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.
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Drainage & Utility Easement Vacation
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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.
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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
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CASCADE INDUSTRIAL PARK THIRD ADDITION SHERBURNE COUNTY, MN
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