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7.3. SR 12-18-2017 EGty1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date Prepared by Public Hearin s December 18, 2017 BrieAnna Simon, Planner Item Description Reviewed by Easement Vacation: Nathan Funk Zack Carlton,Planning Manager Reviewed by Cal Portner, City Administrator Action Requested Approve,by resolution, the easement vacation with the condition that the plat of Hidden Creek Farms Second Addition is approved by City Council. Background/Discussion Case No. EV 17-06 The applicant submitted the plat of Hidden Creek Farms Second Addition combing three lots into two. Two of the lots include a five-foot easement along the interior edges between the lots. Once combined, these easements will no longer be needed. New drainage and utility easement will be established with the filing of the plat of Hidden Creek Farms Second Addition. The plat with proposed easement vacation exhibit is included on the December 18, 2017, City Council Consent Agenda. The plat falls under the recently approved Platted Exemption Regulations,which does not require a public hearing. The attached plat includes the easement areas proposed to be vacated. Financial Impact None Attachments ■ Location Map ■ Hidden Creek Farms Second Addition Plat ■ Easement Vacation Resolution POWERED 6T AR HIDDEN CREEK FARMS SECOND ADDITION .THE NW I/., SIO, 11, A I RCH ARE, NO NORTH 1/4.. R"ER 0, 1, 11 ------ N RT. LINE TIC SAI 11. T- C. L'I'EMr. ooc xo� �T FOR -NITH UNI I THE O� T11 'A SEC. N7T" LIME I.E. 1, 11 T2.S lE. T- S1, R1. W SUCIF'RiE_ NEI 400 589'06'34"E 655,62 A NICE NO NUTY EA SAN coec RM TER E9.US Wo3,6703 INITY SEN - 1 -2 —AINA.S IS 1-7, N 'OS'34"W 400.03 89 ­- EXISTING DRAINAGE AND UTILITY EASEMENT. RX"I Larar —3. T ---------- 400.00 ------- I -------- - A "E WEST K. RCH CHN2, 11 11 13. T.R A SHEREURNE - I CAST .C—DDC NO 134131. II AN Y FAMl BLOCKji I II II 4 xI -R­NO IEAE.I - - - - r---- ---- - 8 10.83 Ac.1 II II AN Y FAMl BLOCKji I II II %". `.1L Y Nl 'w -3 - - - - - - - ao- 209TH AVENUE N W (COUNTY HWY. NO. 33 --=-50.00 o N89*08'52"W 40 H0.03 ... co . -N - 11 - -T-AxT- - - - - - - - - - - nTLRC FF H- 3-L. -------------- -------------- D: V� CITY OF ELK RIVER SHERBURNE COUNTY, IVIN� 213111 A e NW ITE 13 33 209th A,W AS N NO SCA' S— 13, T. -hip 33, R.Hg. 26 N GRAPHICSC 100 50 100 200 200 lIllilmIIIIIII� SCALE 1 UtCH - 100 FEW o DIH-C111 Limitetl A,,,,, tletlicated IN the plat Of HIDDEN CREEK FARMS, F., the purposes Of this plat, the North 11- Of the S.E. 1/4 Of the N.W. 1/4, Sec. 13, T. 33, R. 26. Is assumed to b.C, South 81 ECRL o DC, -S . 1/2 inch . 14 - - monumen t�ftl . P -TO plug stamped -,S. 13057, Denotes• �iron f.NC1. O D 0 sh-- c -t' cOSt Iron Monument. Existing Drainage and Utility E ... YHRCt, p,' plCt Of HIDDEN CREEK FARMS CI I— th- BAi.g 10 feet IN width and dp(TICg right-of-way lines, also being 5 - iIwidth aCdoiHiCg IoI.-S, ..IRRR .thC,.i.O iCdil S h.., ON pl.t� HHE TIRRE ONE U -1 14 LE LA Oliver Surveying & Engineering, Inc. 4 xI %". `.1L Y Nl 'w -3 - - - - - - - ao- 209TH AVENUE N W (COUNTY HWY. NO. 33 --=-50.00 o N89*08'52"W 40 H0.03 ... co . -N - 11 - -T-AxT- - - - - - - - - - - nTLRC FF H- 3-L. -------------- -------------- D: V� CITY OF ELK RIVER SHERBURNE COUNTY, IVIN� 213111 A e NW ITE 13 33 209th A,W AS N NO SCA' S— 13, T. -hip 33, R.Hg. 26 N GRAPHICSC 100 50 100 200 200 lIllilmIIIIIII� SCALE 1 UtCH - 100 FEW o DIH-C111 Limitetl A,,,,, tletlicated IN the plat Of HIDDEN CREEK FARMS, F., the purposes Of this plat, the North 11- Of the S.E. 1/4 Of the N.W. 1/4, Sec. 13, T. 33, R. 26. Is assumed to b.C, South 81 ECRL o DC, -S . 1/2 inch . 14 - - monumen t�ftl . P -TO plug stamped -,S. 13057, Denotes• �iron f.NC1. O D 0 sh-- c -t' cOSt Iron Monument. Existing Drainage and Utility E ... YHRCt, p,' plCt Of HIDDEN CREEK FARMS CI I— th- BAi.g 10 feet IN width and dp(TICg right-of-way lines, also being 5 - iIwidth aCdoiHiCg IoI.-S, ..IRRR .thC,.i.O iCdil S h.., ON pl.t� HHE TIRRE ONE U -1 14 LE LA Oliver Surveying & Engineering, Inc. City of Elk River Resolution 17- A Resolution of the City Council of the City of Elk River Approving a Petition to Vacate Drainage and Utility Easements WHEREAS, application has been made to vacate the drainage and utility easements described in Exhibit A attached hereto; and, WHEREAS, the vacation of the easements is appropriate as the adjacent properties are being combined and the rights provided by the easement are no longer necessary; and WHEREAS, a public hearing was held on December 18, 2017,before the City Council of the City of Elk River on the application to vacate the drainage and utility easements 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 final plat of the property. Passed and adopted this 181h day of December 2017. John J. Dietz,Mayor ATTEST: Tina Allard, City NATUREJ Exhibit A Proposed Easement Vacation Descriptions: The Drainage and Utility Easement dedicated in the plat of HIDDEN CREEK FARMS, Sherburne County,Minnesota which he within Lots 1 and 2, Block 1 of said HIDDEN CREEK FARMS and which lies 5.00 feet on each side of the following described line: Commencing at the Southeast comer of said Lot 1,Block 1; thence North 0 degrees 11 minutes 34 seconds East along the East line of said Lot 1 a distance of 10.00 feet to the Point of Beginning of the line to be described; thence continue North 0 degrees 11 minutes 34 seconds East along the East line of said Lot 1 a distance of 397.84 feet and there terminating. Said easement to be vacated runs by its full width from the North line of the South 10.00 feet of said Lots 1 and 2 to a line which bears East and passes through the Point of Termination. AND The Drainage and Utility Easement dedicated in the plat of HIDDEN CREEK FARMS, Sherburne County,Minnesota which he within Lots 1 and 2,Block 1 of said HIDDEN CREEK FARMS and which lies 5.00 feet on each side of the following described line: Commencing at Point of Termination of the above description; thence North 0 degrees 11 minutes 34 seconds East along the East line of said Lot 1 a distance of 110.74 feet to the Point of Beginning of the line to be described; thence continue North 0 degrees 11 minutes 34 seconds East along the East line of said Lot 1 a distance of 361.98 feet and there terminating. Said easement to be vacated runs by its full width from a line which bears East and passes through the Point of Beginning to a line which bears North 83 degrees 03 minutes 58 seconds East and passes through the Point of NATUREJ