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7.4. SR 08-17-2015City of Elk az — River Request for Action To Item Number Mayor and City Council 7.4 Agenda Section Meeting Date lAugust Prepared by Public Hearinj 17, 2015 Zack Carlton, Planning Manager Item Description Reviewed by Easement Vacation: Chad Weatherly to Vacate Chris Leeseber , Senior Planner Reviewed by Portion of Drainage and Utility Easement Cal Portner, City Administrator Action Requested Adopt, by resolution, the Easement Vacation request as proposed. Background/Discussion The property owner, Chad Weatherly, at 19718 Victoria Street is requesting to vacate a portion of the drainage and utility easement located on his property. The property is located in the Weatherwood Plat and was approved in 1996. Records indicate the easement was established to protect access around what was thought to be the route of County Ditch 28. However, recent information indicates the ditch does not run through Mr. Weatherly's property. The applicant has been working with representatives from the county to locate and verify the correct alignment of the county ditch. Their research indicates the actual location of the ditch is across Victoria Street, approximately 250' to the east of the easement on Mr. Weatherly's property. Staff received an email on July 17, 2015, from the Sherburne County Ditch Inspector, Mike Lindenau, verifying the applicant's statement. The applicant plans to build a shed in the location of the ditch, but a permit cannot be issued for a structure encroaching into a drainage and utility easement. Staff discussed the easement with the City Engineer to verify there are not any stormwater or utility interests for the easement, which there are not. Financial Impact None Attachments ■ Location Map ■ Applicant's Narrative ■ Easement Vacation Drawing and Description dated July 24, 2015 ■ Email from County Ditch Inspector received July 17, 2015 ■ Resolution P a w E A E U s r NaA f RE] !} "�•"o. . re 10 . 40 t' }} e � '4 r4a 41 vi , J - �, y.a t . h "fir ## t �'°1e,- C. ' �j{ e , -AMR,I yam; •' +}� �{' cy - +-i � ��} ,. � • k .. nen �. - Ta, _ i Am *' Chad Weatherly _Case EV 15-07 Elk Easement Vacation Beer To whom it may concern, I am requesting that the easement for county ditch #28 that is on my survey be vacated. My property is located at lot 7 block 4 of the Weatherwood development in Elk River. With the recent problems of county ditch #28 in the Weatherwood development, it was found that the ditch was not located on my lot as the survey showed. It is actually running on the opposite side of the road from me (east side of Victoria St. NW). I would like to build a detached garage in my back yard, therefore would like the easement vacated. The county maps were obviously incorrect when the original survey was completed for this development. Now that the ditch has been correctly located, I want it vacated from my survey. Sincerely, 41(. 6�1 Chad M. Weatherly EASEMENT VACATION SITE PLAN for Chad Weatherly Lot 7, Block 4, WEATHERWOOD, Sherburne County, Minnesota a. Q �0 O0 2© � ac ws 6 2 cS r of •.y �^ 1� j ; m F 2 ' LL 0 o17 3e )0 1 b-m� ip j 1 wa.o r 4 � '1� N , 'A" i + \ro. 4� �r s` m pti� °3sa J ouu 14 46 VY? `o e � I � m . a I i� NO SCAt-E PROPOSED VACATION DESCRIPTION: All that part of a 60.00 foot wide drainage easement, as shown and dedicated within Lot 7, Block 4, WEATHERWOOD, according to the recorded plat thereof, Sherburne County, Minnesota, lying 30.00 feet on each side of the following described centerline: Commencing at the southeast corner of said Lot 7; thence South 89 degrees 14 minutes 43 seconds West, plat bearing, along the south line of said Lot 7, a distance of 201.56 feet to the actual point of beginning of the centerline to be described; thence North 06 degrees 00 minutes 03 seconds East, along said centerline to intersect a line drawn parallel with and 5.00 feet southerly of the northwesterly line of said Lot 7 and said centerline there terminating. The sidelines are to be prolonged or shortened on the northerly side to terminate at said parallel line and prolonged or shortened on the south side to terminate at Line "A" described below: Commencing at the southwest corner of said Lot 7, thence North 89 degrees 14 minutes 43 seconds East, plat bearing, along the south line of said Lot 7, a distance of 120.00 feet; thence northerly deflecting left 90 degrees 00 minutes 00 seconds, a distance of 115.00 feet; thence northeasterly deflecting right 45 degrees 00 minutes 00 seconds, a distance of 80.00 feet to the actual point of beginning of Line "A" to the described; thence easterly deflecting right 45 degrees 00 minutes 00 seconds, a distance of 120.00 feet and said Line "A" there terminating. Carlton, Zachary From: Mike Lindenau <Mike.Lindenau@co.sherburne.mn.us> Sent: Friday, July 17, 2015 4:11 PM To: Carlton, Zachary Cc: Kathleen Heaney; Patti Kukowski; Rhonda Lewis; Jolene Klang Subject: FW: County Ditch Number 28 Zack, I have spoken with Kathy Heaney on this matter and can confirm that there is no drain tile or open ditch on said property. The tile line was repaired last year and is located across the street and does not pass through Mr. Weatherly's property. We did explore a sinkhole on his property and dug along the pond in his back yard and found nothing but buried stumps and no indication of any disturbed dirt where a tile line would have been installed along the pond several feet below the current grade when we were looking for the tile line that was repaired. Mike Lindenau Sherburne County Ditch Inspector From: Kathleen Heaney Sent: Friday, July 17, 2015 3:54 PM To: Rhonda Lewis; Mike Lindenau; Patti Kukowski Cc: Jolene Klang Subject: County Ditch Number 28 This involves Block 4 Lot 7 owned by Mr. Chad Weatherly. I spoke with Mr. Weatherly today. He is seeking to build an outbuilding on his land in a location where the building will encroach on the easement identified on the plat as the "drainage easement." Apparently the City of Elk River identified that they needed some documentation from the County in its capacity as the ditch authority. The legal issue that arose: did the dedication language on the plat dedicate the drainage easement to the County Drainage Authority on Block 4 Lot 7 of Weatherwood Plat, Doc No. 321180? Short Answer: No- there was no dedication of an easement to the Sherburne County Drainage Authority. A drainage easement is dedicated to the municipality in which the plat lies. The dedication language in the Weatherwood plat is..." have cause the same to be surveyed and platted as Weatherwood and de hereby donate and dedicate to the public for public use forever the Avenues, Streets and Circles and also dedicating to the public use forever the easements as shown on this plat for drainage and utility purposes and drainage purposes." In this case, the drainage easement was dedicated to the City of Elk River. See, Minnesota Statute 505.01, subd. 1. (See also Minnesota Statute 505.01, subd 3 which defines the drainage easement.) The County Drainage Authority has no legal interest in the drainage easement on this lot. I am not making an opinion on the manner of how the City deals with the existence of the easement and building locations. I defer to the City on that issue. It is my understanding based upon the conversations that I have had with Mike Lindenau in the past that the Sherburne County Drainage Authority (as established under Minnesota Statute Chapter 103E) has no drain tile nor open ditch on Lot 7, Block 4 of the Weatherwood plat as located in the City of Elk River Document Number 321180 and therefore no statutorily created legal interest. I do however defer to our County Engineer and County Ditch Inspector for their affirmation of the fact. Mike- please contact the City building person with this information. Kathy Heaney Kathy Heaney City of Elk *�� River Resolution 15- A Resolution of the City of Elk River to Vacate a Drainage and Utility Easement Case No. EV 15-07 WHEREAS, application has been made by the property owner to vacate the drainage and utility easements described in Exhibit A attached hereto; and, WHEREAS, vacation of the easement is appropriate as it offers no existing or potential value to the city; and WHEREAS, a public hearing was held on August 17, 2015, before the City Council of the City of Elk River on such request after published and posted notice had been given, and all persons interested were given an opportunity to be heard at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: 1. The petition to vacate the drainage and utility easements described in Exhibit A is hereby granted; and, 2. Vacation of the easements described in Exhibit A shall be effective at the time of recording of the document. Passed and adopted this 17"' day of August, 2015. ATTEST: Tina Allard, City Clerk Exhibit A John J. Dietz, Mayor P O w E R E U 9 1 AUR EASEMENT VACATION SITE PLAN for Chad Weatherly Lot 7, Block 4, WEATHERWOOD, Sherburne County, Minnesota 0 cw 1 f Y1 t, V) j 6 0 ww- r a •- o � t q• _ a G lj- i *%I j X41 "An `0 d e Co. �S C .7 OPV 144J YY� PROPOSED VACATION DESCRIPTION: No SCALE All that part of a 60.00 foot wide drainage easement, as shown and dedicated within Lot 7, Block 4, WEATHERWOOD, according to the recorded plat thereof, Sherburne County, Minnesota, lying 30.00 feet on each side of the following described centerline: Commencing at the southeast corner of said Lot 7; thence South 89 degrees 14 minutes 43 seconds West, plat bearing, along the south line of said Lot 7, a distance of 201.56 feet to the actual point of beginning of the centerline to be described; thence North 06 degrees 00 minutes 03 seconds East, along said centerline to intersect a line drawn parallel with and 5.00 feet southerly of the northwesterly line of said Lot 7 and said centerline there terminating. The sidelines are to be prolonged or shortened on the northerly side to terminate at said parallel line and prolonged or shortened on the south side to terminate at Line "A" described below: Commencing at the southwest corner of said Lot 7, thence North 89 degrees 14 minutes 43 seconds East, plat bearing, along the south line of said Lot 7, a distance of 120.00 feet; thence northerly deflecting left 90 degrees 00 minutes 00 seconds, a distance of 115.00 feet; thence northeasterly deflecting right 45 degrees 00 minutes 00 seconds, a distance of 80.00 feet to the actual point of beginning of Line "A" to the described; thence easterly deflecting right 45 degrees 00 minutes 00 seconds, a distance of 120.00 feet and said Line "A" there terminating. POWERED DY AUR