6.2. SR 04-17-2000-'ity of
iver MEMORANDUM
Item it 6.2.
TO:
FROM:
DATE:
SUBJECT:
The Mayor and City Council
Stephen Wensman, Planner ~j
April 17, 2000
Easement Vacation Request by John Bunkers,
Public Hearing Case No. EV 00-2
Request
John Bunkers requests the vacation of a street and utility easement across a
property in the Barrington Place Planned Unit Development.
Location
568 Dodge Avenue, Lots 1 and 2, Block 6, Barrington Place, Elk River, MN.
Zoning/Landuse
PUD (Planned Unit Development) / HB (Highway Business)
Attachments
Location map
Site Plan of 568 Dodge with blanket easement
Barrington Place property map
Bowen Easement Document
Overview
The applicant and new owner of the property, requests a vacation of a
blanket street and utility easement over the property at 568 Dodge Avenue.
The site most recently consisted of a convenient store, laundromat, gas
station and car wash.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to the City Council/EV 00-2
April 17, 2000
Page 2
On August 20, 1984, an administrative split of Barrington Place was
approved that split Lots I and 2 so that two additional parcels could be
created. As part of the approval, a private road easement was created on 592
Dodge that provides access to 580 Dodge (easement document 208303). In
1985, a second easement was recorded, the "Bowen Easement," that provided
an easement for emergency vehicles and drainage and utilities over 568
Dodge. The Bowen Easement is presently used as an alternate access to
John Oliver and Associates at 580 Dodge. The applicant believes the use of
the easement for access to 580 Dodge presents a dangerous situation for
pedestrians and tenants and creates a liability issue. The applicant also
believes that the blanket easement is an unnecessary encumbrance on the
property and should be reduced to the area necessary for drainage and utility
and emergency service purposes.
Bowen Easement
The easement, known as the "Bowen Easement" is a nonexclusive easement
in favor of the City. The easement is limited to providing municipal services,
emergency vehicular access, performing construction, repairs and
maintenance of the easement and not for use as a public thoroughfare or for
the use of the general public (See attached easement Bowan Easement
document).
In 1996, the City Attorney reviewed the "Bowen" easement at the request of
CCF Inc. the owners of 568 Dodge and determined that Bowen was not the
fee owner of the property when the easement was recorded and that the
Exhibits describing the property were not recorded with the easement
document. The City Attorney determined that without attached exhibits, the
easement defaulted to a blanket easement over the entire property. The city
Attorney also determined that the Bowen Easement did not grant 580 Dodge
an access through 568 Dodge.
Emergency Vehicle Access
The Police and Fire Departments are opposed to a complete vacation of the
easement and request that a minimum 25-foot easement along the south
property line be maintained.
Drainage and Utility Easements
If the "blanket" easement is removed, Elk River Utilities requests that a 10-
foot drainage and utility easement be granted (where permissible due to
existing structures) to the City around the perimeter of the property and over
utilities as required of all other commercial properties in the City.
\\elkriver\sys\shrdocXplanning\stevewen\ccmmo\ev00-2.doc
LOCATION
LOCATION
~ o~ MAP
River
13065 Orono Parkway. P.O. Box 490 CASE:
Elk River, MN 55330
EV 00'2
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, 592 DODGE f(M "~ '"
ESS EASEMENT TO 580 DODGE ''~
568 DODGE
,~.. '.- ~ 580 DODGE
EASEMENT AGREEMENT
(Relationship)
Owner(s} and the CITY OF ELK RIVER, a Minnesota municipal corporation
(the City).
Preliminary Statement of Facts
The Property Owner(s) is (are} the~ee owner~(s} of certain
real property located at ~/J~ ~.~J&W~/ (street address}
in the City of Elk River, County of Sherburne, State of
Minnesota, which is legally described on Exhibit A attached
hereto (the Property). The Property is not presently served
by a public street or road. The Property Owner(s) has (have)
requested the City to issue a permit allowing the construc-
tion of a structure and/or dwell ~g upon the Property. Before
it will issue a building permit ..or the Property, the City
requires the execution of this Easement Agreement.
NOW, THEREFORE, in consideration of the foregoing and in considera-
tion of ~he-~mutual promises of the parties hereto and the mutual benefits
to be gained by the performance hereof, the parties hereto agree as
follows=
1.) Conveyance of Easement by the Property Owner(s).
a.) The Property Owner(s) hereby grant(s) to the City,
its successors and assigns, a nonexclusive easement for
roadway purposes, over, under and across that part of
the Property legally described on Exhibit B which is
attached hereto and incorporated herein (the Easement).
b.} The city shall use the Easement for the limited pur-
poses of providing municipal services and emergency vehicu-
lar access to the Property and performing construction, re-
pairs and maintenance of the Easement as provided in Para-
graph 2 below. The parties hereto acknowledge that the
Easement shall not be used as a public thoroughfare and
the rights of the City to use the Easement shall not be
deemed to inure to the general public.
2.) Easement Not to be Obstructed.
The Property owner(s) shall at all times maintain the
Easement in good repair, clean condition and free from un-
reasonable accumulations of ice and snow and shall operate
the Easement in such a manner that the operation thereof
will in no way hinder or prevent the use of the Easement
by the City for the purposes allowed herein. ' If the
Easement is not maintained so as to permit the uae of the
Easement by the City for the purposes allowe~ herein, with-
out undertaking any duty of any nature, the City or its
agenta may, at its option, enter upon the Easement with
City personnel or a contractor hired by the City and per-
form said maintenance, whereupon the owner of said Ease-
ment shall be liable for payment of the City's costa and
expenses in maintaining the Easement.
3.) Liability and Indemnification.
The Property Owner(s} shall indemnify and hold the City
harmlesa from all claims, d~ma~ds and actions for injury,
death or damage to property, including attorneys~ fees,
occurring or resulting fro~ occurrences upon the Easement.
The Property Owner(s) shall alao hold the City harmless
from any claims, demands and actions for injury, death or
damage occurring because of or resulting from the failure
or the inability of the City to provide emergency fire,
ambulance or other municipal services to the Property as
a result of the condition of the Easement.
4.) Warranty of Title.
The Property Owner(s) hereby warrant(a) and represent(si
that (he)(she)(they) has (have) the full legal authority
to execute this instrument and warrant(e) the marketability
of title to the Easement conveyed hereby.
S.) Covenants Running with Land.
The Easement granted hereby and the agreements and covenants
contained herein shall ru~ with the title to the Property and
shall inure to the benefit of and be binding upon the parties
hereto and their respective heirs, legal representatives,
successors and assigns, including, but without limitation,
all subsequent owners of the Property and all persons claiming
under them.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
/
on the above date.
CITY 0P ELK ltlVE~, a Minnesota
municip&l corporation
Its
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STATE OF MINNESOTA )
)as.
COUNTY OF SEEP, BURNE)
Notary Public-
STAT~ OF ~Z~SOTA ) J
~ OF SHE~U~E) "
~e [orego%ng instant was ackn~l~ge~fore ~ ~is ~ day
on ~f of ~e City of Elk
Notary Public-
This instrument waa drafted by t
Larkin, Hoffman, Daly & Lindgren, Ltd.
7900 Xerxes Avenue South, Suite la00
Blocmington, Minnesota 55431
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