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6.2. SR 05-17-2004Item # 6.2. MEMORANDUM TO: FROM: DATE: Mayor and City Council .I Scott Harlicker, Senior Plann~ May 17, 2004 SUBJECT: Case No. EV 04-02 Morcon Real Estate and Development- Easement Vacation to vacate certain drainage and utility easements on Lots 3 and 4, Block 3, Ridgewood East 3rd Addition and Outlot A, Brentwood, Public Hearing - Case No. EV 04-02 Request Morcon Real Estate and development requests an Easement Vacation to vacate certain drainage and utility easements over Lots 3 and 4, Block 3, Ridgewood East 3~d Addition and Outlot A, Brentwood. Location West of Highway 169, south of 1972 Avenue and east of Irving Street Attachments · Location Map · Memo from the City Engineer · Drawings showing easements proposed to be vacated · Final plat Elk Ridge Center · Resolution 04- Overview As part of the final plat of Elk Ridge Center the applicant is replattmg Lots 3 and 4, Block 3, Ridgewood East 3~d Addition and Ouflot A, Brentwood. New easements will be located along the proposed right-of-way and along the new property lines when future additions are final platted= The final plat for Elk Ridge Center is also before the Council tonight for consideration. Recommendation Staff recommends that the City Council approve Resolution No. 04- approving the request to vacate the existing drainage and utility easement on Lots 3 and 4, Block 3, Ridgewood East 3ra Addition and Outlot A Brentwood with the following conditions: 1. The final plat for Elk Ridge Center Addition is approved by the City Council. 2. All comments of the City Engineer shall be addressed. SITE JUNIOR HIGH SCHOOL VANDENBERG JUNIOR HIGH SCHOOL ELK RVER HIGH SCHOOL PARKER ELEMENTRY SCHOOL SCHOOL Case Number:. Location Map EV 04-02 MORCON DEVELOPMENT N May I0, 2004 File: $2'! 79OJ-0240 Mr. Scott Hadicker Senior Planner City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: ELK RIDGE CENTER * FINAL PLAT AND EASEMENT VACATION Dear Mr. Hadicker: As requested, we have reviewed the proposed easement vacations and final plat for the Elk Ridge Center development As you are aware, this is the development located on Outlot A of the Brentwood subdivision. Schoelt and Madson, Inc., prepared the documents we reviewed. Based on our review, we would offer the following comments: i. The easement vacations requested are drainage and utility easements provided as part of the Brentwood Addition plat, drainage and utility easements orovided as pad of the /.4 ~ - ~rd Ridgewoo,~ b.,s~ ,~ Addition plat, and a drainage easement aton'g the south frontage of 197th Avenue. The larger drainage and utility easements used for actual storm water drainage off of the perimeter City streets will be re-granted through the final plat. The two conditions we would suggest as part of granting the easement vacations are that the appiicant ensure that there are no small utiiity uses for the perimeter drainage and utility easements requested for vacation, and the final plat be recorded to rededicate the drainage and utility easements needed for storm drainage. 2. The final plat of Elk Ridge Center proposes to divide the property into seven out!ots while providing the public rights-of-way for Holt Street and the realignment of 197~ Avenue. Obviously, as each outlot begins to develop into a commercial establishment, it will need to be reptatted. The two conditions we would recommend for the approval of the final plat are that the drainage and utility easements around the perimeter of the site · and along the street rights-of-way be dedicated on the this final pl~t, even though the tots that these drainage and utility easements would be over are currently outiots. Holt Street may be built before al! of the outlots are replatted, and those drainage and utility easements along the frontage and perimeters may be necessaw for the small utilities and/or other planned improvements. Secondly, access control should be granted along the TH 169 frontage as part of this plat. any questions regarding comments on either of these issues, please caii. if you have Sincerely, ~owarc-- P Green '"-' , ,. u, umpany TJM:sw Ltr*05 i 0~-~adic~er. doc 2550 Unh/ersityAvenue West , Suite 400N * St. Paul, MN 55114 ~ 651/644-4389 fax 65%/644-9446 toll free 888/368-4389 RESOLUTION 04 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS Case No. EV 04-02 WHEREAS, the property owner abutting the street, drainage, and utility easement has requested the City Council in a petition April 19, 2004 to vacate such easement according to law; and, WHEREAS, a public hearing was held on May 17, 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 April 6, 2004 and all persons interested were given an opportumty 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 17~h day of May, 2004. ATTEST: Stephanie Klmzing, Mayor Joan Schrnidt, City Clerk &\PLANNING\Case Files\2004\EV 04-02 Morcon\Resolution.doc Exhibit A 1. All drainage and utility easements located on Outlot A, Brentwood, except that 10 foot easement to Anoka County Cooperative Power and Light along the south property line. 2. All drainage and utility easement located on Lots 3 and 4, Block 3, Ridgewood East 3~a Addition 5 4 ~ °[- ~ 89' 33' 08"'/'/~ 1{363.77-- ,k I . ~, · /~ 1\ ~q'~-' ..~ Out/~,t ' ~' ~' .'?~/.. ~-~ ~ j ; ~ / ~;~, .....~L ~. -- ~ /$ 4 ~h 2 22 7 t. 20 "'/~ 18 13 ZO 19 15 E3 / 'Itlt' '6 ~' 3 ~ I /0 6 I0 ~ 4 SCM, E: 1 inch" 300 [eet 'Bearin~s ~re assumed n Denotes iron pipe ~et"wlth a plastic plug ....... Denotes drR~nage and utility easemeDtS 10 feet tn w~dth Scale In 300 0 N 89~27'21'' E 1205 ~ ~ ELK RIDGE CENTER OUTLOT A NTO°o0, 19660 16.88 SlO°OO'00"W r ~ OUTLOT B S 04°15'36" W 1328,71 SCHOELL & MADSON, INC. ENGINEERS * SURVEYORS * PLANNERS SOIL TESTING * ENVIRONMENTAL SERVICES SHEET 5 OF 4 SHEETS I~ - Denotes I/2 inch Iron Plple M~ume~ Found 0 - Denotes 1/2 inch kon P~e Monumen~ Set ELK RIDGE CENTER S 04o13.56 ~ 1328.71 ,.. N89 °25'5~"E L ~ ~5 - ~l -~i , '~1 ~ / -~1 ~ SO2'26'12"W 222 25 OUTLOT C ~* ~ ,~ OUTLOT F j! OUTLOT E SO0'O0'O0"E 157.29 UO'o0" SCHOELL & MADSON, INC. ENGINEERS * SURVEYORS * PLANNERS SOIL TESTING * ENVIRONMENTAL SERVICES SHEET 4. OF 4- SHEETS J