5.5. SR 01-11-1999
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Item #5.5.
MEMORANDUM
TO:
Mayor & City Council
FROM:
Pat Klaers, City Administrator
DATE:
January 11, 1999
SUBJECT: Review Letter/Request from James and
Marjorie Anderson
On December 21, 1998, the City Council considered a motion to vacate 14 feet
of a 20 foot drainage and utility easement on the Anderson property. This
motion failed on a 2-3 vote.
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Recently, the mayor received a letter from Mr. and Mrs. Anderson requesting
that the City Council reconsider this easement vacation. Attached for your
review is the letter from Mr. and Mrs. Anderson and the background
material from when the City Council considered the easement vacation on
December 21, 1998.
The city attorney and city engineer will both be in attendance to help answer
questions from the City Council on this issue. Staff recommendation from
the December 21 meeting is unchanged.
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13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 . TDD & Phone: (612) 441-7420 . Fax: (612) 441-7425
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Stephanie Klinzing
Mayor of Elk River
13065 Orono Road
Elk River, Mn. 55330
Dear Mayor,
This letter is written to summarize our experience in the Council Chambers on 12/21/98.
I believe that item 6.4 on that Agenda was incorrectly labeled "Vacation of Easement".
Is it possible to vacate property which is neither legally owned nor occupied?
The developer granted the easement property alleging that ~ was the owner of fee
simple title to the easement tract on 9/27/95. In point of fact he was not the owner. We
became owners of that tract on August 7, 1995 (See Warrantee Deed of that date). As a
matter of fact, he trespassed on our property when he caused a 14 foot ditch to be dug in
that erroneous easement.
Subsequently a functional drainage was constructed by Big John Construction Co. This
work was supervised by City Authorities and was within the legally established six foot
easements existing on the adjoirning properties. The specifications for this work were
provided by the City Engineer on the basis of a survey conducted by the engineering firm
of Oliver and Associates.
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There is no cause for the concerns raised by an agitator-alarmist named Droegemueller.
This was a nearly mirror image of a tirade he delivered at an earlier date. To hear him,
one would be led to believe that there must be a huge hidden geyser in the lot which
could flood the area at any given moment. His remarks seem to denigrate the talents and
efforts of staff persons who have been diligent in their efforts to clear up this problem,
which has needed resolution for too long. Please note there are not even rain gutters on
the rear of the house which would channel any rainfall down the hill.
It should also be noted that none of the other existing drainage easements on neighboring
lots in Heritage # I have been utilized to alleviate any real or imagined flooding concerns.
Rather, the time worn ploys of planting bushes and trees, erecting fences and installing
sprinkling systems has been used to hinder any use of the easements for their intended
purpose.
We are again requesting the correction of the recorded easement to clear the cloud on
our title, and the removal of any reference to a 20 foot erroneous easement.
aIJ derson / :J.-:
Terry Maurer, City Engineer
Peter Beck, City Attorney
Scott Hedicker, City Planner
1/ Pat Klaers, City Administrator
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JA"ES D AHDE~SON
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Item # 6 . 4 .
MEMORANDUM
TO: Mayor and City Council
FROM: Scott Harlicker, Planning Assistantji1:
DATE: December 21, 1998
SUBJECT: Request by James Anderson for
Easement Vacation, Public Hearing
Case No. EV 98-9
Reauest
Consider a request by James Anderson to vacate 14 feet of a 20 foot drainage
and utility easement
Location.
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1336II79th Circle. Lot 3, Block 1, Heritage Landing 2nd Addition
Zoning/Land Use
RId (Single Family Residential) / MR (Medium Density Residential)
Attachments
· Location map
. Memo from City Engineer
Overview
The applicant is requesting the City vacate 14 feet of a 20 foot drainage and
utility easement that extends along the rear lot line of his property. The 20
foot easement was granted after the plat for Heritage Landing 2nd Addition
was approved. On that plat a 6 foot drainage and utility easement was
recorded along the rear lot line. The 20 foot easement was needed to address
drainage issues that occurred after the plat was recorded. Those drainage
issues have been corrected and the full 20 foot easement is no longer needed.
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13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
Memo to Mayor and City Council/EV 98-9
December 21,1998
Page 2
Recommendation
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It is recommended the City Council adopt Resolution No. 98-_ vacating
14 feet of a 20 foot drainage and utility easement along the rear lot line of
Lot 3, Block 1, Heritage Landing 2nd Addition.
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s: \planning\scott \ev98-9 .doc
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RESOLUTION 98-
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING A DRAINAGE AND UTILITY EASEMENT
Case No. EV 98-9
WHEREAS, the property owner abutting the street easement has requested the
City Council in a petition dated November 20, 1998, to vacate such
easement according to law; and,
WHEREAS, a public hearing was held on December 21, 1998, 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 December 10, 1998, 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 drainage, and utility easement described as follows is hereby
vacated:
The drainage and utility easement as shown on Lot 3, Block 1,
Heritage Landing Second Addition, Exhibit A
Adopted by the Elk River City Council this 21st day of December, 1998.
Henry Duitsman, Mayor
ATTEST:
Sandra Peine, City Clerk
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DENOTES EXISTING DRAINAGE
AND UTILI TV EASE MEN T
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DENOTES PROPOSED DRAINAGE
AND UTILITY EASEMENT
EASEME~ EXHIBIT A
HERITAGE LAND~G PARTNERSHIP
John Olivor & AssocIates, Inc.
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I hereby cerllfy Ihal lhls exhlbll and descripllon was
prepared by me or under my dlrecl supervision, Is
correcl 10 Ihe besl of my knowledge and belief, and
lhal I am a duly licensed Land Surveyor under lhe
laws of lha Slale of Mlnnesola.
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. _' John O. Oliver, Land Surveyor
Uinnesola Ucense No. 6194
Dale: Augusl 3, 1995
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PROPOSED ADDITIONAL DRAINAGE EASEMEll1'S THROUGH "HERITAGE LANDING SECOND ADDlTIOl'f":
Perinanenl drainage easements over, across, and under Lhe lwo following described prol'erlles, lo-wil:
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1) The Norlh 20 feel, as mt:asul'ad aL rlghl angles, of LoLs 1 and 2, Dlock I, of Ihe
duly recorded pial of HERITAGE LANDING SECOND ADDITION, Sherburne Counly, 1llnncsola.
2) The NorLheaslerly 20 feel, as measured al rlghl angles, of Lois 3 and 4, said Block I, HERITAGE LANDING SECOND ADDITION.
SCOB: /HLandd&u.l
8/1/95
File 66197.10-10
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Howard R. Green Company
CONSULTING ENGINEERS
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fO\SIL TIll; [\I;I\EE1tS
Formerly MSA
Consulting Engineers
December 9,1998
File: 230-177-11
Mr. Scott Harlicker
Assistant City Planner
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE: ANDERSON EASEMENT VACATION HERITAGE LANDING 2ND ADDITION
Dear Mr. Harlicker:
As requested, I have reviewed the Anderson easement vacation for Lot 3, Block 1, Heritage
Landing, 2nd Addition. It is my understanding that Mr. Anderson has requested a vacation of 14
feet of the 20 foot easement along the rear lot line of his property. This issue goes back~1997.
In the fall of 1997, the City worked through this issue with Mr. Anderson, several other
surrounding neighbors, and the developers for Heritage Landing 2nd Addition. The issue
revolved around a drainage easement needed for Heritage Landing 2nd Addition, and the timing
by which the 20 foot easement was granted. There was a question as to whether the easement
was granted before Mr. Anderson was the owner of the lot, or whether he was already in
ownership of the lot and the easement should not have been granted. The final conclusion to
the issue was the drainage ditch that was within the 20 foot easement was relocated to the 6
foot easement granted through the platting process on the rear lots of Heritage Landing 2nd
Addition, and Heritage Landing 1 st Addition in the vicinity of Mr. Anderson's lot. That
construction was completed in the fall of 1997 and restoration was accomplished in the spring of
1998. Therefore, I see no problem with vacating 14 feet of the easement, as long as a 6 foot
easement is maintained along the rear lot line, and the triangular easement is maintained at the
northeast corner of Mr. Anderson's lot. This triangular easement is needed for a watermain loop
between Heritage Landing 1 st Addition and Heritage Landing 2nd Addition.
If you have any questions or would like more information about this issue, please call.
Sincerely,
Howard R. Green Company
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Terry ~u~e~~
TJM:pd
O:\PROJ\000175\ 175-0804.dec
1326 Energy Park Drive. St. Paul, MN 55108 . 612/644-4389 fax 612/644-9446 toll free 888/368-4389
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LOCA TION
MAP
13055 Orono Parkway. P.O. Box 490
Elk River, MN 55330
CASE:
EV 98-9
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_U'_OU_____ DENOTES EXISTING DRAINAGE
AND UTILITY EASEMENT
- - - - DENOTES PROPOSED DRAINAGE
AND UTILITY EASEMENT
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EASEMENT EXHIBIT
FOR
HERITAGE LANDING P ARTNERSHIf
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