7.2. SR 11-01-2021
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity. Updated: August 2020
Request for Action
To
Mayor and City Council
Item Number
7.2
Agenda Section
Public Hearings
Meeting Date
November 1, 2021
Prepared by
Zack Carlton, Planning Manager
Item Description
Drainage & Utility Easement Vacation:
Broadway Investors II, LLC
Reviewed by
Chris Leeseberg, Senior Planner
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, a resolution vacating a drainage and utility easement located on Outlot A, WEST OAKS, with
the following conditions:
1. The easement must be replaced with an easement agreeable to Connexus Energy and staff must receive
written approval of the new easement location from Connexus.
2. The applicant and Connexus shall come to terms regarding the costs associated with the relocation of the
overhead powerline currently protected by the subject easement.
3. Applicant shall agree to a temporary utility easement that is suitable to Connexus for the existing powerline
facilities until they can be relocated.
4. The Final Plat for Broadway on 10 shall be updated to note the vacation of the existing easement.
5. The resolution vacating the described easement must be recorded immediately prior the Final Plat of
Broadway on 10.
Background/Discussion
Case No. EV 21-06
The Broadway on 10 multi-family apartment project was approved by the City Council earlier this year, however,
the project requires approval of an easement vacation prior to finalizing the plans and documents. The easement
requested to be vacated protects an overhead electric line owned by Connexus Energy. The overhead line will be
relocated as part of the Broadway on 10 project and Connexus and the applicant have been discussing the
relocation.
Connexus and the applicant will need to provide documentation of the approved relocation for the overhead
powerline prior to releasing the resolution and final plat for recording. Upon approval of the overhead powerline
relocation by Connexus Energy, vacation of the easement will be in the public’s benefit.
Mission/Policy/Goal
Growth and development of residential properties.
Attachments
Location Map
Vacation Exhibit
Resolution
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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 utility
located within the easement will be relocated and the protection afforded by the easement is
no longer required; 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
The Drainage and Utility Easement over the north 30 feet of Outlot A, as dedicated on the
plat of WEST OAKS, according to the recorded plat thereof, Sherburne County, Minnesota.
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