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7.1 SR 09-07-2021Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearing September 7, 2021 Zack Carlton, Planning Manager Item Description Reviewed by Easement Vacation: Copart of Connecticut, Peter Beck, City Attorney Cascade Industrial Park Reviewed by Cal Portner, City Administrator Action Requested Adopt, by motion, a resolution vacating remnant drainage and utility easements within the plat of Cascade Industrial Park Third Addition. Background/Discussion The land swap between the city and Copart, facilitating development of the cascade industrial park area, included vacation of the unimproved right-of-way running through both parcels. The right-of-way has been vacated and recorded with Sherburne County, but there are 10-foot-wide drainage and utility easements on both sides of the former right-of-way that were missed during the initial review process and were not included with the original vacation request. These easements, if not vacated, will impact future improvements for both parties. Staff and Copart request adoption of the attached resolution approving vacation of the original drainage and utility easements within the current plat of Cascade Industrial Park Third Addition. Financial Impact None Mission/Policy/Goal Facilitate growth and development. Attachments ■ Location Map ■ Resolution ■ Site Plans The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires pi ospei l_ y. M TUREJ Updated.• August 2020 7 -3 0 3 - 0 010 2az%", 75 -I A5Y AS I 75- -102 j:: 715 -1 m1411 1411 sf 75-013-2400 C7 W5- 0 Cop rt Drainage & Utility Easement Vacation !!!!!17 5-7 2� 0 -:.0 110 0'. 4*. Case No: EV 20-04 Elk 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 Drainage and Utility Easements Case No. EV 20-04 WHEREAS, a petition has been made by the adjacent property owners to vacate the drainage and utility easements described in Exhibit A attached hereto; and, WHEREAS, a public hearing on said petition was held on September 7, 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 easements described in Exhibit A is hereby granted based upon the following Findings of Fact: a. The easements are no longer required as the adjacent public right-of-way has been vacated, the adjacent parcels have been re -platted, and the new plat dedicates necessary drainage and utility easements to support future growth and development. 2. Vacation of the public drainage and utility easements described in Exhibit A shall be effective at the time of recording of the document. Passed and adopted this 7th day of September 2021. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Exhibit A The drainage and utility easements adjacent to the right of ways within Outlots A, B, C and D CASCADE INDUSTRIAL PARK, according to the recorded plat thereof, Sherburne County, Minnesota and the north 25 feet of the east 20 feet of said Outlot A. ELK 1, t Iry Lt`l 162ND r/ AI V UL_ tVYY I C5 C- Ci C7 � Z hi 167ST AVENUE NW h A J ST I A� "-A,' IC- AIIA/ EAU -VL-"V '- 1V YY -Z0 C� C' C� C] r Ely CASCADE INDUSTRIAL PARK THIRD ADDITION KNOW ALL PERSiyNS BY TNESY PR _1 That Coporf of Lbnne U-1.. Inc, a Connect%cut Corporal%on, owner of the Iollowing desmbed proverfy situated in fne Co nfy of Sherburne. Sfa fe of Minnesota, fo wit. 0u TNF, A, C and D CASCADE MDUSTRLAL PARK oc..rdlng fo Elie recorded plot fh ereof, Sberburne Couny. 1lnnes.1, and po U", DJ vhro(ed 1-1 Avenue NOrlh west. Buchon✓n S(ree( Nnrlh west and l6ls( Avenue NNII west, as dedlmted on (fie plof IF CASCADE MDUSTRLAL PARK ....Tdog Io the ded pN f­IDEUihereof Sherburne County, M%nn esofa which Des wesfeny DJ the Southerly and N-1herly entensNo of the Eosf Lme of OufloC, f ce sa%d And -I IT, Cfy Of £Ik River, a Mlnn esp(✓ mun Cpol rorporo 0, owner OF the TOAD 9 -fed property sl(uo(ed In (he Coun (y of Sherburne. SI✓Ie "Minn esofa ID w1I: Outlot B. CASCADE INDUSTRIAL PARK and Outfot B PARKVI£W ADDITION ocrnrd%ng fo the ieror vN1, thereof Sn erbuine Counlµ M%nnesoto and dng fo ne 11-bne Co nfy.wMinn esofa wnrch Iles was erly of ire Souf erly and Norf e y extensions of the Eusf line of Ouflol C, sold CASCADE pINDI/STRIALJ PARK ur Hove caused the some to be surveyed and plotted os CASCADE INDUSTRIAL PARK TNIRD ADDITION and do hereby donate and —1, 1,, the publ;C for public use forever the vubhc w y and also ded%cofes the easements as shown on fh%s plot for -—IN and ufff%fy vurposes D y n wllnes. -Teo sold Cop✓rI ,f Connecticvrl, Inc., o IN, nneCUT,, Lbrpor N, has ..used IF... presents Io be srgned by its proper p/firer fhU day of 20 By (Name S ATE OF MINNESO A orNoing In en( w wfedged before me 1- day o 20_ by 01 Capon "Conne U"', Inc, a ConneCllcvrl COrp0/OUI On behalf Of Ne corpora llOn. (Name III,) n w%mess w ereof —1 Cly of Efk Rver, o M%nnesota mun cool mrporof%on, has mused these presents to be gned by %fs prover officer Ihls day of 20 Gfy of £/k IT"Y By (Joan Dietz, Mayor) STATE OF MINNESO A COUNTY OF nsirumenf w wfedged b e Ili%s day o 20 y John DNI,, Mayor of the Gey of Elk (9ma urel (Nome vnnled) No(ory Public Counfy, Mlnneso(o My COr/ITI9SIOh E„p4es CITY OF ELK RIVER SHERBURNE COUNTY, MN re by c..UN I I hove r✓ 'd hnd FIN (fed the land or dfiecily sup sad IT, r✓Jvey;lg and pfp(N g ,f (fie land dem d on (his Olaf ✓s CASCADE MDUSTRIAL PARK THIRD ADDITION: fh ai Inns plat /s o rolled represen(aflon of the boun dory survey,' Ifiat al mothemaflml da Lp and labels pr ecfry deslgnaled on IN, plat: Not p enfs dep/efed on Lhfs plat w ec Lly ref wJihln J the date " th%se re�hfrof%on, all wet lands and wrier boundo es✓and all public y ore shown and labeled os defined �n G�n'sfovher R. Foley, Lond Surveyor Mlnneso to Ucenre No, 55343 SAT£ DF MINN£SOTA COUNTY OF Stir veyor's LErt%I%%cote wvs ockno w,'edged b forme th%s day of 20_ by Chn'stopher I eFoley,9Lod Surveyor. M;nnesofa L�Cense No1111 e e . I9gnofure) (Nome lb-T AN", P✓NN Coun ly. Minn—, My Commfsslon El Of CITY APPROVAL App--d and o p by fne Clfy Council of fne Clfy TO Elk Rver. Mrnhesofo of o me fing held Ili s day o , 20_ IT, ." , Mayor Clerk COUNTY STN VEYOR Pursro.I Io Sherburne Counfy Ordinonre Number 00" I hNIT, 'NUfy -I IT;, plat fi 6e eckeen chd and pppro ved pr Io ro pl-, w%fh Cliov ter 505, M%hnesofo Statutes IT;. day o 20 Sherburne Counfy Surveyor COUNTY AUDITOR—TR£A SYIR£R e eby rerflJy No arc payable In f e year an fonds nerarn descri e o p d rn un, and mere ore no da q f Ivrces. and fh ai transfer was entered (his day of 20� Sherburne Counfy AudlNr—Treasurer COUNTY RECORDER one y ­Ibly hot N s nsfru tea ntIT,d n he D a clack he y .M�.00 d was duly rerorded os Document Number Wwtvicod Professional Services, Inc. CITY OF ELK RIVER CASCADE INDUSTRIAL PARK THIRD ADDITION SHERBURNE COUNTY, MN 1�——� — 2323a i =ooa>o: w:3 ,,,,, _ �w 0 h, I W I I I¢ 8 �.,,,�, ,,,,,�„ _ 1615U IIm",1_ sa: \ T AVENUE _._ Al — � �. - _' NW moon ,rl -- Hooasose �; ✓ ' ;��`�i ,v vw a ' � , _ ' � I „v✓vim ,ism � I eI 3..r,.,- \ _ �a"A' I i LOT 1 ii F I� I soo�> :6"�21.!)oo•�o w—,: w e a BLOCK 1EI �' I , � OUTLOT A 2 41 a � 3 „ , _��• / _-1--A,o ,N - '. I "� . wvorvom rurvorm I � � I "TTOT o ��� v o IooENo A � „NCH 120FEET ' o o N"C T =Co w NO-0 E 180 6— -- -- -- -- -- -- -- Wwtviood Professional Services, Inc.