6.3. SR 03-15-2004MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Chris Leeseberg, Planner
March 15, 2004
Case No. EV 03-03
Request by Meyers & Johnson for Easement Vacation -
Lots I & 2, Block 2, Woods at Hillside Second Addition
Request
Consider a request by Kevin & Colleen Meyers and Michael & Barbara Johnson for an
easement vacation.
.Location
Lots 1 & 2, Block 2, Woods at Hillside 2nd Addition
Zoning/Land Use
PUD (Planed Unit Development) / MR (Medium Density Residential)
Attachments
Location Map
· Easement Exhibits
· Memo from the City Engineer
· Resolution No. 04-
Overview
The applicants wish to do a property line adjustment to relocate the existing common lot
line separating their two properties. This adjustment will be handled administratively
through a subdivision exemption. The Council is considering a request to vacate the existing
drainage and utility easements associated with this common lot line. After the lot line is
adjusted, new 5-foot drainage and utility easements along the each side of the adjusted lot
~-~o
~iFTH
SITE
PARK
LINCOLN
Case Number:
Location Map
EV 04-01
MEYERS / JOHNSON
N
RESOLUTION 04 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY
EASEMENTS
Case No. EV 04-01
WHEREAS,
the property owner abutting the street, drainage, and utility easement has
requested the City Council in a petition dated, January 31, 2004, to vacate
such easement according to law; and,
WHEREAS,
a public hearing was held on March 15, 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
February 24, 2004 and all persons interested were given an opporttmity to be
heard; and,
WHEREAS, it appears that it will be in the best interest of the City to approve such
peunon.
NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and
the drainage, and utility easement described as follows is hereby vacated:
Exhibit A and Exhibit B
Adopted by the Elk River City Council this 15~h day of March, 2004.
ATTEST:
Stephanie Klinzing, Mayor
Patri& Klaers, City Administrator
S: \PLANNING\Case Files\2004\EV 04-01 Meyers-Johnson\RESOLUTiON doc.doc
EXHIBIT A
)osed Easement Exhibit for: SM~, PAUAgO~, O DONNEIZ ~ ASSOCIATES, P£C
Job# 8319.20-104 Book/Page:__
I////////] PROPOSED DRAINAGE & UTILITY EASEMENT Scale: 1"=40' Date: 12/22/03
· : /
~-North westerly line
of Lot 2, Block £
\~_S. outhwesterly line of a I0.00
foot wide Drainage & Utility
Easement
Northwesterly line of
I
I
I
I
o 30.00 foot wide
.~ Easement
Drainage & Utility
~~/
PROPOSED LEGAL DESCRIPTION:
That port of Lots I end 2, Block 2, THE WOODS AT HILLSIDE SECOND ADDITION,
according to the recorded plot thereof, Sherburne County, Minnesota which lies northwesterly of
o dedicated 30.O0 foot drainage and utility easement along the southeasterly line of said Lots I
and 2; easterly of o dedicated 10.00 foot wide drainage and utility easement along the
northwesterly line of said Lots I end :2; end extends 5.00 feet to the taft of the following
described Line A:
Said Line A is described os follows:
Commencing et the most easterly corner of said Lot l; thence South 45 degrees O0
minutes 00 seconds West, plot bearing, along the southeasterly line of said Lot i, a
distance of 6.5.95 feet to the Point of Beginning of said Line A; thence North 60 degrees
05 minutes 28 seconds West to the northwesterly line of Lot 2, of said Block 2, and said
Line A there terminating.
SHEET 4 OF 4
John Oliver & Associates, Inc.
580 Dodge .~ve~ue
763--441--2072 (F~)763--441--5665
EXHIBIT B
Proposed Easement Exhibit for:SMIT~ PAULSON, O'DONNEL, & ASSOCL4TES, PLC
~ PROPOSED DRAINAGE & UTILITY EASEMENT Job# 8319.20-103 Book/Page:__
Scale: 1 "=40' DaLe: 12/19/03
N
! / '/ ' ,':'- :,'
-,...., , -,
xx '-~,?,
/
/ ~ x~" ' ~;;'
__ / R=lVO,O0
R=220.00
~Porallel wHh
/// Line A
..~
/ 4
/
/
'
~.. - ,_ N28°47'55"W
14.68
/
/ X~-Northwesterly line ~'~'~
of Lot 2. Block 2
~. Southwesferly line of o /0.00
~fool wide Drainage ~ Uti/Hy
Eqsemen t
SHEET 3 OF 4
PROPOSED LEGAL DESCRIPTION:
That port of Lots I and 2, Block 2, THE WOODS AT HILLSIDE SECOND ADDITION, according to the recorded
plot thereof. Sherbume County, Minnesota which lies northerly of the following described Line A; southerly of the
following described Line B; northwesteHy of o dedicated 30.00 foot drainage and utility easement along the
southeosteHy tine of said Lots I and 2; and easterly of o dedicated I0.00 foot wide drainage and utility easement
along the northwesterly line of said Lots I and 2:
Said Line A is described os follows:
Commencing at the most easterly corner of said Lot I; thence South 45 degrees O0 minutes O0 seconds
West, plot bearing, along the southeasterly line of said Lot I, o distance of 65.93 feet to the Point of
Beginning of said Line A; thence North 60 degrees 05 minutes 28 seconds West to the northwesterly line of
Lot 2, of said Block 2, and said Line A there terminating.
Said Line B is described os follows:
Commencing at the most easterly corner of said Lot h thence South 45 deorees O0 minutes O0 seconds
West. plot bearing, along the southeasterly line of said Lot I. o distance of ~5.93 to the previously described
Line A; thence North 60 degrees 05 minutes 28 seconds West, along said Line A, o distance of 31.07 to the
northwesterly line of o dedicated 50.00 foot wide drainage and utility easement along the southeasterly line
of said Lot I; thence North 45 degrees O0 minutes O0 seconds East along said northwesterly line, o distance
of 5.18 feet to the Point of Beginning of said Line B; thence North 60 degrees 05 minutes 28 seconds West,
parallel to said Line A. o distance of 185.25 feet; thence North 28 degrees 47 minutes 35 seconds West, o
distance of 14.68 feet to [he 1o the southeasterly line of o dedicated I0.00 foot wide drainage and utility
easement along the northwesterly line of said Lots I and 2. and said Line B there terminoUng.
John Oliver & Associates, Inc.
Civil B~i~e~, La~ Su~, L~ P~nning
DATE-t/%'~ RECEiVeD
..... ~63--44
Office~ i~' E~ River, B~ville
and Brooklyn Center, Minnesota
Proposed Drainage Jc
Utility Easement ~
Line
Northwesterly line of /
Droino~e ~ Utility ~ /
Howard R
, Green Company
March 5, 2004
File: 823220J-0325
Mr. Chris Leeseberg
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE:
WOODS AT HILLSIDE 2Nj:) ADDITION
REQUEST FOR EASEMENT VACATION
Dear Mr. Leeseberg:
The owners of Lot 1 and Lot 2, Block 2, Woods at Hillside 2n~ Addition are planning to make a
minor adjustment in their common lot line. The adjustment of the lot line will be handled
administratively through a subdivision exemption. We have reviewed the documents relative to the
proposed subdivision exemption and have found them to all be in order. However, to move the
common lot line, it will be necessary to vacate the five-foot drainage and utility easements that are
along either side of this existing lot line. We have reviewed the document prepared by John Oliver
and Associates for each of these five-foot drainage and utility easements to be vacated. We find
them to be acceptable and would recommend approval of the vacation. When the new lot line is
established, a new five-foot drainage and utility easement should be given on either side of the
new lot line.
If you have any questions regarding any of this information, please call.
Sincerely,
Howard R. Green Company
Te/~ J. rv~'~;;er,/~' P.E.
TJM:sw
Ltr-030504-Leeseberg.doc
2550 University Avenue West · Suite 400N · St. Paul, MN 55114 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389