4.8. SR 03-06-2017 EGty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 4.8
Agenda Section Meeting Date Prepared by
Consent March 6, 2017 Zack Carlton,Planning Manager
Item Description Reviewed by
Quit Claim Deed for Right-of-Way Adjacent to Cal Portner, City Administrator
Proposed Development Reviewed by
Action Requested
Approve,by motion, the resolution approving a quit claim deed transferring right-of-way to Venture Pass
Partners.
Background/Discussion
On August 15, 2016, the City Council approved an easement vacation for a portion of road right-of-way
(ROW) adjacent to a proposed development along Zane Street and across from Home Depot and Wal-
Mart. Due to the available property and the alignment of Zane Street; an unusually wide ROW was
dedicated to the city when this area was first developed. The city does not need the additional width and
the area being vacated will be covered by a drainage and utility easement when the adjacent parcel is
platted. The vacation accommodates a parking lot for the new business. This will also establish
consistency in the ROW along Zane Street.
The property owner has asked the city to file a quit claim deed,in addition to the easement vacation
resolution, to ensure the developer's and city's intentions of conveying the property to the adjacent
property owner are clear. The land approved in the resolution on August 15, 2016,is the property
conveyed with the quit claim deed.
Financial Impact
None
Attachments
■ August 15, 2016, Easement Vacation Packet
■ Resolution
■ Quit Claim Deed
POWERED 6T
A IR
Request for Action
To
Item Number
Mayor and City Council
7.2
Agenda Section
Meeting Date
lAugust
Prepared by
Public Hearin
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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Case No: EV 16-14
Elk
River'
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.
ATTEST:
Tina Allard, City Clerk
John J. Dietz, Mayor
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,
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
DUFFY
ENGINEERING &
ASSOCIATES, INC
350 HIGHWAY 10 SOUTH
ST. CLOUD, MN. 56304
PHONE (320) 259-1234
FAX (320) 203-1234
• 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
PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT
I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF
THE STATE OF MINNESOTA
BARRY R. DORNMEN
DATE
LICENSE N0. 23044
PAGE
i
NW1/4 NWI/4
S 89'5128" E
IIr
AKA A W`LY LINE—
EXHIBIT A
LOT 5, BLOCK
SOUTH LINE OF
0
LK RIVER CROSSING
LOT 5, BLOCK 1
X.... .... . ..
ELK RIVER CROSSING
NE CORNER
m as
Eo
NORTH LINE
SEC 3, T32, R26
NW 1/4 NW 1/4
AKA NW CORNER—
o
SEC 2, T32, R26
SEC 2, T32, R26
PROPOSED
—4---ZANE STREET
22.41
CIM
CD
s 89'51'26" E— WESTERLY R.O.W
iV
—ZANE STREET
WEST LINE
I
200.05
60 ELK RIVER CROSSING
NW1/4 NWI/4
S 89'5128" E
IIr
AKA A W`LY LINE—
LOT 5, BLOCK
SOUTH LINE OF
0
LK RIVER CROSSING
LOT 5, BLOCK 1
ELK RIVER CROSSING
PROPOSED
—4---ZANE STREET
VACATION
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EAST LINE OF
0 50 100
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NWI/4 NW1/4
SCALE: 1" 100'
/R=275.00
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L=28.06
ZANE STREETNOTE:
ELK RIVER CROSSING WAS
SUBSEQUENTLY REPLATTED AS ELK
RIVER CROSSING 4TH ADDITION. THE
ROAD ZE STREET WAS CREATED
VACATION
60 THE PLATANOF ELK RIVER CROSSINGIN.
DUFFY
ENGINEERING &
ASSOCIATES, INC
350 HIGHWAY 10 SOUTH
ST. CLOUD, MN. 56304
PHONE (320) 259-1234
FAX (320) 203-1234
I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT WAS
PREPARED BY ME OR UNDER MY DIERECT SUPERVISION AND THAT
I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF
THE STATE OF MINNESOTA.
BARRY R. DORNMEN
DATE
LICENSE NO 23044
PAGE
11 �1im�lul
A
City of
Elk
River
Resolution 17-
A Resolution of the City of Elk River Authorizing the Conveyance of Right-
of-Way to ER Ventures LLC
WHEREAS, (ER Ventures) the fee owner of the property to be platted as ER Ventures
Addition ("Plat") abutting Zane Street; and
WHEREAS, ER Ventures requested vacation of that portion of the Zane Street right-of-
way legally described in Exhibit A, attached hereto,for development of the
Plat; 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 with the proposed development of the Plat 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; and
WHEREAS, the City Council approved the easement vacation by a 4-0 vote; and
WHEREAS, the petitioner has requested a quit claim deed to clear all title issues related to
the vacated right of way and any interest the City may have in the property
legally described in Exhibit A for development of the Plat;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River,Minnesota, as follows:
1. The City Council finds that conveyance of the vacated right-of-way has no relationship
to the comprehensive municipal plan. The requirements of Minn. Stat. §462.356 are
hereby dispensed with; and
2. The Mayor and City Clerk are hereby authorized to execute and deliver a quit claim
deed from the city to ER Ventures LLC for the vacated right-of-way upon
simultaneous recording of the ER Ventures Addition NATUREJ
Passed and adopted this 6I day of March 2017.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City NATUREI
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 0 degrees Ol 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
REV 2-16-2017
+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
DUFF 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. 66304 BARRY R DORRIDEN 1
PHONE (320) 259-1234
FAX (320) 203-1234 DATE 2-16-2016 LICENSE NO. 23044
P, 0WIH10 0T
NATUREJ
..:......:...:.:...::..:...:
EXHIBIT A
NE CORNER
�- `C NORTH LINE
SEC 3, T32, R26 / o -NW 1/4 NW 1/4
AKA NW CORNER- o SEC 2, T32, R26
SEC 2, T32, R26 N 22,41 R
CIM m S 89°51'26" E`_ � ��- WESTERLY R.O.W
_ -ZANE STREET
WEST LINE �* 200.05 60 ELK RIVER CROSSING
NW1/4 NW1/4 S 89°51'28" E w'
AKA A W'LY LINE
LOT 5, BLOCK 1I �- SOUTH LINE OF o
ELK RIVER CROSSING I LOT 5, BLOCK 1It
/ ELK RIVER CROSSING I
-_ PROPOSED
- -ZANE STREET
VACATION
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. ................... .
EAST LINE OF
0 50 100 WEST 165 FEET--�
NW1/4 NW1/4 'R=275.00
SCALE: 1" = 100'
6---05°50'50"
L=26.06
/1
1 j +NOTE: ELK RIVER CROSSING WAS
ZANE STREET 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
DUFF PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT
ENGINEERING 8C I AM A DULY LICENSED LAND SURVEYO UNDER THE LAWS OF
THE STA SOT
ASSOCIATES, INC PAGE
350 HIGHWAY 10 SOUTH
ST. CLOUD, MN. 58304HARRY R DO E
PHONE (320) 259-1234
FAX (320) 203-1234 DATE 2-16-2017 LICENSE NO. 23044
R' 0WIH' EO 0T
NATUREJ
(Top 3 inches reserved for recording data)
Page 1 of 2
QUIT CLAIM DEED Business Entity to Business Entity Minnesota Uniform Conveyancing Blanks Form 10.3.5 (2013)
eCRV number:
DEED TAX DUE: $ DATE:
(month/day/year)
FOR VALUABLE CONSIDERATION,
(insert name of Grantor)
a under the laws of (“Grantor”),
hereby conveys and quitclaims to
(insert name of Grantee)
a under the laws of (“Grantee”),
real property in County, Minnesota, legally described as follows:
Check here if all or part of the described real property is Registered (Torrens)
together with all hereditaments and appurtenances belonging thereto.
Check applicable box:
The Seller certifies that the Seller does not know of any wells on
the described real property. A well disclosure certificate accompanies this document or has
been electronically filed. (If electronically filed, insert WDC
number: .) I am familiar with the property described in this instrument and
I certify that the status and number of wells on the described
real property have not changed since the last previously filed
well disclosure certificate.
Grantor
(name of Grantor)
By:
(signature)
Its:
(type of authority)
By:
(signature)
Its:
(type of authority)
Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.3.5
State of Minnesota, County of
This instrument was acknowledged before me on , by
(month/day/year) (name of authorized signer)
as
(type of authority)
and by
(name of authorized signer)
as of .
(type of authority) (name of Grantor)
(Stamp)
(signature of notarial officer)
Title (and Rank):
My commission expires:
(month/day/year)
THIS INSTRUMENT WAS DRAFTED BY:
(insert name and address)
TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:
(insert legal name and residential or business address of Grantee)