5.7. SR 06-21-2004Item # 5.7.
MEMORANDUM
TO:
FROM:
Mayor and City Council
Michele McPherson,~irector of Planning
DATE:
June 21, 2004
SUBJECT:
Case No. EV 04-03
Request by Phoenix Enterprises for Vacation of Drainage and
Utility Easements
Request
The applicant requests that the City Council approve the vacation of drainage and utility
easements located in Hillside Crossing Second Addition. This request is related to the
preliminary and final plat of Menards Addition.
Attachments
· Location Map
June 14, 2004 Letter from the City Engineer
Resolution No. 04- , Approving the Easement Vacations
· Preliminary Plat of Menards Addition
Analysis
The City Council recently approved the preliminary and final plats of Menards Addition.
The Menards Addition plat combines Lot 1, Block 1 Hillside Crossing Second Addition with
Ouflot A of Hillside Estates 10~h Addition. These plats all included drainage and utility
easements along the perimeter of the lots and a public drainage and utility easement for a
portion of a water line serving a hydrant internal to the Menards site.
In order for the new storage facility to be constructed on the expanded Menards site, the
existing drainage and utility easements must be vacated, as the City does not allow structures
to be constructed within or over drainage and utility easements. Once the final plat of
Menards Addition has been fried, new drainage and utility easements will be dedicated to the
City as required.
Phoenix Enterprises EV 04-04
June 21, 2004
Page 2
The City Engineer has reviewed this request and has minor comments relating to the legal
descriptions of the easements to be vacated. These comments have been forwarded to the
applicant and corrections have been made to the exhibit as attached to the resolution for
approval.
Recommendation
Staff recommends that the City Council approve the attached resolution, vacating the
drainage and utility easements as requested.
S:\PLANNING\Case Files\2004\EV 04-03 Phoenix Enterprises\4-21 cc memo.doc
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Location Map
CU 04-04 EV 04-03
MENARDS
N
Howard R, Green Company
June 14, 2004
File: 823230J-0240
Ms. Michele McPherson
Director of Planning
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE:
PROPOSED DRAINAGE AND UTILITY EASEMENT VACATIONS
MENARDS ADDITION
Dear Ms. McPherson:
As requested, we have reviewed the request for drainage and utility easement and vacations in the
Lot 1, Block 1, Hillside Crossing 2nd Addition and Lot 1, Block 1, Northbound Crossings Addition.
These easement vacations are required for the combining of Outlot A from Hillside Estates 10th
Addition with Lot 1, Block 1, Hillside Crossing 2"d Addition to create the Menards Addition, which
will accommodate the expansion of the Menards facility. Basically, the three easements that are
being asked to be vacated are the perimeter drainage and utility easement along the east lot line of
Lot 1, Block 1, Hillside Crossing 2"~ Addition. A portion of the north lot line drainage and utility
easement of Lot 1, Block 1 Northbound Crossings Addition, and a portion of the drainage and utility
easement for the hydrant in the rear of the Menards facility. The hydrant easement is necessary
because it falls within the proposed building to be constructed by Menards. The hydrant will be
relocated into the remaining drainage and utility easement.
We would recommend that the three easements in question be vacated. We do, however,
question the description of the strip easements. The description essentially describes the
centedine of the easement. We believe that a more accurate way to describe them would be to
specify the outer boundaries of the easements in question.
In reviewing the Menards Addition previously approved by the City Council, we realize that a
drainage and utility easement necessary for a second hydrant required as a condition of the
Conditional Use Permit was omitted from the final plat. As you will recall, the existing hydrant was
to be relocated and an additional hydrant was to be placed at the rear of the existing building, so
that the fire department could choose to use either hydrant, depending on which structure was on
fire. The drainage and utility easement for the additional hydrant was inadvertently omitted from
the plat of the Menards Addition. This should be added pdor to the recording of the plat.
If you have any questions regarding this information, please call.
Sincerely,
Howard R. Green Company
TJM:sw
O:~)ROJ~823230J\0240%tr-060704-McPherson.doc
2550 University Avenue West · Suite400N ° St. Paul, MN 55114 · 651/644-4389 fax651/644-9446
toll free 888/368-4389
RESOLUTION 04 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING STREET, DRAINAGE AND UTILITY
EASEMENTS
Case No. EV 04-03
WHEREAS,
the property owner abutting the drainage and utility easements has requested
the City Council in a petition May 20, 2004 to vacate such easements
according to law; and,
WHEREAS,
a public hearing was held on June 21, 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
June 3, 2004 and all persons interested were given an oppommity 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 easements described as follows is hereby vacated:
Exhibit A
Adopted by the Elk River City Council this 21st day of June, 2004.
ATFEST:
Stephanie Klinzing, Mayor
Joan Schmidt, City Clerk
EXHIBIT A
TO RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS
That part of the 5.00 foot drainage and utility easement along the east line of Lot 1, Block 1,
as dedicated in Hillside Crossing Two, according to the plat on file and of record in the
office of the County Recorder, Sherburne County, Minnesota described as commencing at
the Northeast corner of said Lot 1; thence on an assumed bearing of South 02 degrees 03
minutes 08 seconds West along the east line of said Lot I a distance of 24.00 feet to the
point of beginning; thence contintting South 02 degrees 03 minutes 08 seconds West along
said east line 602.00 feet, thence North 88 degrees 07 minutes 36 seconds West 5.00 feet;
thence North 02 degrees 03 minutes 08 seconds East 602.00 feet; thence South 88 degrees
07 minutes 36 seconds East 5.00 feet to the point of beginning.
That part of the 20.00 foot drainage and utility easement across Lot 1, Block 1, as dedicated
in Hillside Crossing Two, according to the plat on file and of record in the office of the
County Recorder, Sherbume County, Minnesota described as follows:
Commencing at the northeast corner of said Lot 1; thence on an assumed bearing of North
88 degrees 07 minutes 36 seconds West along the north line of said Lot 1 a distance of 50.00
feet; thence South 02 degrees 03 minutes 08 seconds West 320.00 feet; thence South 87
degrees 56 minutes 52 seconds East 21.00 feet to the point of beginning; thence South 02
degrees 03 minutes 08 seconds West 10.00 feet; thence South 87 degrees 56 minutes 52
seconds East 29.00 feet to the east line of said Lot 1, thence North 02 degrees 03 seconds 08
minutes East along said east line 20.00 feet; thence North 87 degrees 56 minutes 52 seconds
West 29.00 feet; thence South 02 degrees 03 minutes 08 seconds West 10.00 feet to the point
of beginning.
S:~PLANNING\Case Files\2004\EV 04-03 Phoenix EnterprisesMResolution.doc
CITY OF ELK RIVER ,,; / /1.--7:' ,' :.;(?, PR£LIMINARY PLAT OF
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','-' . ~ /' "-'," ~ ' "~~.- ~ ...... ~ - :::[ : : r':: :T: -- ' --~T::
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CONCR£T~ BU/LDINO
FF£: 986.91
LOT
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DRAINAGE & UTILIT'~
EASEUENTS REQUIRED
TO BE VACATE[
NORTH
NOTE: SEARINGS SHOWN ARE ASSUMED
GRAPHIC SCALE
NOTE: EXISTING PARKING CONFIGURATION
TAKEN FROU UENARD lNG SITE PLAN
1 OWNER & DEVELOPER:
MENARD, INC
4777 MENARD DRIVE
EAU CLAIRE, Wt 5470.3
PHONE: (715) 876-5911
2 SURVEYING & ENGINEERING BY:
SEC 27, T.33 N. R.26 w
VICINITY MAP
METRO LAND SURVEYING & ENGINEERING
12510 FLETCHER LANE N. UNIT B
ROGERS, MN 55374
PHONE: (76.3) 428-5130
5 MINIMUM BUILDING SETBACKS:
RESIDENTIAL STREETS: 50 FEET
4. TOTAL PLAT AREA:
15.2 ACRES±
S. BENCHMARK:
TOP NUT OF HYDRANT LOCATED NEAR THE
SOUTHEASTERLY CORNER OF LOT 8, BLOCK 2. HILLSIDE
ESTATES NINTH ADDITION
ELEV: 962.80 FEET (NOVD 1929)
4. VERTICAL DATUM:
N.O.V.D. 1929
5. CONTOUR DATA OBTAINED BY:
AERIAL PHOTOGRAPHY BY MARKHURD
6. DATE OF PREPARATION:
02/2,3/04
LEGEND
· DENOTES IRON MONUMENT FOUND
o DENOTES IRON MONUMENT SET
~ DENOTES FENCE
..-- ........ DENOTES EXISTING CONTOUR
........ DENOTES SETBACK LINE
DENOTES LIGHT POLE
DENOTES GUARD POST
_~,.~ DENOTES EXISTING STORM SEWER
~ DENOTES EXISTING WATERMA~N
DENOTES EXISTING STORM CATCH BASIN
DENOTES EXISTING HYDRANT
DENOTES TELEPHONE BOX
O DENOTES TREE
® DENOTES WOOD POST
Proposed 10' Drainage & Utility Easements to be dedicated adjacent to the
new boundary tines,
tro~)osev~ troT~eT'~ Descr~.7~t~07~ (15.2 Acres~ 1:
Lot 1, Block 1, HILLSIDE CROSSING TWO, occordmng to sold plat on fi+e and of
record in the office of the County Recorder, Sherburne County, Minnesoto.
AND
Outlot A, HILLSIDE ESTATES 10TH ADDITION, occordm9 to smd plot on file
ond of record in the ofhce of the CountyRecorder, Sherburne County,
Minnesoto.
AND
Thor port of Lot 1, Block 1, NORTHBOUND CROSSINGS, occord,ng to sold plat
on file ond of record in the office of the County Recorder, Sherbume
County, Minnesoto, lying eostedy, northerly, northeasterly ond northerly of o
line described ns follows
Commencing ot the northwest corner of sold Lot 1, thence South 8B
degrees 07 minutes 36 seconds East on on ossumed bearing oiong
the north i~ne Of sold Lot 1, a distonce of 320.00 feet to the pint
of beginnmg of the line to be described; thence South 02 degrees 03
minutes 08 seconds West 30.00 feet; thence South 88 degrees 07
minutes 56 seconds East 136.00 feet; thence South 45 degrees 07
minutes 35 seconds East 15.18 feet; thence South 88 degrees 07
mmnutes }6 seconds East 312.24 feet to the easterly fine of sold Lot
1 ond said Irene there terminating
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