6.6. SR 12-20-1999
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Item # 6 . 6 .
River
TO:
MEMORANDUM
FROM:
Mayor & City Council
Michele MCPherso~rector of Planning
DATE:
December 14,1999
SUBJECT:
Case Number: EV 99-5
Request by the City of Elk River for
Easement Vacation, Public Hearing
Request
The City of Elk River requests that temporary construction easements relating to the
installation of public improvements in Elk River Crossing be vacated.
Attachments
.
. Location Map
. Easement Exhibit Map
. Resolution 99-_
Analvsis
As part of the Tyler Street construction, water and sanitary sewer mains were installed
within Elk River Crossing. In order to complete the utility installation before the plat was
recorded, the City requested and was granted drainage and utility easements as shown
on the Easement Exhibit Map. These easements were substantially wider than the
actual pipes themselves. These easements were then recorded against the property at
Sherburne County.
The final plat of Elk River Crossing was approved by the City Council on May 17,1999.
Right of way and drainage and utility easements of an appropriate size to provide
maintenance access to the City were dedicated on the final plat. As the construction of
utilities within Elk River Crossing was successfully completed, it is appropriate to vacate
the easements to allow the final plat to be recorded.
Recommendation
.
Staff recommends that the City Council hold the public hearing for the easement
vacation, and barring negative testimony; approve the vacation of the construction
easements in Elk River Crossing.
13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
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CASE: EV"r 99-5
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RESOLUTION 99 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY
EASEMENTS
Case No. EV 99-5
WHEREAS, the property owner over which the drainage easements lie has
requested the City Council in a petition dated November 24, 1999,
to vacate such easement according to law; and,
WHEREAS, a public hearing was held on December 20, 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 December 1, 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.
. NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and
the drainage easement described as follows is hereby vacated:
Refer to attached Exhibit A
Adopted by the Elk River City Council this 20th day of December, 1999.
Stephanie Klinzing, Mayor
ATTEST:
Sandra Peine, City Clerk
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S: \DOCUMENT\RESOLUTI\EV99-5.DOC
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EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT:
Perpetual and temporary easements for public street, utility, drainage and construction
purposes over, under, and across that part of the following described properties:
The Northwest Quarter of the Northwest Quarter of Section 2, Township 32, Range 26,
Sherburne County, Minnesota, EXCEPT that part thereof which lies Westerly of a line run
parallel with and distant 200 feet Easterly of the West line of said Section 2.
And also:
That part of the Southwest Quarter of the Southwest Quarter of Section 35, Township 33,
Range 26, Sherburne County, Minnesota, lying south of County State Aid Highway No. 12, East
of the West 200 feet thereof.
And also:
The West 200 feet of the Southwest Quarter of Section 35, Township 33, Range 26, Sherburne
County, Minnesota, lying South of road.
And also:
That part of the Southeast Quarter of the Southeast Quarter of Section 34, Township 33, Range
26, Sherburne County, Minnesota, lying East of Highway 169.
Which lies within the following perpetual easements for street, utility and drainage purposes.
A strip of land 36.576 meters (120.00 feet) in width over that part of the Northwest Quarter of
the Northwest Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota,
EXCEPT that part thereof which lies westerly of a line run parallel with and distant 200 feet
easterly of the west line of said Section 2.
And also over:
That part of the Southwest Quarter of the Southwest Quarter of Section 35, Township 33,
Range 26, Sherburne County, Minnesota, lying south of County State Aid Highway No. 12.
the centerline of said 36.576 meter (120.00 feet) strip of land is described as follows:
Commencing at the Northeast corner of the Northeast Quarter of the Southwest Quarter of
Section 2, Township 32, Range 26, Sherburne County, Minnesota; thence North 89 degrees 38
minutes 23 seconds West, an assumed bearing along the North line of said Northeast Quarter
of the Southwest Quarter, a distance of 387.067 meters (1269.90 feet) to the actual point of
beginning of said centerline to be hereinafter described; thence Northwesterly and Northerly, a
distance of 111.136 meters (364.62 feet), along a non-tangential curve having a radius of
250.00 meters (820.21 feet), a central angle of 25 degrees 28 minutes 14 seconds and a chord
bearing of North 14 degrees 36 minutes 04 seconds West; thence North 01 degree 51 minutes
56 seconds West, tangent to said last described curve, a distance of 363.256 meters (1191.78
feet) to a point to be hereinafter referred to as "Point A"; thence continuing North 01 degree 51
minutes 56 seconds West, a distance of 258.650 meters (848.59 feet); thence Northerly and
S:\ESMT.DOC
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Easement Parcel No. 27
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Northeasterly, a distance of 110.832 meters (363.62 feet), along a tangential curve concave to
the Southeast having a radius of 182.880 meters (600.00 feet) and a central angle of 34
degrees 43 minutes 25 seconds; thence North 32 degrees 51 minutes 28 seconds East, tangent
to said last described curve, a distance of 56.000 meters (183.73 feet) and there terminating.
Said strip of land is to extend by its full width from the South line of said Northwest Quarter of
the Northwest Quarter of Section 2 to the Southwesterly right-of-way line of said County State
Aid Highway No. 12.
Also which lies within the following perpetual easement for utility and drainage purposes.
A strip of land 15.000 meters (49.21 feet) in width over said Northwest Quarter of the Northwest
Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota, EXCEPT that part
thereof which lies Westerly of a line run parallel with and distant 200 feet Easterly of the West
line of said Section 2.
And also over:
That part of said Southwest Quarter of the Southwest Quarter of Section 35, Township 33,
Range 26, Sherburne County, Minnesota, lying South of County State Aid Highway No. 12.
And also over:
That part of the Southeast Quarter of the Southeast Quarter of Section 34, Township 33, Range
26, Sherburne County, Minnesota, lying East of Highway No. 169.
the centerline of said 15.000 meters (49.21 feet) strip of land is described as follows:
Beginning at the said above-referenced "Point A"; thence South 89 degrees 09 minutes 13
seconds West, a distance of 113.112 meters (371.10 feet); thence North 88 degrees 13 minutes
21 seconds West, a distance of 117.382 meters (385.11 feet); thence North 44 degrees 53
minutes 29 seconds West, a distance of 79.013 meters (259.23 feet); thence North 01 degree
24 minutes 39 seconds East, a distance of 284.519 meters (933.46 feet); thence North 89
degrees 51 minutes 26 seconds West, a distance of 97.234 meters (319.01 feet); thence South
00 degrees 30 minutes 53 seconds West, a distance of 14.847 meters (48.71 feet) to the South
line of said Southeast Quarter of the Southeast Quarter of Section 34.
Also which lies within the following temporary easements for construction purposes.
A strip of land 65.000 meters (213.25 feet) in width over that part of said Northwest Quarter of
the Northwest Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota,
EXCEPT that part thereof which lies westerly of a line run parallel with and distant 200 feet
easterly of the west line of said Section 2.
And also over:
That part of said Southwest Quarter of the Southwest Quarter of Section 35, Township 33,
Range 26, Sherburne County, Minnesota, lying South of County State Aid Highway No. 12.
the East line of which is contiguous with the West line of said first above-described perpetual
easement, being a strip of land 36.576 meters (120.00 feet) in width.
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Easement Parcel No. 27
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Said strip of land is to extend by its full width from the South line of said Northwest Quarter of
the Northwest Quarter of Section 2 to said Southwesterly right-of-way line of said County State
Aid Highway No. 12.
And also:
That part of said Northwest Quarter of the Northwest Quarter of Section 2, Township 32, Range
26, Sherburne County, Minnesota, and that part of the Southwest Quarter of the Southwest
Quarter of Section 35, Township 33, Range 26, Sherburne County, Minnesota, which all lies
East of said first above-described perpetual easement, being a strip of land 36.576 meters
(120.00 feet) in width.
And also:
The South 120.000 meters (393.70 feet) of said Northwest Quarter of the Northwest Quarter of
Section 2, except that part which lies Westerly of a line run parallel with and distant 200.00 feet
Easterly of the West line of said Section 2. And also, except that part which lies within the
above-described perpetual easements.
And also:
The East 120.000 meters (393.70 feet) of the West 180.960 meters (593.70 feet) of said
Northwest Quarter of the Northwest Quarter of Section 2. Except that part which lies within the
above-described perpetual easements.
. And also:
The South 100.000 meters (328.08 feet) of the West 180.960 meters (593.70 feet) of said
Southwest Quarter of the Southwest Quarter of Section 35. Except that part which lies within
the above-described perpetual easements.
And also:
The South 100.000 meters (328.08 feet) of said Southeast Quarter of the Southeast Quarter of
Section 34, which lies East of U.S. Highway No. 169. Except that part which lies within the
above-described perpetual easements.
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Easement Parcel No. 27