4.6 SR 07-20-2020
Request for Action
To Item Number
Mayor and City Council 4.6
Agenda Section Meeting Date Prepared by
Consent July 20, 2020 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Easement Vacation and Final Plat for Common Zack Carlton, Planning Manager
Bond
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, a resolution to vacate portions of a drainage and utility easement with the following
conditions:
1. City Council approval of the final plat of Elk Ridge Center Sixth Addition.
2. The resolution must be recorded with Sherburne County at the same time the plat of Elk Ridge
Center Sixth Addition is recorded.
Background/Discussion
Case No. EV 20-02
The subject property is located southwest of the intersection of
Highway 169 and 197th Ave. The applicant proposes a 60-unit
multi-family residential apartment building within the Elk Ridge
Center commercial development. The amendment to the Land Use
Plan (LU 20-02), the preliminary plat (P 20-05), and Conditional Use
Permit (CU 20-07) establishing a residential PUD were all approved
by the City Council on July 6, 2020.
There are existing easements running through Lot 1, Block l of Elk
Ridge Center Second Addition and Outlot A of Elk Ridge Center
Fifth Addition where the proposed apartment would be located.
The City Council reviewed this request on July 6, 2020, and
approved the request, as the easement is consistent with the needs
and layout of the preliminary plat. The resolution formally approves
the vacations.
With the approval of the land use applications, the vacation of the
easement is in the public’s best interest as it supports development
of the apartment building.
Attachments
Resolution
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
City of Elk River
City Council
Resolution 20-____
A Resolution of the City Council of the City of Elk River to Vacate Portions
of Drainage and Utility Easements Case No. EV 20-02
WHEREAS, a petition has been submitted pursuant to Minnesota Statutes Section
412.851 to vacate the easements legally described on the attached Exhibits A & B (the
“Easements”); and
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 vacation of the
Easements; and
WHEREAS, vacation of the Easements is appropriate as the Easements are no longer
required for the proposed use or development of the property subject to the easement; and
WHEREAS, at the public hearing held on July 6, 2020, before the City Council of the City
of Elk River, all persons interested were given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
1. The Easements legally described on the attached Exhibit A & B are 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 20 day of July 2020.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Exhibit A
Exhibit B