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7.2B. SR 06-03-2019 ��i Eof lk — - Request for Action River To Item Number Mayor and City Council 7.2b Agenda Section Meeting Date Prepared by Public Hearinj 3, 2019 Chris Leeseber , Senior Planner Item Description Reviewed by Mark and Lori Amborn, 13432 Meadowvale Road Zack Carlton,Planning Manager Easement Vacations Reviewed by Cal Portner, City Administrator Action Requested Adopt,by motion,a resolution to vacate portions of a drainage and utility easement for Lori and Mark Amborn with the following conditions: 1. City Council approval of the plat of Amborn Addition 2. The resolution must be recorded with Sherburne County at the same time the plat of Amborn Addition is recorded. Background/Discussion Case No. EV 19-01 The applicant's narrative outlines some of the history of the property and easements. The easements were granted to the city in 2000 for flooding issues in the area. The applicant is requesting the portions of the existing drainage and utility easements no longer prone to flooding and outside delineated wetlands/setbacks be vacated. - CR 33 s The proposal is to vacate all existing easements and then reestablish them around the delineated wetlands (plus 45 feet) and the standard property perimeter easements with the proposed Amborn Addition R>: plat (P 18-15). Hwy Ip Financial Impact CR 12 None Attachments P ■ Applicants Narrative yw ■ Memo from Stephen Wensman,dated April 11, 2000 j% ■ Memo from Steve Rohlf dated January 15, 2002 ■ Resolution Figure I The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional P U W E H E o s r service, and community engagement that encourages and inspires prosperity /` UR RECEIVED mAY 0 6 2019 May 6, 2019 Dear City of Elk River Council and Staff, We are respectfully requesting a vacation of the Drainage Easement on our 14.97 acre parcel of property at 13432 Meadowvale Rd. NW Elk River, MN. The narrative below and the attached documents will provide you with the history of this easement and why we believe it is no longer necessary. Relevant Background: The drainage easement was granted to the City of Elk River in 2000 when we (Mark and Lori Amborn) purchased a 23 acre piece of property from Richard and Gloria Hinkle. At that time, we requested a divisional split of the 23 acres for financing purposes. The City of Elk River granted the split with a condition that a drainage easement be placed on a sizable portion of the southern most property. Why? Flooding had been taking place on Lander Street and a drainage easement would allow the City of Elk River opportunity to access the property and create changes to prevent future flooding. The attached April 11, 2000 letter from Stephen Wensman, City of Elk River Planner, identifies cause of the flooding, explains the easement agreement, and who would bear the costs of a future easement vacation. Proposed Plan: After the divisional split was approved, The City of Elk River came to us, the landown- ers, andowners, proposing a plan to create a two pond system on the property. We did not agree to the plan but agreed to further conversations. The City of Elk River did not bring any additional options forward for discus- sion. In 2002, we inquired about reducing the drainage easement. A phone conversation with Stephen Rohlf, City of Elk River Building and Zoning Administrator, was held. The attached letter dated, January 15, 2002 outlines the City of Elk River's response. Ditch #28 Repairs: In 2004 or 2005 (circa) Sherburne County began work to repair the failing file of Ditch #28 in the Lander Street area, which included repairing that portion of the ditch that crossed our property. The repairs appear to have addressed the root cause of the flooding as there has not been flood- ing in the area since the ditch repairs were completed. Because the drainage easement was granted to address a specific concern which has been resolved and because the required Wetland Delineation is now complete, we respectfully request the drainage easement be vacated at this time with no further cost to us, the landowners. Thank you for your consideration on this request. We would enjoy answering any questions. Ma 7ni A rn 13432 lid. NW Elk ver, MN 55330 R.EC E 'c i ED MAY 4 6 2019 City of Eik� River April 11, 2000 Mark and Lori Amborn 13591 196th Avenue NW Elk River, MN 55330 Dear Mark and Lori: I am writing this letter to clarify condition # 7 of the Hinkle Administrative Subdivision. As discussed, County Ditch #28 is partially in drain tile across the Hinkle property that is failing causing flooding on several properties, including the Hinkle's. After meeting with you in late March, 2000, the City began a study of the drainage problems in order to determine a recommended ditch repair solution for approval by the landowner. As part of the Administrative Subdivision, City staff required a large drainage and utility easement over the Ditch and low areas prone to flooding on the Hinkle property. Once a solution is determined and approved by the landowner, and the ditch repairs are made, the need for the drainage and utility easement will be reduced as much as possible. At that time if the property owner wishes to reduce the size of the easement, the City will support an easement vacation to reduce the easement to that necessary after the ditch improvements. The property owner of 13432 Meadowvale Road will bare no costs related to the Ditch 428 repairs or a partial vacation of the drainage and utility easement. If you need any further clarification or have any questions, please call me at (612) 441-2953. Sincerely, .*& r -"4/1U --- Stephen Wensman, Planner. 13065 Orono Parkway 9 P.O. Box 490 * Elk Rivet. IVIN 55330 • TDD & Phone: (612) 441-7420 0 Pax: (612) 441-7425 .RECEIVED MAY 0 6 2019 0 6 2019 C4 or Elk River 13065 Orono ParWay Elk River, MN 55330 Januarl 15, 2002 Lori Amborn 13432 Meadowvale RD NW Elk River, PvIN 55330 Subject: Easement Vacation Dear: Ms. Amborn: In reference to condition #7 of your administrative subdivision and a letter from Stephen Wessman, dated April 11, 2000. the City of Elk River will iiutiate an easement vacation (at the City's expense) over that portion of the easement in question under the following conditions: > That at your expense the wetland boundaries are delineated on your property by someone qualified to do so. As we discussed in our phone conversation on 1/15/02, if an easement is to be, reduced to the exact boundaries of a wetland it is the property owner's responsibility and expense to detennink; whi at is wetland. The city will not vacate any pot tion of the easement that is determined to be wetland. Attached is a list of firms that do wetland delineations. r That at your expense, the legal descriptions required for the easement vacation are prepared by a qualified firm. The city will not vacate any portion of the easement outside of the wetland boundary that is determined by the City Engineer to still be prone to flooding. The City of Elk River will be responsible for doing the drainage calculations needed to determine this at its expense_ That the appropriately sized easements remain over all portions of the county ditch system. Phone: 763.441.7420 Fax: 763.441.7425 wwwci elk-rivecmn.us I Dave discussed this issue with Michele McPherson, City Planner, and she is in agreement with the conditions outlined. The Planning Department will process the vacation request. If you have further questions, please give me of Michel a call at (763) 441-4902. tephen Rohlf, Building andoning Administrator City of Elk City of Elk River Wver City Council Resolution 19- 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 19-01 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 property originally protected by the easement is no longer prone to flooding and it is not anticipated that the site will flood in areas outside of the delineated wetlands; and WHEREAS, a public hearing was held on June 3, 2019,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 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 3rd day of June 2019. John J. Dietz,Mayor ATTEST: Tina Allard, City NATUREJ Exhibit A A perpetual drainage and utility easements over, under and across and being 10 feet in width and adjoining the North, East and West property lines of the following described property: The East 815,16 feet of the Southwest Quarter of the Northwest Quarter lying 50.00 feet south of and parallel with the centerline of County Road No, 32, Section.210,Tovmnship 33, 1--ango 20., Sherburne County,*.IIJh=,nesota. Said centerline of County Road 32 is described as follows: Beginning at a point on the east line of said Southwest Quarter of the Northwest Quarter distant 85.85 feet north of the southeast corner of said Southwest Quarter of the Northwest Quarter; thence west to a point on the west line of said East 815.00 feet of the Southwest Quarter of the Northwest Quarter distant 107.98 feet north of the southwest corner of said East 815.00 feet of the Southwest Quarter of the Northwest Quarter. And also a perpetual drainage and utility easement over, under and across and being 10.00 feet in width and adjoining the East and West property lines and being 5.00 feet in width and adjoining the South property line of the following described property: The North 320.00 feet of the East 815-00 feet of the West half of the Southwest Quarter of Section 20,Township 33,Range 26, Sherburne County, Minnesota. And also a perpetual drainage and utility easement over, under and across being 10 feet in width adjoining the east and West property lines and 5 feet in width and adjoining the North and South property lines of the following described property-- The South 800.00 feet of the North 9020.00 feet of the East 8 15.00 feet of the West Half of the Southwest Quarter of Section 20, Township 33,Range 26, Sherburne County, Minnesota. And also a perpetual drainage and utility easement for drainage and utility purposes over, under and across the following described property: Commencing at the northwest corner of said South 800.00 feet of the North 1020.00 feet of the East 815.00 feet of the West Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 31 minutes 32 seconds East along the north line of said South 800.00 feet of the North 1020.00 feet of the West Haff of the Southwest Quarter, a distance of 110.00 feet to the point of beginning of said easement to be described;thence continuing South 89 degrees 31 minutes 32 seconds East along said north line, a distance of 340.00 feet; NATUREJ thence South 0 degrees 28 minutes 28 seconds West, a distance of 235.00 feet; thence South 54 degrees 25 minutes 25 seconds West, a distance of 382.44 feet; thence South 1 degree 37 minutes 13 seconds West, a distance of 190.00 feet; thence North 89 degrees 31 minutes 32 seconds West, a distance of 150.00 feet to the west line of said East 815.00 feet of the West Half of the Southwest Quarter; thence North I degree 37 minutes 13 seconds East along said west line, a distance of 349.60 feet; thence South 89 degrees 31 minutes 32 seconds East, a distance of 166.28 feet; thence North 1 degree 37 minutes 13 seconds East, a distance of 110.00 feet, thence North 20 degrees West, a distance of 150.00 feet; thence North 0 degrees 28 minutes 28 seconds East, a distance of 50 feet to the point of beginning. And also a temporary drainage and utility easement pending actual location described as follows: Commencing at the northwest corner of said South 800.00 feet of the North 1020 feet of the East 815.00 feet of the West Half of the Southwest Quarter;thence on an assumed bearing of South 89 degrees 31 minuets 32 seconds East along the north line of said South 800.00 feet of the North 1020 feet of the West Half of the Southwest Quarter, a distance of 450.00 feet; thence South 0 degrees 28 minutes 28 seconds West, a distance of 235.00 feet; thence South 54 degrees 25 minutes 25 seconds West, a distance of 382.44 feet; thence South Idegree 37 minutes 13m seconds West, a distance of 190.00 feet to the point of beginning of said easement to be described; thence South 45 degrees 10 minuets 38 seconds East, a distance of 214.54 feet to the south line of the North 1120.00 feet of said West Half of the South west Quarter;thence North 89 degrees 31 minutes 32 seconds West along said south line, a distance of 118.69 feet; thence North 28 degrees 27 minutes 37 seconds West, a distance of 171.36 feet to the intersection of a line bearing North 89 degrees 31 minutes 32 seconds West from the point of beginning; thence South 89 degrees 31 minutes 32 seconds East, a distance of 48.18 feet to the point of beginning. P, 0 W I R E 0 0 V NATUREJ 6/4/2019 PI 6/4/2019 -;;- u- - -- - --------- - - - - - - - - - - - - AI lay V fTj 6/4/2019 0 c 6/4/2019 6/4/2019 a I i MEADOWVALE RD i I W IQ Z DRAINAGE & UTILITY i EASEMENT 4 a i u � ---- - ----- --- — -----�` —. -•yam _. ------ '—----- "------------- .:�----------------- - .. 45 t ' „" a� a.*s M H , , J ' • w � —.. !a 3_ > ,-- • I :5 ;- ''tali 4 � � ! i i Tj vi , 5 6/4/2019 Action Requested — EV • Adopt, by motion, a resolution to vacate portions of a drainage and utility easement with the two conditions Action Requested ■ Acton EV ■ Acton Plat 0 6/4/2019 f� ------------------ __-- - -------------- -- lity ss3 I � T �_ _— K'• ___-----4 =s: I F i ¢ pg _. �� W O Z ? —,---ski 0