7.1 SR 04-05-2021Request for Action
To
Item Number
Mayor and City Council
7.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
April 5, 2021
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Easement Vacation for Drainage & Utility
Zack Carlton, Planning Manager
Easement, Eder
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, a resolution vacating a drainage and utility easement upon condition the applicant replats the
City of Elk River for the portion of the drainage and utility easement purchased as part of the 193T`` Avenue
extension.
Background/Discussion
Bill Christian, on behalf of Michelle Eder, is requesting vacation of a drainage and utility easement to provide
unencumbered access to Lot 3 Block 1 of the recently approved Wildlife Woods Addition Plat.
Staff determined the requested portion of the drainage and utility easement is no longer of any benefit to the city.
A smaller drainage and utility easement protecting the wetland and providing typical utility access will be
established with the recently approved plat of Wildlife Woods Addition on the southeast portion of the easement
to be vacated.
During the 193T`` Avenue extension and condemnation process, the city purchased an easement for drainage and
utility purposes at a cost of $2,925. (Doc# 710927). This portion of the easement is no longer required, but the
cost of the vacated easement is recommended to be repaid as a condition of approval.
Financial Impact
None
Mission/Policy/Goal
■ Responsibly grow, Meet changing needs — Agile
■ Help, not hinder citizen quality of life, work with citizens to achieve goals
Attachments
■ Resolution
■ Location Map
■ Easement Vacation Exhibit
■ Easement Sketch
■ Existing Conditions and Preliminary Plat
■ 193T`` Avenue Land Acquisition and Easement Parcel Sheet
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei ly.
M
TUREJ
Updated.• August 2020
City of
Elk
River
City of Elk River
City Council
Resolution 2 1 -
A Resolution of the City Council of the City of Elk River Granting a Petition
to Vacate a Drainage and Utility Easement
WHEREAS, vacation of the drainage and utility easement is appropriate as the property
originally protected by the easement is no longer needed to be protected; and,
WHEREAS, a public hearing on said petition was held on April 5, 2021, before the City
Council of the City of Elk River after published and posted notice had been given, and all
persons interested were given an opportunity to be heard at the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
1. The petition to vacate the drainage and utility easement, as described in Exhibit A, is
hereby granted, based upon the following Findings of Fact:
A. The Council finds the drainage and utility easement described in Exhibit A is
no longer a benefit to the public.
2. Vacation of the drainage and utility easement described in Exhibit A shall be
effective at the time of recording of the necessary documents.
Passed and adopted this 51h day of April 2021.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Exhibit A
Vacate that part of the drainage and utility easement described in Doc. No. 710927, lying in
the Northwest Quarter of the Southeast Quarter of Section 26, Township 33, Range 26,
Sherburne County, Minnesota, lying south of the south he of the north 274.00 feet of said
Northwest Quarter of the Southeast Quarter and lying northeasterly of a line drawn parallel
with and 50.00 feet northeasterly of "Line A", which is described as follows: Commencing
at the southwest corner of the South Half of the Northeast Quarter of said Section 26;
thence North 00 degrees 20 minutes 50 seconds East, assumed bearing, along the west line
of said South Half of the Northeast Quarter, a distance of 52.88 feet to the point of
beginning of said "Line A"; thence South 81 degrees 39 minutes 10 seconds East, a distance
of 166.94; thence easterly and southeasterly along a tangential curve, concave to the
southwest, having a radius of 1000.00 feet and a central angle of 25 degrees 54 minutes 14
seconds, a distance of 452.11 feet; thence South 55 degrees 44 minutes 56 seconds East,
tangent to said curve, to the east line of said Northwest Quarter of the Southeast Quarter
and said "Line A" terminating thereat.
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