6.9. SR 10-18-1999
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Item 6.9.
Memorandum
TO:
MAYOR AND CITY COUNCIL
FROM: STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
S7Z
DATE: OCTOBER 18, 1999
SUBJECT: EASEMENT V ACTION BY
ASSOCIATED DEVELOPERS, INC.
(ELK RIVER CROSSING)/P.H.
EV 99-4
Request
The request in front of the Council is to vacate the drainage easement for that portion
ditch located on the property included in the plat of Elk River Crossing. The City of Elk
River actually submitted this application.
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Back~round
In 1995, the Minnesota Legislature passed special ditch legislation that allows Sherburne
County to turn over control of ditches or portions of ditches to the City of Elk River,
when it is mutually agreeable. When the city takes over a county ditch, it assumes a
drainage easement one rod (16.5 feet) either side of the centerline ofthat ditch, or 33 feet
in total width.
The portion of Sherburne County Ditch # 10 running between County State Aid Highway
# 12 and the Mississippi River was turned over to the city in the spring of 1999 to
accommodate the Eastern Area Improvements. The portion of this ditch shown on the
attached map will no longer be needed as ditch, once the storm water improvements
associated with Elk River Crossing are in place.
Recommendation
The developers for Elk River Crossing need to vacate the ditch easement prior to
recording their plat so that it is not an encumbrance on their lots. However, the storm
drainage improvements that will make the ditch obsolete will not be completed for some
time. Until these improvements are done the ditch system will need to continue to
function.
Staff recommends the city vacate that portion of ditch easement legally described on
the attached resolution with the stipulation that Associated Developers, Inc.
maintain this drainage until the storm water improvements for the plat of Elk River
Crossing are completed and accepted by the City of Elk River.
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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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RESOLUTION 99 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY
EASEMENT
Case No. EV 99-4
WHEREAS, special legislation adopted by the Minnesota Legislature under
Minn. Laws 1995, Chapter 175 allows Sherburne County to convey
to the City of Elk River all of its rights, title, and interest in all or any
portion of certain specified county ditches; and,
WHEREAS, on February 3, 1999 the Sherburne County Board approved a
transfer of a portion of Sherburne County Ditch #10 to the City of
Elk River; and,
WHEREAS, on April 26, 1999 the Elk River City Council accepted said portion of
Sherburne County Ditch #10 which includes drainage easement
rights one rod either side of the centerline of the ditch; and,
WHEREAS, Associated Developers, Inc. are proposing to alter the drainage
through a portion of area served by that part of the ditch accepted
by the City of Elk River with storm sewer as part of the
improvement for the plat of Elk River Crossing so that a portion of
the ditch in question no longer will serve a public function; and,
WHEREAS, the City of Elk River requested the City Council in a petition dated
September 2, 1999, to vacate such portion of easement that will no
longer serve a public function according to law; and,
WHEREAS, a public hearing was held on October 18, 1999, 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 September 9, 1999 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 with the condition that Associated Developers, Inc.
maintain the drainage through the area affected until the storm
drainage improvements described are functioning and accepted by
the City of Elk River.
s: \document\resoluti\ev98-4.doc
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NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and
the drainage easement described as follows is hereby vacated:
That portion of ditch easement located in the Southwest Quarter of
the Southwest Quarter of Section 35, Township 33, Range 26, and
the Northwest Quarter of the Northwest Quarter of Section 2,
Township 32, Range 26, all in Sherburne County, Minnesota.
Adopted by the Elk River City Council this 18th day of October, 1999.
Stephanie Klinzing, Mayor
ATTEST:
Sandra Peine, City Clerk
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