Loading...
6.10. SR 05-15-2000-~ity of iver TO: FROM: DATE: SUBJECT: MEMORANDUM Item #6.10 The Mayor and City Council Stephen Wensman, Planner ¢ May 15, 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) / I-IB (Highway Business) Attachments · Location map · Site Plan of 568 Dodge with blanket easement · Barrington Place property map · Bowen Easement Document · Resolution 00- 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. 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 The site most recently consisted of a convenient store, laundromat, gas station and car wash. 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 \\elkriver\sys\shrdoc\planning\stevewen\ccmmo\evOO-2.doc Memo to the City Council/EV 00-2 April 17, 2000 Page 3 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. City Attorney The City Attorney recommends that the City draft and the applicant execute a new easement document that provides the City with a 25 foot easement along the south property line and 10 foot easements around the perimeter of the property (where not under building) prior to approving a vacation of the blanket "Bowen Easement." The City will record the easement when recording the official action of the City Council. Recommendation Staff recommends that the City Council approve Resolution 00-__ to vacate the existing "blanket" easement with the following conditions: THAT AN EASEMENT AGREEMENT BE GRANTED TO THE CITY THAT ENABLES EMERGENCY VEHICLE ACCESS ALONG THE SOUTH 25 FEET OF THE PROPERTY PRIOR TO THE VACATION. 2. THAT THE NEW EASEMENT BE POSTED "NO PARKING / FIRE LANE." 3. THAT THE CURB CUT ON DODGE STREET BE REDUCED TO 30 FEET IN WIDTH, THE MAXIMUM ALLOWED BY CITY ORDINANCE. \\elkriver\sys\shrdoc\planning\stevewen\ccmmoNev00-2.doc LOCATION LOCATION ~,~ o~ River MAP 13065 Orono Parkway. P.O. Box 490 CASE: Elk River, MN 55330 EV 00"2 f WOO ~ . U)A-'LL ~ /~" "..--..._~ ,,., yi ~ ~/'/.. ~ ~ REM~ PROPERTY ~,/. 592 DODGE ,~ '~ '" .~ ' :SS EASEMENT TO 580 DODGE -~'- APPLIC~'S PROPERTY/ 568 DODGE 580 DODGE · '1 EASEMENT AGREEMENT ~ ~~_~ ~ } (the Property ~er(s} an~ ~e CI~ OF ELK RI~R, a ~nnesota municipal corporation (the City). Preliminary Statement of Facts The Property Owner(s) is (are) the_fee owner.(s) of certain real property located at ~/~]~ ~'~/ (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 ~h~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 Eaaen~nt in such a manner that the operation thereof will in no way hinder or prevent the usa of the Rasement by the City for the purposes allowed herein. ' If the Easement ts not maintained so es to p~mit the use of the Easement by the City for the purposes allo~ed herein, with- out undertaking any duty of any nature, the City or its agents 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 costs and expenses In maintaining the Easement. 3.) Liability and Indemnification. The Property Owner(s} shall indemnify and hold the City harmless from all claims, demands and actions for injury, death or damage to property, including attorneys~ fees, occurring or resulting from occurrences upon the Easement. The Property Owner(s) shall also 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 fir*, ambulance or other municipal services to the Property aa a result of the condition of the Easement. 4.) Warranty of Title. The Property Owner(s) hereby warrant(s) and represent(s) that (he)(she)(they) has (have) the full legal authority to execute this instrument and warrant(a} the marketability of title to the Easement conveyed hereby. 5.} Covenants Running with Land. The Easement granted hereby and the agreements ~nd covenants contained herein shall run 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 o~ners of the Property and all persons claiming under them. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ~bova date. CITY OF ~// RIVEI, a ~lnnesota municipal corporation -2- · J STATE OF MINNESOTA ) COUNTY O. SHE~Vl~.) ~~ng instrument was ~fore s~TE o~ m~so~ I -' I~_~_~.~_~&~_! ~ OF SH~U~) .. ~e foreqo%ng Instant was ackn~l~ged~fore ~ ~ts ~ del on ~Eof ~e City of Nota~7 Public This instrument was drafted by z Larkin, Hoffman, Daly & Llndgren, Ltd. 7900 Xerxes Avenue South, Suite 1500 Bloomington, Minnesota 55431 1~7257 -3- RESOLUTION 00 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS Case No. EV 00-2 WHEREAS, the property owner abutting the drainage and utility easement has requested the City Council in a petition dated March 23, 2000, to vacate such easement according to law; and, WHEREAS, a public hearing was held on April 17, 2000, 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 March 30, 2000, 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 17th day of April, 2000. ATTEST: Stephanie Klinzing, Mayor Sandra Peine, City Clerk Document3 Exhibit A All that part of Lots I and 2, Block 6, Bs. trington Place, Shcrbumo County, Minnesota, lying Southerly of Linc "B" to be hereinafter dcscri[~l; and lying Wcstcrly of Linc "C" to be hereinafter described; and lying Blorthcfly of Linc "D' to bc hercinaflcr described; said linc "B" being described as beginning at a point on the Basterly line of said Lot 2, a distance of 80.33 fcct Northerly, as measured along said Easterly line, oftbe most Easterly comer of said Lot 2; thence Southwesterly along said Line !'B' to tennJ.nato same at a point on the Westerly line of Lot 1, said Block 6, a distance of 83.07 feet goutherly~ as measured along said Westerly line of the most Northerly comer ofsaid Lot 1; said Linc "C" being deson'bed as be~nning at a point on said Line "B" a distance of 130.15 feet Southwesterly of said F.~terly line of Lot 2, as measured along said Line "B"; thence Southerly along said Linc "C" to terminate same at a point on thc 'most Northerly line of Exception to said Barringt0n Place, also being a Southerly line of said Lot 1, a distance of 133.01 feet We~t of the most Ezstetly comer of said Lot 1; said Line "D" being described ~s beginning at the most Northw~t comet of~n Exception to s~id Barrinl~ton Place, also being a comer ofsald Lot 1; thence Sofithwesterly. to toaminate Line "D" at a point of curvature on said Westerly line of Lot I, a dist~ce of 184.15 feet Northwesterly, as measured along said Weaterly line, of the most Southerly comg of said Lot 1; Together with a nonexcluaive e. asemeot for driveway atlduizd~r.groun.~ d utility, purp0sea over, acm,ss, and under a stdp of land 25,00 feet, as m,'~.mred at. tight angl~ in widthi tho Soutbetly line of said oa,som~nt · being the above described Line "B", '.a~ .flio.N0titl~ytiilg 0fsaid easement being lengthened or shortened as need be iq. interaoot ~.'.th ~ad....t.~..'m~.?~:*.~c~l, the West lini of raid Lot I, and at thc East linc of said Lot 2. ..