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7.2. SR 06-04-2018 Request for Action To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date Prepared by Public Hearings June 4, 2018 Chris Leeseberg, Senior Planner Item Description Reviewed by Easement Vacation: Thomas Newstrom Zack Carlton, Planning Manager Reviewed by Cal Portner, City Administrator Action Requested Adopt, by motion, a resolution to vacate a portion of a drainage and utility easement for Thomas Newstrom. Overview Case No. EV 18-03 The applicant requests the southern five feet of the 10-foot drainage and utility easement along his north property line be vacated allowing construction of a detached accessory structure north of his house and garage at the minimum 5-foot side yard setback. The applicant’s north property line is shared with the southern property line of Fresno Park. The property line has a jog and angles approximately 15 feet south into the applicant’s property. The easement was originally established for an overhead powerline that is no longer in place. Elk River Municipal Utilities has no concerns with vacating five feet of the easement as the overhead lines have been removed. The engineering department also has no concerns as the area is not serving as a swale for the drainage of the property to the east. There is no need for the easement as it relates to Freson Park. Staff has no concerns with the easement vacation as it no longer serves a public purpose and recommends vacation. Financial Impact None Attachments  Location Map  Narrative received May 15, 2018  Survey dated May 22, 1990  Site Plan  Resolution RECEIVED MAY 15 2018 My name is Tom Newstrom and I live at 18141 Fresno St. NW in Elk River. I have lived at this address for 26 years. I am proposing to build a 24x26 shop/garage on the north side of my house. This is the most logical and reasonable place for this structure. The property line on the north border between my property and the city park land is "funky". Instead of following a natural straight line to the street, it takes an odd southerly angle and then angles back north to the street. I have yet to find an explanation for this unique border from anyone I have inquired about it. I knew I needed to address the placement of my building in regards to this unique property line. I started the process by contacting Mike Hecker from the Park department and asked if it would be possible to realign the border and purchase the small triangular piece. I was told that because of the way the property was obtained by the city, it could not be sold. I then asked Chris Leeseberg of the Planning Department if other options would be possible. He checked with the City Attorney about a land swap and that wasn't possible because of the same legalities. My next option was an easement vacating process. I need to have an easement vacation of 5' of the 10' utility easement. This would give adequate room for equipment to service the sewer line that runs from the house to the street if ever deemed necessary and meet the setback from the property line. I have talked to the utility company and there are no utilities in the easement. They all follow the natural straight line to the street, approximately 15-20' north of the proposed placement of the new structure. In summary, I am requesting your consideration of vacating 5' of the 10' utility easement so I can build my proposed structure. Thank you, Tom Newstrom Certificate. Of Survey For:. IRV MOLDENHAUER Job No.: 56(03 Bose/Page: e45 / C'21 r w �r UP tr � NN N Scale: l ° r gro' Date: 6. ODenataa iron pipe: set Frith a plastic plug ste■ped RLS 6194 or 13867. O Danoten iron pipe found.; O11enotea lath set. PS�� � 1 w 7 L40 C �a 4 04 1 N S C OS ' -zap 047 ,3 o �4\'JN9�� `p � WN a G` Lo♦ 118tocla 4Y ORDNO LAKE 3RD ADDITION$ 5hvburnr Coun{y'Wftneso+q I hereby certifp that this survey was prepared by me or under my direct supes'j#.; , is correct to the best of my knowledge and belief, was executed in accordaaeethe current Recommended Procedures For The Practice Of Land Surveyiog'adopta� the Minnesota Land Surveyors Association, and that I em a duly licensed Land Surveyor, -under the laws of the State of Minnesota. This certificate shows the location of a':Proposed building, as staked by us, on said land, and the location of all visible entroic"Mnts, if any, from or on said land. No liability is assumed except to the client for whom, this survey was prepared, his heirs, and assigns, and said Iiability is asouawid only for the actual cost of this survey. J00 OLIVER A ASSOCIATES, INC. -- Y By: P. Caswell, LeneA fv"Plleyor Mina te.License No. 13057 Date! CP11AA O .deaf oe.n+ae ���4ayc. fpfw I 1 M 9 Op�vj .o ��• Z N89°3o'00" E N 5�' Q 4 7. 4oj /• 8 Z 0 Is u.c 1. O 3-; 0 33 1Q E45Emen 1 a r w �r UP tr � NN N Scale: l ° r gro' Date: 6. ODenataa iron pipe: set Frith a plastic plug ste■ped RLS 6194 or 13867. O Danoten iron pipe found.; O11enotea lath set. PS�� � 1 w 7 L40 C �a 4 04 1 N S C OS ' -zap 047 ,3 o �4\'JN9�� `p � WN a G` Lo♦ 118tocla 4Y ORDNO LAKE 3RD ADDITION$ 5hvburnr Coun{y'Wftneso+q I hereby certifp that this survey was prepared by me or under my direct supes'j#.; , is correct to the best of my knowledge and belief, was executed in accordaaeethe current Recommended Procedures For The Practice Of Land Surveyiog'adopta� the Minnesota Land Surveyors Association, and that I em a duly licensed Land Surveyor, -under the laws of the State of Minnesota. This certificate shows the location of a':Proposed building, as staked by us, on said land, and the location of all visible entroic"Mnts, if any, from or on said land. No liability is assumed except to the client for whom, this survey was prepared, his heirs, and assigns, and said Iiability is asouawid only for the actual cost of this survey. J00 OLIVER A ASSOCIATES, INC. -- Y By: P. Caswell, LeneA fv"Plleyor Mina te.License No. 13057 Date! CP11AA O .deaf oe.n+ae ���4ayc. fpfw City Council City of Elk River Resolution 18-____ A Resolution of the City Council of the City of Elk River to Vacate a Portion of a Drainage and Utility Easement Case No. EV 18-03 WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks’ published and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days before the hearing to each property owner affected by the proposed vacation, the Elk River city Council has conducted a hearing to consider the vacation of the easement legally described on the attached Exhibit “A” (“Easements”); and WHEREAS, vacation of the easement is appropriate as the utilities originally protected by the easement have been removed and it is not anticipated that the site will be needed for utilities in the future; and WHEREAS, a public hearing was held on June 4, 2018, before the City Council of the City of Elk River on such request 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, it appears that it is in the public interest to vacate the Easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: 1. The Easement legally described on the attached Exhibit A is hereby vacated. 2. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor and County Recorder/Registrar of Titles in accordance with the terms of this Resolution. th Passed and adopted this 4 day of June 2018. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk A-1 Exhibit A The southerly and southeasterly 5.00 feet of the 10 foot drainage and utility easement lying along the northerly lines of Lot 1, Block 4, ORONO LAKE 3RD ADDITION, as dedicated in the recorded plat thereof, Sherburne County, Minnesota. A-2 Newstrom Easement Vacation Background  Build an accessory structure  5 foot setback  Requesting 5 feet of the 10 foot easement be vacated  Odd property line shared with city park  15’ “into” the applicants property  Easement for OH powerlines  No longer exist  ERMU nor Eng. Dept. have concerns Background  Jeff Bulger, 13131 Mississippi Rd, stated he will not be attending the public hearing but is perfectly fine with Mr. Newstrombuilding his shed and has no concerns Action Requested  Adopt, by motion, a resolution to vacate a portion of a drainage and utility easement