7.3A. SR 08-15-2016 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.3a
Agenda Section Meeting Date Prepared by
Public Hearing August 15, 2016 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Sherburne County— 13880 Business Center Drive Zack Carlton,Planning Manager
NW Easement Vacation—Elk Path Business Reviewed by
Center First, Second, and Fifth Additions Cal Portner, City Administrator
Action Requested
Adopt,by resolution, the Easement Vacation request with the condition that the resolution vacating the
existing easements will not be recorded until the Final Plat is released for recording.
Background/Discussion
Case No. EV 16-13
The subject area for the easement vacation involves four parcels of land and includes property in three
different plats and the property (not platted) where the existing Sherburne County Government Center
(SCGC) building stands. All of the property is owned by the county and they are applying for a
preliminary/final plat and a conditional use permit to construct an addition to the existing SCGC.
In order to establish proper easements across the four parcels once they have been platted, the applicant
is requesting an easement vacation for all easements on the four parcels and will establish new easements
through the platting process. City staff reviewed the proposed vacations, and has no issues with the
request.
Financial Impact
None
Attachments
■ Location Map
■ Resolution
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City of
Elk
River
Resolution 16-
A Resolution of the City of Elk River Approving a Petition to Vacate
Drainage and Utility Easements
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, all required easements necessary to perform maintenance on city assets will
be established with the filing of the Final Plat for Elk Path Business Center
Fifth Addition; and
WHEREAS, a public hearing was held on August 15, 2016,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 151h day of August 2016.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City NATUREJ
Exhibit A
The drainage and utility easements as shown over, under, and across Lot 2, Block 1,ELK
PATH BUSINESS CENTER FOURTH ADDITION, originally dedicated in the plat of
ELK PATH BUSINESS CENTER and in the plat of ELK PATH BUSINESS CENTER
SECOND ADDITION.
The drainage and utility easements as shown over, under, and across Lot 1, Block 1,ELK
PATH BUSINESS CENTER SECOND ADDITION , dedicated in said plat and originally
dedicated in the plat of ELK PATH BUSINESS CENTER.
The drainage and utility easements as shown over, under, and across Outlot F, ELK PATH
BUSINESS CENTER, and dedicated in said plat.
Also vacating the drainage and utility easement to the City of Elk River as described in
GRANT OF EASEMENT FOR UTILITY AND DRAINAGE PURPOSES dated May 8,
1995, filed May 31, 1995, as Document No. 309234.
And also vacating the drainage and utility easement to the City of Elk River as described in
GRANT OF EASEMENT FOR UTILITY AND DRAINAGE PURPOSES dated
November 5, 1994, filed January 10, 1995, as Document No. NATUREJ