7.1. SR 10-05-2015City of
Elk —
River
Request for Action
To
Item Number
Mayor and City Council
7.1
Agenda Section
Meeting Date
Prepared by
Public Hearinj
October 5, 2015
Chris Leeseber , Senior Planner
Item Description
Reviewed by
Easement Vacation for Roadway, Sportech
Zack Carlton, Planning Manager
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, a resolution to vacate a drainage and utility easement.
Overview
The former shared property line between Lots 1 and 2, Block 2, Natures Edge Business Center Second
Addition, included 30 -foot roadway easements on each side of the property line, 60 feet total width.
The easement needs to be vacated as it is located underneath the structure that is currently under
construction. The roadway easement was put in place to provide access to the property south of the
Natures Edge Business Park property.
Access to the south property will now be provided by an ingress/egress easement through the new
Sportech parking lot. The property owner will need to draft a Declaration of Easement to be recorded at
the county.
At the July 20, 2015, meeting, the Council vacated a drainage and utility easement that existed in the same
location as the roadway easement being reviewed. It was not clear at the time that two easements existed
on top of one another in the same location.
Staff has no concerns with the easement vacation as it no longer serves a public purpose.
Financial Impact
None
Attachments
Location Map
Resolution
P a w E A E U s r
NaA f RE]
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City of
Elk
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River
Resolution 15-
A Resolution of the City of Elk River to Vacate a Drainage and Utility
Easement
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 the adjacent properties are being
combined and the rights provided by the easement are no longer necessary;
and
WHEREAS, a public hearing was held on October 5, 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 5"' day of October, 2015.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
POWERED 91
AUR
Exhibit A
Easement Vacation Exhibit
ROADWAY EASEMENT OFSCRIP71ON L07 1 BLOCK 2 TO BE VACATED
That perm—M 30.00 fool wide easement for roadway purposes over, under and -- the East 30.00 feet of Lot 1,
Block 2, NATURES EDGE LIU51NL55 CENTER SECOND ADC, TION, Sherburne County, Minnesota.
A— of Roodwoy Ecsameni to ba Vaccted 17,887 aq. ft. = 0.41 acres
ROADWAY EASEMENT DESCHIPAUN LOT 1. 13LOCK 2 TO 13L VACATED
That permanent 30.00 foot wide easement for roadway purposes over, under and across the West MCC feet V Lat 2,
Block 2, NATURES EDGE BUSINESS CENTER SECOND ADDITION, Sherburne County, M'mnesota.
Area of Roadway Easement to be Vacated 17,829 sq. fl. = 0.41
Denotes 1t
Easement to
6e Vacated scale
1 hereby cerfify fhof this surrey, pion or report wos prepared by me 'M Roodwoy I
or under my dr'rect supervision and that 1 om a duly Prafessiano! I Hakanson E Bement ✓ otiva Exhibit 1
licensed Land Surveyor under the Paws of the 5tote of Minnesotarar
Anderson LOT 7 and LOT 2. CLOCK 2 ar
� .. 05/27/15 c,�n Ennmea� aid rated s,,,.pvore NATURES EDGE' BUSOMO CENTER SECOND '
awl m�r.,mr a,axNm4 0
ADOt77ON
Charles R. Christapherso n, MN License No, 18420 Date M0 7 MI6 05/27/15 FLE h0. 2165.02 SHEETS
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