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7.1d SR 07-06-2020City of Elk - River Request for Action To Item Number Mayor and City Council 7.1 d Agenda Section Meeting Date Prepared by Public Hearings July 6, 2020 Zack Carlton, Planning Manager Item Description Reviewed by CommonBond Elk River Housing Limited Chris Leeseber , Senior Planner Reviewed by Partnership — Easement Vacation Cal Portner, City Administrator Action Requested Direct staff, by motion, to prepare a resolution making findings of fact denying the requested Easement Vacation as the proposed vacation is not in the public's benefit. Staff will bring the resolution of denial forward on July 20, 2021. Background/Discussion The subject property is located southwest of the intersection of Highway 4, M 169 and 197th Ave. The applicant proposes a 60-unit multi -family residential apartment building within the Elk Ridge Center commercial I development. To compete the project, an amendment to the Land Use Plan (LU 20-02), approval of a plat (P 20-05), and approval of a Oa 33 Conditional Use Permit (CU 20-07) are needed to establish the residential P PUD. There are existing easements running through Lot 1, Block 1 of Elk Ridge RR Center Second Addition and Outlot A of Elk Ridge Center Fifth Addition where the proposed apartment would be located. To construct the H,r 10 proposed apartment, the applicant needs to plat the property as well as - = cR 12 vacate easements on the property. It would not be in the public's benefit to vacate existing easements for a project that is not recommended for approval by the Planning �p Commission. Staff recommends denying the request.t �Q9 Financial Impact None Figure I - Statutory Review Period Per State Statute §15.99, the required 60-day review period ended on June 23, 2020. The applicant requested in writing that the review period be extended to July 21, 2020. Attachments ■ Vacation Exhibits The Elk River Vision A nelcoming community nvith revolutionary and spirited resourcefulness, exceptional p o w E A E u s r service, and community engagement that encourages and inspires prosperity g /� URE EASEMENT VACATION EXHIBIT r-r li-Imi\r- —L-1 lrr-) L L_f\ f-\IU\7L vLIV 1 LF I TI II-)r\ Ar\r' /-in AI / I f71i-\U �UUIIVIV 2 � � �4 W� R � m �f a F—FT--- ;8 I I i � I I Z w0 F I I I I /-\/N a L.L_v..r\ 1 oQ I I J � \)ILJ/NC /N C7 L_L_f\ 0Z 0W \VI\VI L 0 0E / OQ 1 / I I I I O J O � F0 DRAINAGE & UTILITY EASEMENT w o o X Li1 PER PLAT OF ELK RIDGE CENTER-, W 3 0 W ---__ - -ice — — \ �-DRAINAGE & UTILITY EASEMENT — — — — — PER PLAT OF ELK RIDGE CENTER — LC J - - - - - - - - - - - - - - - - - - - If N00'00'00"W 62•Q0 � (I z� o I �Z { WZ W woo <� V I �OF Qw WQ 00 '0WQ I I H W L) �= =>W W �U I X:ILI O W� I �NH Jww QJ J3U L' za �Of I aWw x Quo Zo a� HV ~O � W ; — \ IWO _j W < wW +gym I I I a�Q x a m f� n Ln W fl ''1-6Z.UU—` SOUTHWEST CORNER OF I 189 25'58"E OUTLOT A, ELK RIDGE j FIFTH ADDITION----- I I I LJ Lijj C) Lij C) C� iL Lij I �- I `J I I L� \i I I - L'J POINT OF BEGINNING -THE SOUTHERLY LINE OF OUTLOT A, ELK RIDGE FIFTH ADDITION All that part of the drainage and utility easements as dedicated in the plat of ELK RIDGE CENTER and embraced within Outlot A, ELK RIDGE CENTER FIFTH ADDITION which lies westerly of the following described line; Commencing at the southwest corner of Outlot A, ELK RIDGE CENTER FIFTH ADDITION; thence North 89 degrees 25 minutes 58 seconds East, along the south line of said Outlot A, ELK N RIDGE CENTER FIFTH ADDITION, a distance of 62.00 feet to a point on a line which is parallel with and 62 feet easterly of the westerly line of said Outlot A, ELK RIDGE CENTER FIFTH ADDITION and the point of beginning of said line to be described; thence North 00 degrees 00 minutes 00 seconds East, along said last described parallel line, a distance of 374.69 feet; thence North 90 degrees 00 minutes 00 seconds West, a distance of 62.00 feet to said westerly line of said Outlot A, ELK RIDGE CENTER FIFTH ADDITION and there terminating. EXCEPTING therefrom the westerly 10 feet of the southerly 10 feet of said Outlot A, ELK RIDGE 0 80 CENTER FIFTH ADDITION. SCALE IN FEET EASEMENT VACATION EXHIBIT FOR: 1229 Tyler Street NE, Suite 100 Common6ond Minneapolis, Minnesota 55413 FmaWwEFN CommunitiesPHONE: (612) 466-3300 f=AX: (612) 466-3383 SITE LOCATION: 19522 Holt Street Northwest Egan, Field £r Nowak(, Inc. WWWE-FNSURVEY.COM Elk River, Minnesota 55330 COPYRIGHT® 2020 By EGAN, FIELD & NOWAK, INC. Land surveyors since 1872 FILE NO. 5028 DRAWING NAME: 38924 Ease Vacation 1 st.dwg EASEMENT VACATION EXHIBIT I r-f li ��In/\r- /�rAlrr-) L L_f\ \IU\7L vLIV 1IF TI IIF)11 A nnl—in AI I f71h L� r1L�L�1llvly — — WLiZO <_OU♦•JCmoo�sw� I ,TWJO L 1�W< <°°00 dWVI Z0zo Wpz �~ "_ ZU M. N 0JW 41W -0 �Z Y- O j L L %1_31 �}`, 1 a} `n a'" a o o w E _jw Wo. 0)J< d } N �0 0] 0 0 -Z r-1 I! )ll"\/\[- /\r!\IT�-'_) <U FU W Uzi Uzi L L L_f \ 1 \I L/\2L_ vLl V 1 L_�\ Jww =W O H0 OZ U Ow O 00 p J In a'S U < XLLJ Qf F W W O LIJ O U ^C-/\/'1 !\1f\ A11111T1/1A1 dpY <Y p V L/ /-\ L/ L/ 11 1 l./ I V W W Z W Z z Z1�'' J LLJ U < Z z_ >_ < JCkfw� 00 W W J((D LLJ OU (1 <wU C� _ IL W W� Up ;- m _ wW wY 1 <w F' DRAINAGE & UTILITY EASEMENT PER PLAT 1 OF ELK RIDGE CENTER SECOND ADDITION--, N90'00'00"E L� o \ 125.88 / L'C 0 C) 0^ ij_ iL owl =` F z I POINT OF BEGINNING-," S89.25 58"W 135.88 THE SOUTHERLY LINE OF I� SOUTHEAST CORNER OF LOT 1, BLOCK 1, ELK LOT 1, BLOCK 1, ELK RIDGE SECOND ADDITION RIDGE SECOND ADDITION All that part of the drainage and utility easements as dedicated in the plat of ELK RIDGE CENTER SECOND ADDITION and embraced within Lot 1, Block 1, ELK RIDGE CENTER SECOND ADDITION and Outlot A, ELK RIDGE CENTER FIFTH ADDITION which lies easterly of the following described line; Commencing at the southeast corner of Lot 1, Block 1, ELK RIDGE CENTER SECOND ADDITION; thence South 89 degrees 25 minutes 58 seconds West, along the south line of said Lot 1, N Block 1, ELK RIDGE CENTER SECOND ADDITION, a distance of 135.88 feet to the point of beginning of said line to be described; thence North 00 degrees 00 minutes 00 seconds East, a distance of 84.73 feet; thence North 90 degrees 00 minutes 00 seconds East, a distance of 125.88 feet, to a point on a line which is parallel with and 10 feet westerly of the easterly line of said Lot 1, Block 1, ELK RIDGE CENTER SECOND ADDITION; thence North 00 degrees 00 minutes 00 seconds East, along said last described parallel line, a distance of 294.62 feet; thence North 30 degrees 00 minutes 00 seconds East, continuing along said parallel line, a distance of 25.76 feet to the most northerly line of said Lot 1, Block 1, ELK RIDGE CENTER 0 80 SECOND ADDITION and there terminating. SCALE IN FEET EASEMENT VACATION EXHIBIT FOR: 1229 Tyler Street NE, Suite 100 Common6ond Minneapolis, Minnesota 55413 FmaWwEFN CommunitiesPHONE: (612) 466-3300 SAX: (612) 466-3383 SITE LOCATION: 19522 Holt Street Northwest Egan, Field £r Nowak(, Inc. WWWE-FNSURVEY.COM Elk River, Minnesota 55330 COPYRIGHT® 2020 By EGAN, FIELD & NOWAK, INC. Land surveyors since 1872 FILE NO. 5028 DRAWING NAME: 38924 Ease Vacation 2nd.dwg