7.2. SR 08-15-2016 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.2
Agenda Section Meeting Date Prepared by
Public Hearin lAugust 15, 2016 BrieAnna Simon, Planner
Item Description Reviewed by
Venture Pass Partners, LLC—Zane Street Zack Carlton,Planning Manager
Commons Easement Vacation—ER Venture Reviewed by
Addition Cal Portner, City Administrator
Action Requested
Adopt,by resolution, the request to vacate excess right-of-way along Zane Street. The Easement
Vacation will not be recorded until the Final Plat of ER Venture Addition is updated, and includes the
required drainage and utility easement over the former right-of-way.
Background/Discussion
Case No. EV 16-14
Venture Pass Partners, LLC is requesting an Easement Vacation to vacate excess right-of-way on Zane
Street for the proposed plat of ER Venture Addition. The subject area for the easement vacation
involves two parcels of land and all of the existing right-of-way is currently owned by the city. Venture
Pass Partners,LLC recently applied for a preliminary/final plat,which was approved by the City Council
on July 18, 2016, and included a condition requiring the land to be vacated prior to recording the plat.
When the area was initially platted, the triangular parcel was not included,which left a unique remnant of
property due to the alignment of Zane Street. The proposed right-of-way vacation will accommodate the
identified parking encroachment by allowing the proposed parking to comply with city code. This will
also establish consistency in the right-of-way along Zane Street.
Utilities
A drainage and utility easement must be established between the new right-of-way line and the existing
right-of-way line. City of Elk River utility lines in this area were constructed down the centerline of Zane
Street and due to the depth of the utilities; additional width is required to ensure access for future
maintenance activities. Additionally, CenterPoint Energy has an existing distribution gas line located
within the proposed right-of-way vacation. To preserve all existing utilities the entire right-of-way
vacation area will need to be a dedicated drainage and utility easement.
Financial Impact
None
Attachments
■ Location Map
■ Resolution
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Venture Pass Partners
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Ea sel-r lit -\Tqcqtioii Case No: EV 16- 14 diver
City of
Elk
River
Resolution 16-
A Resolution of the City of Elk River Approving a Petition to Vacate a
Portion of the Zane Street Right-of-Way
WHEREAS, an application has been made by the adjacent property owner to vacate that
portion of the Zane Street right-of-way described in Exhibit A, attached
hereto; and
WHEREAS, vacation of the right-of-way described is appropriate to establish consistency
in the right-of-way along Zane Street and to accommodate the proposed
parking to comply with city code; and
WHEREAS, a public hearing was held on August 15, 2016,before the City Council of the
City of Elk River on the petition 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 roadway easements described in Exhibit A is hereby
granted; and
2. Vacation of that portion of the Zane Street right-of-way described in Exhibit A shall
be effective at the time of recording of the document.
Passed and adopted this 151h day of August 2016.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City NATUREJ
Exhibit A
EXHIBIT A
VACATION OF PART OF
ZANE STREET
That part of Zane Street,as dedicated in the plat of Elk River Crossing,a duly recorded plat
thereof,on file and of record in the Office of the County Recorder,Sherburne County, N
Minnesota,described as follows:
Commencing at the Northwest Corner of Section 2,Township 32 North,Range 26 West,said
point being an angle point on the south line of Lot 5,Block 1,of Elk River Crossing,Thence
South 1 degrees 24 minutes 39 seconds West on an assumed bearing along the West line of
the Northwest Quarter of the Northwest Quarter,also being a westerly line of said Lot 5,a
distance of 100.02 feet,to an angle point on the south line of said Lot 5;thence South 89
degrees 51 minutes 26 seconds East,along a south line of said Lot 5,a distance of 200.05
feet,to the westerly right of way line of Zane Street as platted in Elk River Crossing,and the
point of beginning of the area to be vacated;thence continuing South 89 degrees 51 minutes
26 seconds East,along the easterly extension of the southerly line of said Lot 5,a distance of
22.41 feet;thence South 1 degrees 01 minutes 47 seconds West,a distance of 268.49 feet;
thence 105.97 feet southerly,along a tangential curve,concave to the west,having a central
angle of 7 degrees 13 minutes 42 seconds and a radius of 840.00 feet;thence South 7 degrees
15 minutes 29 seconds West,tangent to said curve,for a distance of 228.91 feet;thence 28.06
feet southerly,along a tangential curve,concave to the east,having a central angle of 5
degrees 50 minutes 50 seconds and a radius of 275.00 feet,more or less,to the westerly right
of way line of said Zane Street;thence North 1 degrees 24 minutes 39 seconds East,along
said westerly right of way line of Zane Street,a distance of 629.47 feet,to the point of
beginning
Area
+/-12,828 sq.ft.
+/-0.29 ac.
Created 7-28-2016
•NOTE: ELK RIVER CROSSING WAS
SUBSEQUENTLY REPLATTED AS ELK
RIVER CROSSING 4TH ADDITION. THE
ROAD ZANE STREET WAS CREATED IN
THE PLAT OF ELK RIVER CROSSING.
I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT WAS
DUFFY PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT
ENGINEERING & I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF
THE STATE OF MINNESOTA PAGE
ASSOCIATES, INC
350 HIGHWAY 10 SOUTH
ST. CLOUD, MN. 56304 BARRY R. DORNMEN 1
PHONE (320) 259-1234
FAX (320) 203-1234 23044
DATE LICENSE NO.
P, 0W11110 0T
NATUREJ
EXHIBIT A
X ...........
... .......
NORTH LINE
NE CORNER
SEC 3, T32, R26 Eo NW 1/4 NW 1/4
AKA NW CORNER—
SEC 2, T32, R26
SEC 2, T32, R26
22.41
CIM CD s 89'51'26" E— WESTERLY R.O.W
—ZANE STREET
WEST LINE 200.05 60 ELK RIVER CROSSING
NW1/4 NWI/4 S 89*51,26. E
AKA A W`LY LINE—
LOT 5, BLOCK SOUTH LINE OF 0
ELK RIVER CROSSING LOT 5, BLOCK 1
ELK RIVER CROSSING
PROPOSED
—4---ZANE STREET
VACATION
M
. ... .......
M co
:pl co
17 60
z
ca
ca
60
co
———————————
R.
N_j R=840.00
ro A--07*13'42"
c%
..........
L--105.97
EAST LINE OF
0 50 100 WEST 165 FEET—�
SCALE: 1" 100' NWI/4 NW1/4 /R=275.00
A--05*50'50"
L=28.06
ZANE STREETNOTE: ELK RIVER CROSSING WAS
SUBSEQUENTLY REPLATTED AS ELK
RIVER CROSSING 4TH ADDITION. THE
VACATION ROAD ZANE STREET WAS CREATED IN
60 THE PLAT OF ELK RIVER CROSSING.
I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT WAS
DUFFY PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT
I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF
ENGINEERING & THE STATE OF MINNESOTA.
ASSOCIATES, INC PAGE
350 HIGHWAY 10 SOUTH
ST. CLOUD, MN. 56304 BARRY R. DORNMEN 2
PHONE (320) 259-1234
FAX (320) 203-1234 DATE LICENSE N0. 23044
P, 0 W I R 1 0 0T
NATUREJ
Preliminary and Final PlatER Ventures AdditionP 16-07
BackgroundRequesting Retail Storelot sizes of one (1) acreZoned Highway Commercial (CLot SizesPreliminary Plat and Resolution of Final PlatOutlot A Lot 2 Lot 1 ––2.75 Acres2.77
Acresapproval of –4.63 (no park dedication)ER Ventures Addition-3), requires minimum
Action Requestedconditions outlined in the memo. of the Final Plat for Approve, by motion, the Preliminary Plat and the Resolution ER Ventures Addition with the