6.5. SR 06-19-2000'ity of
iver
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Item # 6.5.
Mayor & City Council
Michele McPherso ,(~Director of Planning
June '14, 2000
Case Number: EV 00-4
Request by the City of Elk River to Vacate a
Portion of Branch A, Ditch # '10
Request
Staff requests that the City Council vacate the drainage easement for that portion of
Branch A, Ditch # 10 located on the Elk River Business Park property. The northerly
portion of this ditch was vacated by the Council in October of 1999.
Location
SW ¼ of the NW ¼ of Section 2, Township 32, Range 26
Zoninq/Land Use
BP (Business Park)ILl (Light Industrial)
Attachments
Location Map
Resolution No 00-
Overview
In 1999, the Minnesota Legislature adopted special legislation that allows Sherburne
County to turn over control of ditches or portions of ditches to the City when it is
mutually agreeable. When control by the City is assumed, a drainage easement of 33
feet wide is "assigned" to the ditch.
The portion of Sherburne County Ditch # 10 from County State Aid Highway 12 and the
Mississippi River was turned over to the City in early 1999 to facilitate the Eastern Area
Improvements. The storm water improvements associated with the construction of
Tyler Street have been completed and this portion of the ditch is no longer needed.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memotothe Mayorand City Council/EV 00-4
June 14, 2000
Page 2
Recommendation
Staff recommends that the City Council approve the request, EV 00-4 to vacate the
drainage easement for Branch A, Ditch # 10 located in the SW ¼ of the NW ¼ of
Section 2.
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CITY PARK
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City of
LOCATION
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I13065 Orono Parkway . P.O. Box490 CASE: EV 00-4
Elk River, MN 55330
N
RESOLUTION 0o-
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY
EASEMENT
Case No. EV 00-4
WHEREAS,
special legislation adopted by the Minnesota Legislature under
Minn. Laws 1995, Chapter 175 allows Sherburne County to convey
to the City of Elk River all of its rights, title, and interest in all or any
portion of certain specified county ditches; and,
WHEREAS,
on February 3, 1999 the Sherburne County Board approved a
transfer of a portion of Sherburne County Ditch #10 to the City of
Elk River; and,
WHEREAS, on April 26, 1999 the Elk River City Council accepted said portion of
Sherburne County Ditch #10 which includes drainage easement
rights one rod either side of the centerline of the ditch; and,
WHEREAS,
Associated Developers, Inc. are proposing to alter the drainage
through a portion of area served by that part of the ditch accepted
by the City of Elk River with storm sewer as part of the
improvement for the plat of Elk River Crossing so that a portion of
the ditch in question no longer will serve a public function; and,
WHEREAS,
the City of Elk River requested the City Council in a petition dated
May 12, to vacate such portion of easement that will no longer
serve a public function according to law; and,
WHEREAS,
a public hearing was held on June 19, 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 June 2, 200, 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 with the condition that Associated Developers, Inc.
maintain the drainage through the area affected until the storm
drainage improvements described are functioning and accepted by
the City of Elk River.
s:\document\resoluti\evOO-4.doc
NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and
the drainage easement described as follows is hereby vacated:
That portion of ditch easement located in the Southwest Quarter of
the Northwest Quarter of Section 2, Township 32, Range 26, all in
Sherburne County, Minnesota.
Adopted by the Elk River City Council this 19th day of June, 2000.
ATTEST:
Stephanie Klinzing, Mayor
Sandra Peine, City Clerk
S:\DOCUMENT~RESOLUTI\ev00-4,doc