5.3. SR 10-18-2004
Item 5.3.
City of
Elk ~
River- ,
MEMORANDUM
TO:
Mayor and City Council
DATE:
Stephen Rohlf, Building and Environmental Administrator
5IL
October 18. 2004
FROM:
SUBJECT:
Easement Vacation by Richard Schulz EA 04-05/PH
Request
Richard Schulz is requesting to vacation a portion of the drainage and utility easement
located in the side yard between Lots 2 and 3, Block 1, Elk River Plaza Third Addition.
Attachments
~ Vicinity map showing the location of Lots 2 and 3, Block 1, Elk River Plaza Third
Addition.
~ An 8 Yz by 11 inch drawing showing the portion of the easement proposed to be
vacated and a new replacement easement.
~ A resolution ordering the vacation.
Background
The air conditioning unit for R & D Sales, which is owned by Rich Schulz, was inadvertently
placed in a drainage and utility easement. Staff had Mr. Schulz contact Gopher One to have
the utilities in the easement located. Apparently, Elk River Municipal Utility (ERMU) is the
only utility utilizing the portion of the easement where the air conditioning unit is located.
City and ERMU staff met with Mr. Schulz and his contractor regarding relocating this unit.
However, other than the front yard there is virtually no other location that accommodates
this rather large piece of mechanical equipment. Additionally, the unit can't be placed on the
roof of the R & D Sales building without significant structural alteration.
Staff feels that a logical compromise is to grant a new easement, relocate utilities and then
vacate that portion of the existing easement occupied by the air conditioner. The adjacent
property is Dolphin Carwash. The owner of this business is agreeable to dedicating the new
easement.
Recommendation
Staff recommends that portion of the drainage and utility easement described on "Exhibit
A" of the attached resolution is vacated contingent on:
~ Mr. Schulz providing the city the appropriate documentation (with signatures) to
record a new easement as described in the exhibit prepared by John Oliver and
Associates.
~ Mr. Schulz being responsible for all costs associated with the relocation of all
utilities, due to moving the easement.
~ The new easement being dedicated and all utilities being relocated prior to the
vacation being legitimized and recorded.
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Easement Exhibit for:
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Book/Page:_
Date: 09/23/2004
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That part of the drainage and utility easement over that part of the East 5.00 feet ofLat 2, Block 1, ELK RIVER PLAZA THIRD
ADDmON, according to the recorded plat thereof, Sherburne County, Minnesota which lies North of the South 15.00 feet of said Lot 2
and Southerly of the following described Line A:
Commencing at the Southeast comer of said Lot 2; thence North 0 degrees 00 minutes 00 seconds East along the East line of said Lot
2, a distance of 36.00 feet to the Point of Beginning of said Line A; thence North 45 degrees 00 minutes 00 seconds West, a distance
of7.07 feet to the West line of said East 5.00 feet of Lot 2 and said Line A there terminating.
PROPOSED DRAINAGE AND UTILITY EASEMENT:
A drainage and utility easement for drainage and utility purposes over under and across that part of the East 5.00 feet of the West 10.00
feet of Lot 3, Block 1, ELK RIVER PLAZA THIRD ADDmON, Sherburne County, Minnesota which lies North of the South 15.00 feet
of said Lot 3 and Southerly of the following described Line B:
Commencing at the Southwest comer of said Lot 3; thence North 90 degrees 00 minutes 00 seconds East along the South line of said
Lot 3, a distance of 10.00 feet to the East line of said East 5.00 feet of the West 10.00 feet; thence North 0 degrees 00 minutes 00
seconds East along said East line, a distance of 40.14 feet to the Point of Beginning of said Line B; thence North 45 degrees 00
minutes 00 seconds West, a distance of7.07 feet to the West line of said East 5.00 feet of the West 10.00 feet and said Line B there
tenninating.
Y/////////////1 D~notes Existing Easement to be Vacated
~ Denotes Easement to be Added
I.. . -I Denotes Existing Concrete Surface
John Oliver & Associates, Inc.
CME 1nPw~. LGnd ~, Luod p~
580 Dortg. A'Uft1.w
Elk Ri\l_, Minn..otu
763-441-2072 (FAX)763-441-5665
Of1ioe. in: Elk Ri\ler, BurnnoiU.
a.nd Brooktyn Cent"" J(innefl)t~
RESOLUTION 04 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING STREET, DRAINAGE AND UTILITY
EASEMENTS
Case No. EV 04-05
WHEREAS, the property owner abutting the street, drainage, and utility easements has
requested the City Council in a petition September 16, 2004 to vacate such
easements according to law; and,
WHEREAS, a public hearing was held on October 18, 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 October 7, 2004 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 street, drainage, and utility easements described as follows is hereby
vacated:
Exhibit A
Adopted by the Elk River City Council this 18 day of October, 2004.
Stephanie Klinzing, Mayor
A TIEST:
Joan Schmidt, City Clerk
EXHIBIT A
TO RESOLUTION FOR VACATING STREET, DRAINAGE AND UTILITY
EASEMENTS
That patt of the drainage and utility easement over that patt of the East 5.00 feet of Lot2,
Block 1, ELK RIVER PLAZA THIRD ADDITION, according to the recorded plat
theteof, Sherburne County, Minnesota which lies North of the South 15.00 feet of said Lot 2
and Southerly of the following described Line A:
Commencing at the Southeast corner of said Lot 2; thence North 0 degrees 00
minutes 00 seconds East along East line of said Lot 2, a distance of 36.00 feet to the
Point of Beginning of said Line A; thence North 45 degrees 00 minutes 00 seconds
West, a distance of 7.07 feet to the West line of said East 5.00 feet of Lot 2 and said
Line A there termina ring.
WClnd ouJ 51 3,
\0 I \ rloL)
RESOLUTION 04-
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF ELK RIVER, MINNESOTA
HELD: August 2, 2004
Pursuant to due call and notice thereof, a regular or special meeting of the ~ity Council
ofthe City of Elk River, Minnesota, was duly called and held at the City Hall in t* City of Elk
River, Minnesota on August 2,2004, at 6:30 p.m. .
The following members were present:
and the following were absent:
Member
introduced the following resolution and moved its adoptio
RESOLUTION CONCURRING IN THE ACTION OF THE BO OF
COMMISSIONERS OF THE PUBLIC UTILITIES COMMISSION OF T E CITY OF
ELK RIVER, MINNESOTA, IN PROVIDING FOR THE ISSUANCE AN
$940,000 ELECTRIC REVENUE BONDS, SERIES 2004A
WHEREAS:
A. the Public Utilities Commission of the City of Elk River, Minnesot (the
"Commission") has determined to undertake capital improvements to the municip I electric light
and power plant and distribution system of the City (the "Electric System") consis ing of
improvements and extensions to the Electric System (the "Project"); and will fin ce the Project
by the issuance of the City's $940,000 Electric Revenue Bonds, Series 2004A (the "Series 2004A
Bonds"); and I
B. the Commission has presented to the City Council a copy of a reso ution (the
"Bond Resolution") entitled "Resolution Providing for the Issuance and Sale of $ 40,000
Electric Revenue Bonds, Series 2004A and Pledging Net Revenues for the Securi Thereof," to
be considered for adoption by the Commission after the date hereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Elk River,
Minnesota as follows:
(1)
The authority to accept the most favorable proposal for the~urChase of the
2004A Bonds, the interest rates and the amount of the purc aser's
discount is hereby delegated to the commission; provided t e true interest
cost on the 2004A Bonds shall not exceed 5.25%. !
I
The City Council hereby concurs in the Bond Resolution o~the
Commission providing for the issuance and sale of the Seri~s 2004A
Bonds, hereby joins in and adopts the Bond Resolution and I makes the
(2)
detenninations and findings set forth in the Bond Resolutio with the
same force and effect as if the Bond Resolution had been a opted by the
City Council.
The motion for the adoption of the foregoing resolution was seconded by ember
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Whereupon the resolution was declared duly passed and adopted.
04-59
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the duly qualified and acting Clerk of the City ofiElk River,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregQing extract of
minutes with the original thereof on file in my office, and that the same is a full, troe and
complete transcript of the minutes of a meeting of the City Council, duly called and held on the
date therein indicated, insofar as such minutes relate to providing for the issuance and sale of
$940,000 Electric Revenue Bonds, Series 2004A.
WITNESS my hand on August 2, 2004.
Clerk