lots 11 a~nd 12, Block 2. PALMER'S lb"I' ADDITION, Sherburne County, YinnesoLa.
PROPOSED ROADWAY EASEi&SNT VACATION DESCRIPTIONS
The South 17,00 feet of Lot 11, Block 2, PALMER'S 1ST ADDITION, Sherburne County, Minnesota.
AND
· Denotes Found IP
0 Denotes Set IP
Denotes 17 Ft.
~ Roadway [sm't
TO Be Vacated
\'t- ;;.
,,,.,0.~ " ~. _.,
ThaL part of Lot 12. Block 2. PAL~ER'S ~.ST ADDITION, Sheburne County, Minnesota described as follows: Beginning at the
southwest corner of said Lot 12; thence north along the west line of said Lot 12. a distance of 17,00 feet; thence east
parallel ~rith the south line of said Lot 12. a distance of 21.00 feet; thence southwesterly Lo the point of beginning.
AND
That part of LOt 12, Block 2. PALMER'S 1Sl' ADDITION, Sheburne County, Minnesota described as follows: Beginning &t the
southeast corner of said Lot 12; thence north along the east line of said Lot 12 to a point that is 17.00 feet north of
the south line at said Lot 12, as measured at right an~les to said south line; thence west parallel with the south line
of said Lot 12, a distance of 24.00 feet; thence southeasterly to a point on the south line of said Lot 12, distant 9.00
feet west of the southeast corner o~ said Lot 12; thence east along the south line of said Lot 12 to the point of
beginning.
DATE: 9/15/98
BK/PG: 185/36
DRAWN BY: SLF
CHECKED BY: RMB
RE¥1SIONS:
I hereby certify that this survey was
prepared by me or under my direct
supervision and that I am <3 duly
Registered Land Surveyor under the
laws of the State of tdinnesoto,
Signed:. '~?~'~
Dote: 9/18/98 Reg. No. 21729
John O//ver & Associates, Inc.
580 DocLge Ave.n..u~e
El~ l~'~ue'r, Min~eota 55330
(61Z)441-2072 (F~)441-5665
201 W. ~av~t~ ~iL Suite 200
~u~l~, M~nne~ota 55337
(Gf2)894-30~ (F~)894--3049
DRAWING FILE: ~FILE NO.
LOT~ ~-12.DWG 7685.101
ROBERT B. DANFORTH
13224 Riverview Drive
Elk River, Minnesota 55330
Day: 612/241-2800
Evening: 612/441-2866
1998
Elk River City Council
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
Re: Vacation of a Roadway Easement
The undersigned, being the owners of Lot 11, Block 2, PALMER'S 1ST
ADDITION (Sherburne County, Minnesota), hereby petition the City of
Elk River to vacate the following roadway easement:
An easement for roadway purposes over the southerly 17 feet of
Lot 11, Block 2, PALMER'S 1ST ADDITION, Sherburne County,
Minnesota.
This easement was created by conveyances from the prior owners of
Lot 11 to the Township of Elk River in deeds recorded January 25,
1977 as Document Nos. 139369 and 139398 in the office of the
Sherburne County Recorder. The easement was given over the
southerly 17 feet of Lots 11 and 12 said Block 2 in order to permit
a cul-de-sac at the end of Riverview Drive.
The cul-de-sac was constructed only on Lot 12 and was never
constructed or used on Lot 11.
Since this roadway easement has never been used by the public we
feel it should be vacated.
Enclosed find copies of the deeds and maps.
Thank you for your kind consideration.
Robert B. Danf'ort~]~ ~
RESOLUTION 98 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING A ROADWAY EASEMENT
Case No. EV 98-7
WHEREAS,
the property owner abutting the street easement has requested the
City Council in a petition dated September 19, 1998, to vacate such
easement according to law; and,
WHEREAS,
a public hearing was held on October 19, 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 October 1, 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
Adopted by the Elk River City Council this 19th day of October, 1998.
ATTEST:
Henry Duitsman, Mayor
Sandra Peine, City Clerk
dayton .resolution
Certificate Of Survey For: ROBERT DANFORTH
N90°O0'O0 212.00
106.00
Block 2
.~.--'7 FT. ROADWAY[ EASEMENT-- ~ ~
9o'oo'o0 [
~-I0 FT. ORAINA~ ~EAS[MENT--
Rive iew Drive
I '
I I
;; I ... , I
I
SUBSECT PROPERTY
11
Lots 11 and 12, Block 2, PALNiER'S 1ST ADDITION, Sherburne County, Minnesota.
PROPOSED ROADWAY EASEHENT VACATION DESCRIPTIONS
The South 17.00 feet of Lot 11, Block 2, PAIJvlER'S 1S? ADDITION, Sherburne County, 14innesota.
AND
EXHIBIT A
Denotes Found
Denotes Set IP
Denotes 17 Ft,
Roodway Esm't
To Be Vocoted
LJ.J
That part of Lot 12, Block 2, PAL~ER'S 1ST ADDITION, Sheburne County, Minnesota described as follows: Beginning al the
southwest corner of said Lot 12; thence north along the west line of said Lot 12, a distance of 17.00 feet; thence east
parallel with the south line of said Lot 12, a distance of 21.00 feet; thence southwesterly to the point of beginning.
AND
That part of Lot 12, Block 2, PAJ.~ER'S 1ST ADDITION, Sheburne County, Minnesota described as follows: Beginning at the
southeast corner of s~id Lot 12; thence north along the east line of said Lot 12 to a point that is 17.00 feet north of
the south line of said Lot 12, as measured at right angles to said south line; thence west paredlel with the south line
of said Lot 12, a distance of 24.00 feet; thence southeasterly to a point on the south line of said Lot 12, distant 9.00
feet west of the southeast corner of said Lot 12; thence east along the south line of said Lot 12 to the point of
beginning.
DATE: 9/15/98
BK/PG: 183/36
DRAWN BY: SLF
CHECKED BY: RMB
RE'VISIONS:
I hereby certify thot this survey wos
prepored by me or under my direct
supervision ond thot I om o duly
Registered Lond Surveyor under the
lows of the Store of Minnesoto.
Signed: "~ ?~¢ '~'~r~n
Dote: 9/18/98 Reg. No. 21729
John Oliver & Associates, Inc.
C~vil gn~n,~..,W, ~ Su,~,~ng, I.~ p~
580 Dodge Av~e
E~ Riu~, Min~sota 55330
(612)441-207Z (F~)441-5665
20I W. ~a~e~ ~i~ Suite 200
Bu~I~. M~nneaota 55337
(612)894-30~ (F~)894-3049
DRAWING FILE: ]FILE NO.
LOTI~-12.DWG [ 7685.101