Item 5.4 • Item # 5.4.
City of
Elk -�-1
River
MEMORANDUM
TO: Planning Commissi
FROM: Michele McPherson, Director of Planning
DATE: March 25, 2003
SUBJECT: Case No. P 02-01
Request by John Oliver and Associates for a Registered Land
Survey for Lot 8, Block 2 Fox Haven
Request
The Commission is asked to consider a Registered Land Survey(plat) for Lot 8, Block 2 of
IIIFox Haven in order to provide a correction to a lot line.
Attachments
• Location Map
• Memo from the City Engineer
• Registered Land Survey
Analysis
The purpose of the Registered Land Survey(RLS) is to subdivide 7.13 feet from the westerly
154 feet of the south line of Lot 8, Block 2 Fox Haven and attach it to the adjacent lot to the
south.
The adjacent lot to the south is Torrens property and as a result,judicial markers were used
to locate and set the property corners. Judicial markers are court-ordered markers typically
utilized for establishing property corners in a Torrens action. The judicial markers were,
however,installed in the incorrect location 7.13 feet north of where they were to have been
installed, and as a result,7.13 feet must be removed from Lot 8 Block 2 of Fox Haven in
order to correct this error. Due to the fact that the property to the south is Torrens
property,a lot line adjustment could not be utilized in this case. The Torrens process
requires a Registered Land Survey to correct this error.
•
Memo to Planning Commission/P 03-01
March 25,2003
Page 2
S
The City Engineer has noted one condition for the approval of the Registered Land Survey
and that is the easements along this portion of Lot 8 Block 2 must be vacated and new
easements must be dedicated.
Recommendation
Staff recommends that the Planning Commission recommend approval of the Registered
Land Survey for Fox Haven.
•
•
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River Case Number P 03-01 FOX HAVEN
41
Howard R. Green Company
February 28, 2003
File: 810640J-0240
Michele McPherson
Director of Planning
City of Elk River
13065 Orono Parkway
Elk River, MN 55330-5600
RE: FOX HAVEN ADDITION
SURVEY CORRECTION
Dear Ms. McPherson:
• We have reviewed the survey correction for Lot 8, Block 2, Fox Haven Addition. As you are aware,
this survey correction is to adjust a portion of the south line of Lot 8 to the judicial landmark
monument in this location. The adjustment is moving a portion of the south lot line 7.13 feet to the
north. Apparently Fox Haven was platted according to the deed of the property when judicial
landmarks had previously been set in this area re-establishing the property boundary. We see no
problem with the survey other than drainage in the utility easement along the original incorrect lot
line that needs to be vacated and a new drainage and utility easement that needs to be granted
along the corrected lot line.
If you have any questions regarding any of these comments, please call.
Sincerely,
Howard R. Green Company
,--a/4 ------1-44971aa2-C,
Terry J. Mgrer, P.E.
TJM: ac
• Ltr-022803-McPherson
1326 Energy Park Drive • St. Paul, MN 55108 • 651/644-4389 fax 651/644-9446 toll free 888/368-4389
REGISTERED LAND SURVEY NO.
SHERBURNE COUNTY, MINNESOTA
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of Lot 8, Block 2 _ {
FOX HAVEN
I hereby certify that in accordance with the provisions of Chapter 508, Minnesota Statutes of 1949, as amended, I
• have surveyed the following described property situated in the County of Sherburne, State of Minnesota, to wit:
Lot 8, Block 2, FOX HAVEN, Sherburne County, Minnesota.
I hereby certify that this Registered Land Survey is a correct delineation of said survey. Dated this day
of , 200
Rick M. Blom, Land Surveyor
Minnesota License No. 21729
Approved and accepted by the City Council of the City of Elk River, Sherburne County, Minnesota at a meeting held
on the day of , 200
By: , Mayor
Attested: , Clerk
Pursuant to Sherburne County Ordinance Number 006, I hereby certify that this Registered Land Survey has been
checked and approved as to compliance with Chapter 508, Minnesota Statutes this day of
, 200
John 0. Oliver
Acting Sherburne County Surveyor
I hereby certify that proper evidence of title has been presented to and examined by me and I hereby approve this
plat as to form and execution this day,of , 200
Elk River City Attorney
I hereby certify taxes payable in the year on lands herein described are paid in full, and there are no
delinquent taxes, and that transfer was entered this day of , 200
Sherburne County Auditor/Treasurer
I hereby certify that this instrument was filed in the Office of the Registrar of Titles for record on this
• day of , 200 , at o'clock .M., and was duly filed as Torrens Document No.
.J TE R7CE'717-'
Sherburne County Registrar of Titles >. /7...0_3____-
JOHN
. /7.JOHN OLIVER & ASSOCIATES, INC.
SHEET I OF I SHEETS