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7.1. SR 11-01-2021Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearings November 1, 2021 Chris Leeseberg, Senior Planner Item Description Reviewed by Drainage & Utility Easement Vacation: Apex Zack Carlton, Planning Manager Transfers Expansion Reviewed by Cal Portner, City Administrator Action Requested Adopt, by motion, a resolution vacating a portion of the shared drainage and utility easement between Lots 4 & 5, Block 1, Renner Fourth Addition, upon condition that the two parcels are combined to create one buildable lot. Background/Discussion Case No. ZC 21-04 Sharp and Associates is requesting a portion of the shared drainage and utility easement between Lots 4 & 5, Block 1, be vacated to allow Apex Embroidery to expand their structure/business to the northeast. Once the parcels have been combined there will no longer be a public need for the existing drainage and utility easement as the buffer between parcels is no longer necessary The proposed expansion adds 10,698 SF of building space, a new driveway access, parking, and provides opportunity for a second addition in the future. The use is considered a permitted use and will be reviewed administratively. Financial Impact None Mission/Policy/Goal Meet changing needs of a public entity. Attachments ■ Location Map ■ Vacation Exhibit ■ Proposed Site Plan ■ Resolution 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 a, 7 5 77 0 - -778 105 105 _� Ad 75-811 PTransfers Inc. Easement Vacation 7 :7 fit MOW Case No: EV 21-04 Elie River — Z/ / / / / / / / \ 0 ` �1 Z O Z � IV 1 / / / / / / / / / / / / / / / / / / / / 4 ,-Southwesterly line of Lot 4, Block 1, RENNER FOURTH ADDITION Northeasterly line of Lot 5, Block 1, RENNER FOURTH ADDITION O^, / S51'02'24"W I h p / / / / / / / / / / / 1D.OD V \ 5 Southwesterly corner of Lot 4, Block 1, RENNER p,N / FOURTH ADDITION / C'X A l�L so 0 s0 120 s- IN 1EET Denotes Drainage &Utility Easement to be Vacated DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED: That part of the Drainage and Utility Eosement as dedicated on the recorded plat of RENNER FOURTH ADDITION, Sherburne County, Minnesota lying 5.00 feet northerly and 5,00 feet southerly of the lot line of Lots 4 and 5, Block 1, said RENNER FOURTH ADDITION and lying northwesterly of the following described line and its northeasterly and southwesterly extensions: Commencing of the Southwesterly corner of said Lot 4; thence North 38 degrees 57 minutes 36 second, West along the Southwesterly line of said Lot 4 a distance of 31.44 feet; thence North 51 degrees 02 minutes 24 seconds East a distance of 5.00 feet to the point of beginning of the Ilne to be described; thence South 51 degrees 02 minutes 24 seconds West a of of 10. 00 feet and said line there terminating, Except the northerly 5,00 feet of said Lot 4 and said Lot 5. Area of drainage & utility easement to be vacated — 2161 sgHE, or 0.05 acres N�TEJREV1510NI ere0y teeny that his survey, pion or report was preporea ay m Easement Vacation Exhibit to Street No r ader my direct supervision and that I a a duly Licensed N Hakanson Anderson Professional Lantl Surveyor under the lows of the State of Minnesota.'�Civil En and Land Surve for gineers yors36D1 Thurston Ave., Anoka, Minnesota 55303Shar and Associates 1 MN License No. 4913E 763-427-5860 FAX 763-427—D520 11E p ntt NO 'tvaa 11 1111TI nR/1R/)t � ,z m FOOTING - (1),PROCTIVE BOLLARD cTE ALE � 2 - r-a'. ,F TELL FUTURE o ADDITION o o IF_ FireE ESA F —noure PROPOSED o s/e/T ILL LEIING ea/ie nFSEE 21AI oc R rn ILOCATION HOEwEarvus 1/21 IN w aaE�3 PeoE A/A—TuS PAVEMENT MECH 1 / ouaJ �a EXISTING —A BUILDING < / V / \ reE A_ lEe eIo T�ooe h \ AINI PIN A H \ GAF F / PAD / \ A \ e�aA v v / v L lZ \ ; \SEPTIC'AAREA �' / sr / �V A2. �y iIF (6) PROOF �? r ,o TFAP AFKING / NE NAEFD STAFF, o / TOPSOIL & SEED �vF , NOTS PAVEMENT .....ALD'PI —L aNAaFCATF / as nccu RaT eouNoa NORTH B6—/2 CONCRETE CURB ��SITE PLAN 1® qF cAe 1 /z' — r—o" qi cAE. — zA _ 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 November 1, 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 1" day of November 2021. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Exhibit A Thot pnrt of th� rvoir, Ind Uti|ity Enscncvt nIcdicnt0, 1I-d pot of RENNER FOuRTH 4DD|�ON, �herbune �uun+� lying feet northedy ond of the common |ot |ir,e of Loto 4, ond �. B|ock 1. ouid RENNER FOURTH ADD|TION ond |yng north*eater|y of th* tJ|nvvi I I describeJ |ina ond its northeostedy unJ nouthv,este/|y exten'� Icns� Cornmrncir,y ot th� com�x �nid �,' 7 4�ncc Nofh ", H 4rrc� 57 minutco JG oecondeot c1lu,y the Southwes7or|y |ine of ooid �� 4 o d|stonce of I144 ��t. thence North �1 u�gr�e, o,Y mill Eoat o of to t:e point g of xno tu be dancribed� th1 1iotunce of t und soid Inc thtcr*inoting Eucept the northor|y 5.00 f eet of uvid Lot 4 o,d smid Lot 5. A I �:n of dminouti|ity � "o[ntn �nt bc vocntciq�or OO5 oc/�s