6.4. SR 12-21-1998ity of
iver
Item # 6.4.
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Scott Harlieker, Planning Assistan
December 21, 1998
SUBJECT:
Request by James Anderson for
Easement Vacation, Public Hearing
Case No. EV 98-9
Request
Consider a request by James Anderson to vacate 14 feet of a 20 foot drainage
and utility easement
Location
13361 179th Circle. Lot 3, Block 1, Heritage Landing 2nd Addition
Zoning/Land Use
Rld (Single Family Residential) / MR (Medium Density Residential)
Attachments
· Location map
· Memo from City Engineer
Overview
The applicant is requesting the City vacate 14 feet of a 20 foot drainage and
utility easement that extends along the rear lot line of his property. The 20
foot easement was granted after the plat for Heritage Landing 2na Addition
was approved. On that plat a 6 foot drainage and utility easement was
recorded along the rear lot line. The 20 foot easement was needed to address
drainage issues that occurred after the plat was recorded. Those drainage
issues have been corrected and the full 20 foot easement is no longer needed.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor and City Council/EV 98-9
December 21, 1998
Page 2
Recommendation
It is recommended the City Council adopt Resolution No. 98-__ vacating
14 feet of a 20 foot drainage and utility easement along the rear lot line of
Lot 3, Block 1, Heritage Landing 2nd Addition.
s:XplanningXscottXev98-9.doc
RESOLUTION 98 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING A DRAINAGE AND UTILITY EASEMENT
Case No. EV 98-9
WHEREAS,
the property owner abutting the street easement has requested the
City Council in a petition dated November 20, 1998, to vacate such
easement according to law; and,
WHEREAS,
a public hearing was held on December 21, 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 December 10, 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:
The drainage and utility easement as shown on Lot 3, Block 1,
Heritage Landing Second Addition, Exhibit A
Adopted by the Elk River City Council this 21st day of December, 1998.
ATTEST:
Henry Duitsman, Mayor
Sandra Peine, City Clerk
\Xelkriver\syskshrdoc\document\resolutikev98-9.doc
DENOTES EXISTING DRAINAGE
AND UTILITY EASEMENT
DENOTES PROPOSED DRAINAGE
AND UTILITY EASEMENT
Ir ~ , -'- I
I,~, , ,s ,_,
·
I
180.00
EASEMENT
FOR
HERITAGE LANDING
EASEMENT TO B ATED
/
f ~ '&
.49 I
3
~/ ,~-
,/ /
60.00 '\
77.00 .
/A =--~%49o53,33.
/R = 6b.oo
L = 52.25
EXHIBIT A
PARTNERSHIP
/
/
John Olivor & Associates, Inc.
(6fz)44f-~orz
(612)894-3o45
I hereby certify that this exhibit and description was
prepared by me or under my direct supervision, is
correct to the best of my knowledge and belief, and
that i am a duly licensed Land Surveyor under the
laws of the State of Yinnesota.
(R & ASSOCIATES,-INC.
,.. John O. Oliver, Land Surveyor
)Jinnesota License No. 8194
Date: August 3. 1995
PROPOSED ADDITIONAL DRAINAGE EASEI, IEIITS TIIROUGI! "IIERITAGE LANDING SECOND ADDITIONC:
Per~anent drainage easements over. across, and under the two following described properties, to-wit:
1) The North 20 feet, as measured at right angles, of Lots I and 2. Block 1, of I.he
duly recorded plat of HERITAGE LANDING SECOND ADDITION, Sherburne County, Minnesota.
2) The Northeasterly 20 feet, as measured at right angles, of Lots 3 and 4, said Block l, DERIT^CE LANDING SECOND ADDITION.
SC08: /tlLandd&u.l 8/1/95 File #6197.10-10
Howard R, Green Company
CONSULTING ENGINEERS
December 9, 1998
File: 230-177-11
CON~[LTING ENGINEEI~
Formerly MSA
Consulting Engineers
Mr. Scott Harlicker
Assistant City Planner
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE: ANDERSON EASEMENT VACATION HERITAGE LANDING 2ND ADDITION
Dear Mr. Harlicker:
As requested, I have reviewed the Anderson easement vacation for Lot 3, Block 1, Heritage
Landing, 2nd Addition. It is my understanding that Mr. Anderson has requested a vacation of 14
feet of the 20 foot easement along the rear lot line of his property. This issue goes back 1997.
In the fall of 1997, the City worked through this issue with Mr. Anderson, several other
surrounding neighbors, and the developers for Heritage Landing 2nd Addition. The issue
revolved around a drainage easement needed for Heritage Landing 2nd Addition, and the timing
by which the 20 foot easement was granted. There was a question as to whether the easement
was granted before Mr. Anderson was the owner of the lot, or whether he was already in
ownership of the lot and the easement should not have been granted. The final conclusion to
the issue was the drainage ditch that was within the 20 foot easement was relocated to the 6
foot easement granted through the platting process on the rear lots of Heritage Landing 2nd
Addition, and Heritage Landing 1st Addition in the vicinity of Mr. Anderson's lot. That
construction was completed in the fall of 1997 and restoration was accomplished in the spring of
1998. Therefore, I see no problem with vacating 14 feet of the easement, as long as a 6 foot
easement is maintained along the rear lot line, and the triangular easement is maintained at the
northeast corner of Mr. Anderson's lot. This triangular easement is needed for a watermain loop
between Heritage Landing 1st Addition and Heritage Landing 2nd Addition.
If you have any questions or would like more information about this issue, please call.
Sincerely,
Howard R. Green Company
Terry J%. M' aurer, P.E.
TJM:pd
O:\PROJ\000175\175-0804.dec
1326 Energy Park Drive · St. Paul, MN 55108 ° 612/644-4389 fax 612/644-9446 toll free 888/368-4389
ORONO
LAKE
ORONO
LOCATION
~ LOCATION
City o_f
I 13065 Orono Parkway . P.O. Box490 CASE: EV 98-9
,,... Elk River, MN 55330 ,.
DENOTES EXISTING DRAINAGE
AND UTILITY EASEMENT
EASEMENT
EXHIBIT
John Oliver & Associates, Inc.
DENOTES PROPOSED DRAINAGE FOR
EA EMEI FO BE
Z
', R 60.00
i~-l~ -,L 77.00
%%%
B.OB
/ tA Ir' 'Xl ll ' % i ~1~ I ~ '~
" /'% & I I
Il I I I I I\l
/ % L.., L..., I I I %/ I ~1
28.00
NO°OO'OO"W~/i ,
II I
t63.4g I
./ R: 67.60 I
23°41'30" itEI~ITACE
105.49
42.79
I hereby certify that this exhibit and description was
prepared by me or under my direct supervision, is
correct to the best of my knowledge and belief, and
that I am a duly licensed Land Surveyor under the
laws of the State of Minnesota.
... John O. Oliver. Land Surveyor
Yinnesota Lioense No. 8194
Date: August 3, I995
PROPOSED ADDITIONAL DRAINAGE EASE~IENTS THROUGH "tIERITAGE LANDING SECOND ADDITION":
Permanent drainage easements over, across, and under the two following described properties, to-wit:
1) The North 20 feeL, as measured aL right angles, of Lots 1 and 2. Block 1. of the
duly recorded plat of HERITAGE LANDING SECOND ADDITION, Sherburne County. Minnesota.
~) The Northeasterly ~0 feet, as measured at right angles, of Lots 3 and 4, said Block l, IIERITAGE lANDING SECOND ADDITION.
SCOB: /HLandd&u. 1
File #6197.10-10