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7.2. SR 07-16-2018 ��i Eof lk — - Request for Action River To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date Prepared by Public Hearinj 16, 2018 Ben Picone,Planning Intern Item Description Reviewed by Easement Vacation:Jake Lundsten for 20'Drainage Zachary Carlton,Planning Manager and Utility Easement, 21101 Olson Circle Reviewed by Cal Portner, City Administrator Action Requested Adopt,by motion,a resolution vacating a drainage and utility easement at 21101 Olson Circle NW. Overview Case No. EV 18-04 - The subject property is north of County Road 33 along Olson Street. (see red dot on Figure 1). The applicant requests approximately 150 feet of the 20-foot drainage easement along his north property line be vacated to allow for construction of a pool northeast of his house at the minimum 8- U CR 33 foot side yard setback. The drainage easement is no longer in use. a The north property line bisects another drainage easement.This easement follows the northern property line and extends 10 feet into RR'' the applicant's property. The easement preserved access to a stormwater pipe installed during an earlier addition of the Kingdom 'H� i Estates subdivision and should have been removed in subsequent approvals. The easement was not vacated and it is unclear if there is a physical pipe structure in the ground. The engineering division and planning staff has no concerns as the �9 area is currently served by the drainage easement to the north and tiny the easement vacation no longer serves a public purpose. Financial Impact Figure I --� None Attachments ■ Location Map ■ Applicants Narrative June 25, 2018 ■ Kingdom Estates Is`Plat (partial) ■ Survey ■ Aerial Exhibit ■ Resolution POWERED 9r NdA UREI Project Narrative Existing drainage easement to be vacated on lot 12, block 1 Kingdom Estates. Address 21101 Olson Cir NW, Elk River, MN, 55330 The drainage pipe where the easement is located is no longer in use. It has been relocated near the property line of lot 11 and lot 12. I am proposing to vacate the easement on my property to reflect the abandonment of the old drain pipe. This would allow us to build an out building and above ground pool on our lot. The portion of our lot that has the easement is the only location for these types of improvements, as the other half of the lot contains the septic system. Since the drain pipe has been abandoned, I do not see a reason for the easement to be in place. I believe it should have been removed when the pipe was relocated, but it was not. I am not sure when the drain pipe was abandoned but it is clear from city drawings and physically looking, that it is no longer in use. This easement vacation would reflect the rest of the neighboring properties and put it on par with the rest of the neighborhood. City Council City City of Elk River EL4-Rive 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 18-04 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 conducted a hearing to consider the vacation of the easement legally described on the attached Exhibit"A" ("Easement"); and WHEREAS, vacation of the Easement is appropriate as the utilities originally protected by the Easement have been removed and the Easement will not be needed for public utilities in the future; and WHEREAS, the public hearing was held on July 16, 2018,before the City Council of the City of Elk River on such request after the required 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 is in the public interest to vacate said 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. Passed and adopted this 161h day of July 2018. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk A0WIAE0 6i A-1 INAWREI Exhibit A That portion of the drainage easement lying within Lot 3, Block 2, KINGDOM ESTATES, Sherburne County, Minnesota, as dedicated on the recorded plat thereof, describes as follows: Commencing at the southwest corner of Lot 12, Block 1, KINGDOM ESTATES SECOND ADDITION; thence northerly along the west line of said Lot 12 and along a curve concave to the west, having a radius of 333.00 feet and a central angle of 11 degrees 20 minutes 12 seconds, a distance of 65.30 feet, the chord of said curve bears North 6 degrees 35 minutes 27 seconds West; thence North 45 degrees 54 minutes 20 seconds East, a distance of 11.70 feet to intersect a curve 10 feet easterly of the west of said Lot 12, said point being the point of beginning of the easement to be vacated; thence continue North 45 degrees 54 minutes 20 seconds East, a distance of 23.70 feet; thence North 66 degrees 28 minutes 28 seconds East, a distance of 144.18 feet to the intersect a line 10 feet southerly of an parallel line, a distance of 23.93 feet intersect a line 20 feet northwesterly of and parallel with the last described course; thence South 66 degrees 28 minutes 28 seconds West, a distance of 141.58 feet to intersect a curve 10 feet easterly of and parallel with the west line of said Lot 12; thence southerly along said curve concave to the east, having a radius of 260.00 feet and a central angle of 1 degree 55 minutes 06 seconds, a distance of 8.71 feet, the chord of said curve bears south 14 degrees 00 minutes 16 seconds East;thence southerly along a tangential reverse curve concave to the west, having a radius of 340.00 feet and a central angle of 1 degree 39 minutes 49 seconds, a distance of 9.87 feet, the chord of said curve bears South 14 degrees 07 minutes 54 seconds to the point of beginning. A0WIAE0 6i A-2 INAfUREI Easement Vacation Jake Lundsten Background  Drainage easement exists through the NW corner of property  Currently unused  Additional 20-foot drainage easement on northern property edge  Easement was not vacated, unclear if pipe structure remains Background  Engineering Department does not have any concerns  Staff has no concerns, recommends vacation Action Requested  Adopt, by motion, a resolution vacating a drainage and utility easement at 21101 Olson Circle NW.