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7.3 SR 01-18-2022it ci Elk* River Request for Action To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date Prepared by Public Hearings January 18, 2021 Chris Leeseberg, Senior Planner Item Description Reviewed by Drainage & Utility Easement Vacation: Bruce Peter Beck, City Attorney Rahn, 13665 185th Ave. NW Reviewed by Cal Portner, City Administrator Action Requested Adopt, by motion, a resolution vacating the north 66 feet of 75-131-1101. Background/Discussion EV 21-07 The applicant is requesting to vacate the easement covering the north 66-feet of their property so they can utilize the property without the restrictions noted in the easement language. The applicant believes the only property being devalued in the area is theirs as they are unable to fully use one-third of their property. Easement The easement is approximately 0.37 acres of the 1-acre property. There are three parcels adjacent to the easement. The easement over the north 66 feet of the applicant's property was granted to the city in 1990 in connection with an application for an administrative subdivision and variance. The proposed parcel only had 94 feet of frontage on 185`h Ave and 66 feet on Naples, which at the time was not a public street, thus requiring the lot width variance. With both streets being public, the required 150 width was obtained on two different streets. As part of the Administrative Subdivision approval, the following condition was required: That the north 66 feet of the proposed new lot running the entire length of the parcel from east to west be dedicated to the city as easement for road, utility, and drainage purposes. This easement will Figure i serve the new lots that can be created from the original parcel in the future when City sewer and water is available in this area. CR 12 /69 The purpose of the easement was to preserve a corridor for street and utilities if the properties to the west were ever redeveloped into smaller lots once public sewer and water became available. The Elk River Vision P I I E I E U I i A welcoming community with revolutionary and spirited resourcefulness, exceptional [NATURE] service, and community engagement that encourages and inspires prosperity. Updated. August 2020 The following is the language for the Use of Easement Tract: Grantors hereby agree that they will notperform or allow or cause the construction of any improvements on the Easement Tract which could damage or obstruct the Permanent Easement or interfere with Grantee's (City of Elk River access to or Grantee's right to construct, maintain, and repair the street, utilities, or drainage on the Easement Tract. The easement granted to the city is for street, utility, and drainage purposes. However, the city has not yet needed or used the easement for those purposes. Unless and until the city opens the easement for public use, there is no public right to use or maintain the easement area. The original lot split in 1990 created two parcels, the 1-acre subject parcel and one approximately 4-acre parcel. The 4-acre parcel was the subject of future development during the easement discussion and requirement. Since 1990, the 4-acre parcel was split into two parcels, and each developed with houses and accessory structures. Land Locked (see Existing Property Access Points exhibit) There has been several questions and comments regarding parcels being landlocked (devalued) if the easement is vacated. If vacated, no parcel will become landlocked. All the properties directly adjacent to the easement (75-131- 1100, 75-131-1415, & 75-131-1405) and 75-131-1406 all have direct access to a public street. Property 75-131-1415 owns the strip of land (75-131-1401) to the west of it. The three adjacent properties meet or exceed the minimum width requirement (160') for the zoning district (R1- b). The applicant believes their property is the only one being devalued as the other properties have their own public street frontage access and do not need the easement on their private property to develop. Urban Services City water is available the full length of 185`' Ave in the subject area but not in Naples Street. Sanitary sewer is within 185 b Avenue, just outside the subject area and is not located in Naples St. Services would have to be brought from 185`h Avenue through Naples St. to and through the subject easement (approximately 550 feet) and then into a future development. These 550 feet, and about 245 of new street, would have no new lots helping offset installation costs. Section 78-97 (d) states: All buildings constructed onproperty to which apublic server is available at the time a certificate of occupancy is issued for the building shall be required to connect to the public ser er prior to occupancy. All buildings to which a public serer becomes available following legal occupancy of the building shall be required to connect to the public sewer, provided that the public sewer is within 300 feet of the structure generating wastewater and the public serer is located in a public right -of -nay or easement for utility purposes adjacent to the property, as follows: (1) Connection shall be required if either the septic system or well serving the building or property fails and needs replacement; and (2) Connection shall be requiredprior to the sale of the building or theproperty on which the building sits. If development is to occur in the area, city services (sewer and water) would be required for the new development. This also means that neighboring houses within 300-feet of the easement/right-of-way would be required to connect to the services if a new home is constructed/replaced, their septic system fails, or when they sell their home. (see Area Required to Hook Up to City Services if Available attachment) Current Access Routes (see Current Access Routes attachments) Property 75-131-1100 currently access their property, and detached accessory structure, directly from 185"' Avenue and utilize the easement as a secondary ingress/egress. Vacating the easement will not remove access to the property, nor the detached accessory structure, from a public street. Property 75-131-1406 currently access their property directly from 185"' Avenue. The detached accessory structure is currently accessed via the easement and through 75-131-1100, where no easement has been found to exist. While there is a handshake agreement between these properties, it may not always be the case. Vacating the easement will not remove access to the property from a public street. The detached accessory structure can be accessed with the establishment of a driveway on their own parcel. Property 75-131-1415 currently access their property directly from Naples St. The detached accessory structure is apparently accessed via the easement. The detached accessory structure can be accessed from their own parcel. It is unclear if property 75-131-1405 utilizes the easement. Concept Plats City staff generated four concept plats to show approximately what could be developed with the two parcels to the west of the subject parcel. Plat Concept A ■ Utilizes the subject easement ■ Utilizes only the one parcel directly adjacent to the west ■ Mathematically provides 4 parcels ■ While lot 3 meets size requirements, it may not support a house ■ 3 parcels are probably the most it could support ■ 3 parcels most likely will not offset street and utility construction costs (approximately 550 feet of city services and about 245 feet of street before it even reaches the new developed lots) Plat Concept B ■ Utilizes the subject easement ■ Utilizes the two parcels directly adjacent to the west ■ Mathematically provides 6 parcels (lot 6 dependent on being separated from existing house) ■ 6 parcels may not offset street construction and utility costs (approximately 550 feet of city services and about 245 feet of street before it even reaches new developed lots). For comparison, the development to the west has 8 parcels on a shorter section of street. Plat Concept C ■ Does not utilize the subject easement ■ Utilizes the two parcels directly adjacent to the west ■ Both existing houses maintained ■ Mathematically provides 7 parcels ■ Unclear if enough room to provide right-of-way between existing homes and maintain reasonable setbacks. If possible, variance for the two homes likely would be needed. Plat Concept D ■ Does not utilize the subject easement ■ Utilizes the two parcels directly adjacent to the west ■ Both existing houses removed ■ Mathematically provides 10 parcels ■ Provides the most parcels to offset street construction and utility costs While these were quick concept sketches drafted, it appears the future development of the two parcels to the west would be best served by a street access from 185`' Avenue. If the easement were vacated: ■ Future development could occur with establishment of a public right-of-way on the developed parcels ■ City services could be provided via 185"' Avenue ■ Adjacent properties would not be land locked ■ Adjacent properties, as well as 75-131-1406, would maintain direct access to a public street There does not appear to be any public benefit in maintaining the subject easement. Mission/Policy/Goal ■ Support citizen quality of life ■ Ethical, efficient, and responsible ■ Meet changing needs - Agile Attachments ■ Location Map ■ Easement Location Exhibit ■ Memo from the City Attorney dated January 5, 2022 ■ Applicants Narrative ■ Easement Document ■ Original Lot Split ■ Property Adjacent to Easement Exhibit ■ Current Access Routes Exhibits ■ Existing Property Access Points Exhibit ■ Plat Concepts A-D ■ Available City Services ■ Required to Hook Up to City Services Exhibit ■ Resolution 75-384-0120 1 7 5-88 11 .12S#It AVellUe No ' P;;t U _Highve y 10 M rlfnw_e�stId I Rahn Easement Vacation " -892:1 Case o E'V 1- 7 Eli River Wr EASEMENT EMENT S S 5-�t� �V--i+1 �•5 E' 75- 4- 16 0 75-t3S4-C1��20 75 -N 4-01 40 i 1 1� 1B5th Cire 101V*stt1INVE, S t 4� s' �l'� i��EFt4-s]12Q r!] T5-884-0105 75-884-011o c 5--:9E4--1115 pp� G h 185�trAvatlue Norltmest ra-w i-�avv 75-1�1-i40� 753�52�11� 75L13i-i 10Ci`` t Concept only. - This is not a survey. �� *iqqppnmlr !2 ' I'u r 5- 1:S 1-1 4U.9 1 F -e- BECK LAW OFFICE 4746 Sheridan Ave. S. Minneapolis, MN 55410 TO: Chris Leeseberg FROM: Peter K. Beck DATE m January 5, 2021 Peter K Beck Attorney at Law Rahn Application to Vacate Easement 612.991-1350 peter@peterbecklaw.corn The easement over the north 66 feet of Mr. Rahn's property was granted to the city in 1990 in connection with an application for an administrative subdivision and variance. The purpose of the easement was to preserve a corridor for street and utilities if the properties to the west were ever redeveloped into smaller lots once public sewer and water became available. The easement granted to the city is for street, utility, and drainage purposes. However, the city has not yet needed or used the easement for those purposes. Unless and until the city opens the easement for public use, there is no right of the public to use or maintain the easement area. The easement provides that the property owner will not obstruct or interfere with the city's right to construct, maintain, or repair any streets, utilities, or drainage on the easement. This language prevents permanent structures from being installed on the easement, but does not prevent the owner from installing a temporary fence around the easement area, provided the fence is removed if necessary to facilitate a street or utility project. Bruce and Cathy Rahn 13665 1851h Ave NW Elk River MN 55330 Mayor and Council This statement is in regards to the vacation of Easement on the property at 13665 185th Ave NW owned by Bruce and Cathy Rahn. The below statements are the beliefs of both parties named above. We would like to state for the record we own said easement and pay the taxes on this particular piece of land. We are asking the City to vacate the easement so we may reclaim the land as ours. Prior to purchasing this property, we started discussion with the city, specifically Chris Leeseberg, about why the easement is there. We will admit we did purchase the property in 2021 not knowing the full reason for the easement. We have since found out that the previous owners were told this piece of property would need to be made into an easement or they would not be granted a building permit for the existing home. 30 years ago the easement was granted to the city for street, utility, and drainage purposes for possible land development if public sewer and water became available. However, the city has not yet needed or used the easement for those purposes. During this process as well, it's been said that vacating the easement would de -value the properties surrounding the easement. At this time there is no parcel of land that would be landlocked at the vacation of the easement proving no de -valuation on surrounding parcels. The only parcel that would be de -valued would be our property. If, in the future, we decided to sell the property, it could deter a sale or make it more complicated because there is an existing easement. As you can see, there is no reason to continue the current easement as it is not being used for what it was originally created for. Thank you, Bruce and Cathy Rahn Bruce Rahn 8-1 Date: Cathy Rahn Date:Ul —`� e� U80 Subject Easement being reviewed GRANT OF EASEMENT FOR PUBLIC UTILITY AND DRAINAGE THIS GRANT OF EASEMENT IS MADE on lie " .9- 1, 19--U, by Donald F. Rahn & Donna M. Rahn (collectively referred to as ("Grantors"), to the CITY OF ELK RIVER, a Minnesota corporation ("Grantee") . RECITALS Grantors are the owners in fee simple of real property in the County of Sherburne, Minnesota, which is legally described on Exhibit A attached hereto (the "Easement Grantee desires to use a portion of the Easement Tract for the construction and maintenance of certain utilities and drainage for public utility purposes. NOW,,THEREFORE, in consideration of the sum of One Dollar ,.( $1 AF0 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Permament, Easement Grantors hereby grant to Grantee, its successors and assigns, a permanent easement (the "permanent Easement") for street, utility, and drainage purposes over, under, upon., and across that portion of the Easement Tract legally described on Exhibit B. 2. Duration of Permanent Easement - The permanent Easement shall permanently run with the title to the Easement Tract and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, personal representatives, successors, and assigns, including, but 24GS63 CM C� Page 2 without limitation, all subsequent owners of the Easement Tract and all persons claiming under them. Use of Easement Tract - Grantors hereby agree that they will not perform or, allow or cause the construction of any improvements on the Easement Tract which could damage or obstruct the Permanent Easement or interfere with Grantee's =access to or Grantee's right to construct, maintain, and repair the street, utilities, or drainage on the Easement Tract. Warranty of Title - Grantors represent and warrant to Grantee that they are the only owners of fee simple title to the Easement Tract, and that there are no owners of mortgages, contracts for deed, leases, rental agreements, occupancy agreements, or any other encumbrances or verbal or written agreement of any nature whatsoever affecting title to the Easement Tract except those disclosed in writing to Grantee. Grantors, on behalf of themselves, their heirs, personal representatives, successors, and assigns, hereby indemnify and hold harmless Grantee against and from any and all claims for loss, damage, or expenses which may be incurred or asserted by Grantors or any party whose consent is required to be obtained hereunder, in connection with this Grant of Easement or Grantee's use of the Easement Tract pursuant to this Grant of Easement. Page 3 5. Governing, Law - This Grant of Easement shall be construed and governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement on the above date. GRANTORS: STATE OF MINNESOTA GRANTEE: ss. COUNTY OF This inptrument "s acknr ledged before me on Ja00-WkUA0j1. q- by • WENDY M. R" NoTARY PuSUC—MINNESOTA 2LA4,-010 I Lo-b-la- ANOM OOUNTY Notary PVblic My Commission Expires Aug. 8,1992 STATE OF MINNESC ss COUNTY OF SHERBURNE This inst pument was awknowledged be ore M ll 'P 19 by a, and Aa I -- VAnnt�� the kayor ang City Administrator, respectively, of the City of Elk River, a Minnesota municipal corporation. Y� 4�z� 'Notary Public THIS INSTRUMENT WAS DRAFTED BY: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Northwestern Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 246863 Page 4 EXHIBIT A LEGAL DESCRIPTION OF GRANTORS' PROPERTY The north 360.00 feet of the south 393.00 feet of the west 244.00 feet of the east 473.00 feet of the East Half of the Northeast Quarter of Section 31, Township 33, Range 26, Sherburne p.County, Minnesota, except the north 294.00 feet of the sout?` -17.00 feet of the west 150.00 feet of the east 379.00 f(.,-: of said East half of the Northeast Quarter. Containing 1.00 acres and subject to the right-of-way of a 66.00 foot Ingress and Egress Easement over the north 66.00 feet of the south 393.00 feet of the west 244.00 feet of the east 473.00 feet thereof. 246863 Page 5 EXHIBIT B LEGAL DESCRIPTION OF PERMANENT EASEMENT The north 66.00 feet of the south 393.00 feet of the west 244.00 feet of the east 473.00 feet of the east half of the Northeast Quarter of Section 31, Township 33, Range 26, Sherburne County, MN. 2 48 3' COUNT`-iECORDER SHERCURNE CO., MINN. ` PA3RASMUSSON BY — AN 1& 3P `I Ka! .72 m,. i. z I I I r/ I✓ . ORIGINAL LOT SPLIT 0 VM • I r4i Lot 1 3l� d0l, f Q 4 tyv7J �' iy1 Na �� Z5 A O / - %AMH V 77 1 . H PROPERTY ADJACENT TO EASEMENT 755-8� 4-Cl16 0 75-8 6 4-4) 14 5 75-04A 75-N4-0140 1 B 5 th C irc 10 Niul t1INVE, S t T5-064-0105 75-8874-0110 715; -:9 E 4 -4} 115 Norltmest F 74 tr Concept only. This is not a survey. 75 3_11-1lLll - — - — - — - — 10 1'4 CURRENT ACCESS ROUTES I 4-N 1 i-5 1 -,X75 4- C, 16 it 75-8 6 4-4) 14 5 75 4154�102, 75-M4-0140 9 01215 B 5 th C irc 10 Niul T5-064-0105 75-884-0110 7 5 -:9 E 4-,} 115 dl + ir Noritmest Concept only. This is not a survey. P 3, 1. , only . y survey. -(5- 11S 1-1 4U5 Aim& -e- 10 • 1. 1 1h r 5-:1y�,�:�5s:I _75=131=1415' CURRENT ACCESS ROUTES ter. 7:5-13 `1=144 0 E, 75-6 � 4-516 0 ra-aa�-ur1 � �• _ T5-88 4-a} .t 45 75-040M01 - I 75��4-o11U � uuTv IY 75-09 0125. j, 7B5th Circ10 Niult1INVE, S t 4 s' 7-5-E84 o11? - u r!] T5-884-0105 75-884t}Fi�} c 75-i9E4i} 11:5 pp� ir G 185 YAvatlue Noritmest 10 •x j 75�1�3i�1 t Concept only. 1 This is not a survey. 75- 3 i-11 U1 y ITM r 5- I 1-1 4U.9 -e- 1.8�r1h a or#i7-TA t EXISTING PROPERTY ACCESS POINTS Ti i 4---ti 1 5 ' r 75-13`i-7444 P 75'11'140U 75 7516 75-884-4)14 5 - 75-rir��-r�iy�t+ 75 -- 4-01 40 75-131 i W - F- 75-W-114p6 - Concept only. y. i 1 1 This is not a survey. 1B5th Cire 10 NiDlt1INVE, S l s' 7 5- 1:S ] -1 445 *} 75-R84-0120 I .: a •L w a s+t � r r!] T5-884-0105 75-884t}1i1} c 75-i9E4i} 11:5 pp� 1851hYAvatlue Noritmest } , 75=737-14{5 PLAT CONCEPTA VX 75-6 � 4-Cl16 0 .� 1 k F 754t4-01 SO � • * � r1 � 7'5-S84-4)145 1 75-04-092ly 7584-0130 75 -- 4-01 40 75�131 1 let) Concept only. 1 l This is not a survey. 1B5th Cire 10IV*srt1INVE, S l � ITM r 5- 11S 1-1 4U.91 �p 75-f Fa4-012G ua T5-884-0105 75-884-0110 185 YAvatlue Noritmest 10 PLAT CONCEPT B 75-8 6 4-4) 145 75-8 � 4-516 0 75-0401 75 a4-0 75-M4-0140 --a -A" 4LOI i. 1 B 5 th C ire 10 Niul t1INVE, S t T5-064-0105 75-8874-0110 7 5 -:9 E 4 0 11 75; Noritme st 7:5- 3 `1-744 0 75-1311 W16 AA&Alb" Conce pt only. 6 l This is not a survey. 750-13 tj- 11 -114 10 `•'' � •16�r1h ue arlhu�®st a PLAT NCEPT C9 C T5464.024.5 7:5-13 1-744 4 ; 75 � S 4-111 40 VXI 55 75-" � 4 75 4 t 4-01 So 75-864-4)145 1 2 75-4154-017LI. 75$a4-0134 f ,� T5-89d^I}135 75 $M 4-01 40 rl - -1:'s -1--I -1 oO 75 9 1 125 �. 75-t 406 Concept only. 1 This is not a survey. 1 75- 31'-11ii1 7BSm Cire I@ NiYltll';J� ,l s IA 7 54M4-0121) I� r!a T5-884-0105 75-884-0114 I - I r5-1:S1-13S15�Y I ! I -Ilk- :ancT Slack variances "• a ' , 1 I I needed E?* V. PLAT CONCEPT D 75-66 4-0 145 75 75 M 4-0140 1 1 B 5 th C irC 10 N01 UMIE S t 6 to 75-1� 4-0 1 z�- 75-8 � 4-016 N k 75-1 L T5-0040105 75-U 4-0110 1 11-1 AV MLIC Noritmest I 41j� 41, Concept only. This is not a survey. 47.5-1 r3 *J.- 1 !11410 1 9 ----------- .... 75- E1-1 4U.9 10 IF AVE NW --H 0 �6..Iwj --Pl O-Ki"Wm : I "111,W � 1P tl� a orlhwesi - AREA REQUIRED T9 HOOK UP T9 CITY SERVICES IF AVAILABLE i 5-s11?14 p 2 45 `r - ,iy 75 � 8 4-02 Ott 55 1 + 6 75-8 �4-516t 75 4 t4-0150 , 75-884-4)145 N 75.a4-013 Q. 75 -M 4-01 40 d 1B5th Cire 10 Niult1INVE, S t 4I 75984-01 r!] T5-884-01o57fjl� pp� rG r ,1 o:4-1S 75�13i-i 10�i - t Concept only. - This is not a survey. 0, 75-13 1-i101 ii r5-11S1-135151 d7 City of Elk River City of Elk River City Council Resolution 22- A Resolution of the City Council of the City of Elk River Granting a Petition to Vacate a Street, Drainage, and Utility Easement WHEREAS, a petition has been made by the property owner to vacate the street, drainage, and utility easement described in Exhibit A attached hereto; and, WHEREAS, a public hearing on said petition was held on January 12, 2022, 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 street, drainage, and utility easement described in Exhibit A is hereby granted based upon the following Findings of Fact: A. Minnesota Statutes, Section 412.851, allows for the vacation of a street if it appears in the interest of the public to do so. B. Vacation of the street, drainage, and utility easement is appropriate as the property originally protected by the easement is no longer needed to be protected. 2. Vacation of the street, drainage, and utility easement described in Exhibit A shall be effective at the time of recording of the necessary documents. Passed and adopted this 181h day of January 2022. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Exhibit A The north 360.00 feet of the south 93.00 feet of the west 244.00 feet of the east 473.00 feet of the East Half of the Northeast uarter of Section 31, Township 33, Range 26, Sherburnap County, Minnesota, except the north 294.00 feet of the sout! -17,00 feet of the west 150.00 feet of the east 379.00 f6-- of said East half of the Northeast Quarter. Containing J-00 acres and subJect to the right-of-way of a 66.00 foot Ingress and Egress Easement over the north 66.00 feet of the south 393.00 feet of the west 244.00 feet of the east 473.00 feet thereof. January3, 2022 Case EV 21-07 John Dietz (Mayor), My thoughts on vacating the easement South of 18560 Naples include the current owner purchasing the Rahn property with full knowledge of the easement and the frequent use of the easement. This easement is used nearly every day and very often multiple times on the same day by myself and my neighbors. I purchased my property knowing that a sixty -six -foot -wide easement was included providing access to the northern portion of my property as a driveway. I was under the impression that my property included the easement from east to west, providing my neighbor (Mitzel property) to the west access to the northern portion of their property as well. It has been used as a driveway since before I was the property owner without any difficulties or issues. After this has been decided I Intend to grant easement for my neighbor to the west through my property ensuring future access to the northern portion of that property if desired. The easement is sixty -six -foot -wide full length (East to West) from my property to Naples, all of which should be cleanable and maintainable by any adjoining property owner. I have traditionally cleared brush, mown lawn and removed snow across the driveway providing access for myself, and the other adjoining properties including the Jim and Alice Waite property, the Missy Mitzel property and the Rahn property, to the northern portion of their properties. This has never been an issue, and I have been assisted by the former Rahn property owners on many occasions in maintaining the driveway. My property was purchased with the intention of dividing into smaller lots for resale at a later date. The loss of the easement would make dividing the property much harder or impossible because the lots would be land locked. The loss of the easement decreases the value of my property both financially and in my day-to-day life. I would expect compensation for the loss of the easement. I am willing to help financially and physically in the upkeep of the driveway. This would be a continuation of how the property has been maintained for as long as I have owned my residence. lam willing to purchase the property at a reasonable price and become the responsible taxpayer of the property ensuring future access and allowing the division of both my property and the Mitzel property at a later date. As an alternative solution, possibly providing a win for all involved, I would like to mention another solution. Sixty-six feet of width is not needed to enter/exit the property. Thirty-three would suffice. This would allow access by myself and my neighbors and allow control of the wooded portion of the Rahn property to remain with the Rahns. I would like to see this issue fairly and absolutely resolved ensuring the easement is traversable for future owners of these properties. If it is decided that the easement is to be vacated, I hope for the property lines to be permanently marked allowing easy reference of each property's boundaries eliminating cause for future issues. Mr. Briggs asked at the meeting tonight (1-3-2022) if there is still access to the property in question and the answer was deceiving, because everybody does have access through my (Jerry Waite) driveway; however, there would not be a sixty -six -foot -wide area without hitting other property owners' homes. Thank you for your time, Gerald P Waite 13679185th Ave NW Elk River, MN 55330 December 16, 2021 Case EV21-07 Chris Leeseberg In regards to this case; My wife and I received the lot at 13651.and built that home. in 1973 at that time the area was known as Waite Addition. This property was not included in the City of Elk River. We were still township at that time. My Fatherindaw(Chester Waite) at that time planning ahead realized that someday his property would be sold off as lots. With that in mind he designated access between our lot and the Property at 18560 Naples. When Don Rahn wanted to build at 1366S 185" Ave, he needed one acre and 150 feet of frontage to build. In order to getthe property without encroaching too far onto the Home place at 13679185" the property was given the L shape This kept the property narrower but to make up for the needed frontage the easement area was included into that acre realizing when city sewer and water go in the acreage and frontage rules would change. So the easement property was included with the Rahn property, and we all knew the easement was still there. My wife and I eventually built the home at 13701 185"' and - was under the impression the easement came all the way to that property. Jerry Waite eventually bought the house at 13679185' and was aiso under the impression the easement came all the way to 13702, to access two future lots to the rear of that house and also to lots on his property. When Brute and Cathy Rahn bought the house (13665185`" Ave), a few weeks ago they were aware of the easement on the property We believe to vacate this easement would devaluate all this property involved and make it all land locked voiding any future development. Thank you Jim Swanson n//d 02 0 i d)of�tl-;;IV) i�S E'aS�C'�•7� Liccs L�� 15f' �1 'Cc rya 11 4I'I 4 V? (9 q 011,s 17 � to f Cf ( Gi 7 % 'e- G) r^ L L,) /rt, �" G( Cp cr y�rz� / auo/ t(/C) } r u? December 23,2D2:1 CaseEV 21-07 Dear Chris teeseberg tPtannerj, I received a notice from the planning commis�on contenting case €V 21-07. l grew up and currently live on the property located at 137011850 Ave. The land was my grandparents and my parents buih two homes on that land. When i bought the property 1 understood it would eventually be 3 tots once city sewer and water was connected. My neighbor Jerry Waite bought his property knowing. there was access to his property from Naples St. and: understood that it came agthe-way to-myproperty. To vacate this eaSerlteM would make both my property and Jerrys property inaccessible for development. My Grandpa Chester Waite had this easement put in place back in the 1970's and was usedcontinu sysk"tgrewupatl3652.1850Ave.Stlittodaythis.easement isnsedona daily basis and has been upgraded to dass 5 and maintained by Jerry Waite for almost 30 years. I feettovacate this easement would be a bad idea for thisneighborhood along with the citys future development. I use this easement frequently to access the back of my property as there is no other way to access it because of trees and the (louse. Bruce Rahn is the son of Don and Dormer Rahn who gyed there previously. He was well aware of the easement in place and that this land was originally my grandparents. Not only myself lives here, but my cousin lives in the house that was Chester Waite's and my Aunt Alice Waite Wasnextto the easement and uses R on a regular basis to get to her backyard. Bruce will need to use the easement in order to access his.backgamge. Theaasement is.a driveway, its not open land that you would plant grass, flowers or trees. Bruce will continue to use it as a driveway ysotfeel them is no reason this easement needs tobevacated. Thank you for your time, Missy Mhzel 13701185" Ave. NW kikRiver, MN SSW asementVacation Rahn 7A 7 5 4118 4 4) '1 '3 0 4w Mr 75 8 0 25 7 13 6 75-384-0120 1 75-884-0115 185th Avenue Nortiv P� t Ll i, 9 11P ay 10 Nair h west Rahn Easel-rient Vacation Case No: Ear' 21-07 E ver isww EXISTING EASEMENT _ - - - 75-804-0245, t +r 75 -8 t 4-42 4() f 5 7-114-416 s,, 75 -a8 4--Gl 411 15-131-11 ► 75-�84—tb125 - +• i -i - 4r1xCwceptonl . IB5th Cirr4 Ni AIP.7F5l 4 - 7 J3 T5-��4-0105 75-U 4r Sj"I lU- 75A84--0 115 r 1651h Av emic° Norllruest I 0 I 0 f• r 75�94i 5 r s I EASEMENT Background ■ applicant requesting vacation so they can utilize their property without the restrictions noted in the easement language ■ Believes the only property being devalued is theirs ■ They are unable to fully use one-third of their property Easement ■ Purpose - to preserve a corridor for street and utilities if the property to the west was ever redeveloped into smaller lots once public sewer and water became available ■ Easement granted is for: ■ Street, utility, and drainage purposes ■ City has not yet needed or used the easement ■ Unless and until the city opens the easement for public use, there is no right of the public to use or maintain the easement area 1990 Lot Split ■ In 1990 ■ 2 parcels created ■ Subject parcel (1 acre), and ■ —4 acre parcel ■ This parcel was subject of future development during the easement discussion and requirement ■ Since 1990 ■ 4-acre parcel split into 2 parcels ■ Each developed with houses and accessory structures ORIGINAL LOT SPLIT Lot 1 N o- S0-'1- l v-.SL I/ 31l vjd i V,-- �AQ g aN o 8 Q 1?, `Gm a rsQ� t>1N�-yam �S o/ - . ;AmH •s -0 1 1 i i i I - ORIGINAL LOT SPLIT 1990 75'75'230 75TO 75-864-0165 r c. 10150 1101 75-884-0115 1-1460 75-131 1400 75 592-0105 ,j„ •� •, {" • 1 { ' Ask 75-131-1100 T5-131-1101 +� .• .. - 'tom .�-1 -�. _ 7!�-678-005 75-852-0110 � f f %f ,,- s ORIGINAL LOT SPLIT Lot 1 N o- S0-'1- l v-.SL I/ 31l vjd i V,-- �AQ g aN o 8 Q 1?, `Gm a rsQ� t>1N�-yam �S o/ - . ;AmH •s -0 1 1 LOT SPLIT SINCE 1990 k�� N "Al � R S��'1-1 EIYSL �� ,� 31ltyjH 1 +-j +-j 4-j i r a f 1 1 I I I- �.L / It,� I I T . 75Ts-0230 ORIGINAL LOT SPLIT - 1990 75-864-0165 r 75-131-1460 75-131 8-02 15 75-8840160 •- - 1 v �� ,� 75-084-0155 10150 `•ir - ti 75-131-1415 75-87>g-0210 75-884-002 S, a ti- 130 Ar 35 - ' ° 778-0205 75-131-1100 j T5-8840i25 75-892-0110 / f 75-131-140B N fr 75-131-1101 f - -�� 75_131-1405 __' • 110 75-884-0115 �i Avonue Noriliviest Land Locked ■ Several questions and comments regarding parcels being land locked (devalued) ■ If easement vacated, no parcel would become land locked ■ All the properties directly adjacent to the easement and 75-131- 1406 all have direct access to a public street ■ Two adjacent parcels meet or emceed minimum width (160') requirements ■ Lot directly west is only 150' width — error in report 0 I 0 T5 -li 5o EXISTING PRPERT1f A Z T 5-tV'14-0245 \75 -:SS POINTS i L-L 75 -13 4- 0 155 wo I -Alt 75-884-Dl J 5 75-aM4-014n 753-111 -11 (06 47 1Cwoeptcn�. 4 This Is not a s Opt, 75 - plies I B 5 th C irc 10 Nol'th.7P S I. ap 7 5 -9 �9 4-0121) T5-�F4-0105 7 5 -011 4-1Yl 10 75484-4) 115 16 5 111 AW e'jj�Ll,' NO[ 111Y.e$t City Services ■ Water is in 18 5 th Ave ■ Sanitary partially in 18 5 th Ave ■ Neither in Naples Street CITY SERVICES hi.&- A&MANO., .0, . —550' of services —245' of "new" street 6591 City Services ■ If services installed ■ Neighboring homes within 300-feet would be required to connect to the services: ■ New home is constructed/replaced ■ Septic system fails ■ When they sell their home S .5 VIA j a * me a A A 101111 1 a 0 h r4q Am I WMAI 00119 NO, 715-194-4160 75-8a. '01595 jt 75-04-0-145 IL -A � 76 185th Cil'CI4 Noltill.--rPst lY 18 5 Iti AV e.'IIL6V Morlhwest ,itODnoBpt on . This Is not a suW 75- 1 oa • Or F A-W CurrentAccess Routes ■ 3 area properties have direct public street access and utilize the easement 1 tl� arUti�f 75-13,1CCESS ROUTES 5-,sss 4-i, 19r f�-131-1�16Q lo r 75 134-0155 7544-A 145 F t ■ 5-294-012 5 I - This Is rok a suv�r. IB5th Circ14 Nol-tltr;9PPSt L � 75-9�94-0121)Tw a qq sa J7 Pticc d-5J #i-1f� 1 f.FJ--011. 0 il F r 75484-4? 1 15 1$5tEI AWe'iIlF+,' H011lrr:e:at 1 tl� arlh� 75-13,l=1445-- CURRENT ACCESS ROUTES 75 4-i, l9r Ir 7��-131-1�16Q 4 75 -13 4-0155 I 75-88"020 .... I 75 M 4-01 fit] � }-1 � 1-1 1 t►cP 7 5 -;i 9 4- 0 12 5 P I I T . onsmatanly. iB5th Circ14 Nol-till.'ePSI. a L 75-9,94-0121) I °- f5-�4-0105 75-0114-0110 � I 3'Tf 75484-4? 1 15 165111 W e'lIlL1,' rllnr 1lYr: :at Concept Plans ■ Staff generated four general concept plats ■ To show approximately what could be developed ■ 2 separate property owners to the west now F PLAT CONCEPT A Easement Used I5 ' 1 lot to west ■ 4 parcels mathematically ■ Lot 3 questionable M I131-1;46Q ■ 3 most likely ■ Likely not offset utility costs - 75A't,-, ,s 1 > 75-33 020 75 1 �i5-:i;i��}7�� 75- IB5th Cifele NvIIIII.VPSl Lr a ,D P5-��4-0105 75-0114-0110 75484? 1 I 1,5 v .. Tf h f � n a i 5-1:3 1 =1 � 1 R' 75-1;3�1-11[]7 Lew 1$5tli 7ev�i��+,PIInrRIY�r:�:at 40This Ig not a BMW. 0 PLAT CONCEPT B 7:5-804-0245 �1 75Afi� i 1i}5 t 4 7•'15) 31-1460 -�- 75-131-1444 ■ Easement Used 15 ■ 2 lots to west ■ 6 parcels mathematically ■ Lot 6? ■ May not offset utility costs -� ■ 8 lots west - compare ; '- r5 13;�;* � f 7,',-#54-Q145 -4h 06 �- -._ i 4 75 Sd-r1 [] 113-111-1146 M r - a - 75-99 4-012 5 . ; � s � 75 s )2 t3.�'. •7 1:3 11 ' 1 iU o r . C=Bpt cn1 . . This is loot a simmy. _ i a * 75-1:31-1101 , ` e f y 75-9,94-0121) n 75-��4-0105 75-0114-0110 TV 75-084-6 i 15 4V --- _ — _- - 1$5t1i ±►v�i��+,hllnrRlY�r:�:at (S-131 PLAT CONCEPT C ,: ---I TJ-804-0245 fT • No Easement Used 5 0 2 lots to west • Both houses kept ■ 7 parcels mathematically ■ Enough room? ■ Variance needed `` ,�' - 1 75 . 75 I B 5 th C irc 10 N4011111.7PSI. Lr 75-��4-0105 75-01J-1-0110 T'15 -13 1 1 146 0 .'lot 7 5 -9 �9 4-0121) TV 3"n= on n6bdod 1$5 III AW e'l I l L I,' H 011 11Y.e $ t 'T 5 13 2k. ,-Alt Ai CDnoptan This 1B not a away PF 00r 7 5 - 1,1J t� 2 - WOW PLAT CONCEPT D t No Easement Used 2 lots to west ■ Both houses removed ■ 10 parcels mathematically, 7,1 51) 75484-A)145 t75484 130 Ij 1 -4 7-9 36 4-01 W 7 7- 111 1 146 75-88 1 40.) ODnwptcnI . This Is not a sway. IB5th OF4714 N0IrtII'.VPS( 7 13 1 -4 T5 -ti19 4-0105 75-U+�)110 75AS4-6 11 E; 10 1- 16-5-1. hrAvI,@n.u.e Nnrllvue-.at 75-d In Public Comment ■ 75-131-1406 does not have access to backyard without traveling across the drain field ■ 1990 Lot Split Map is deceiving and incorrect ■ No turn lanes shown on concepts ■ Naples access better, fewer streets to maintain on 185" ■ Would like easement reduced to 33 feet, feels it is a win -win ■ Right-of-way is 60' or 66' ■ Concern with road width on one scenario I I I. I " - 11 V* L/1- I ORIGINAL LOT SPLIT - 1990 T clvoV VPVL^oayd zs A o/ ;,4mH -s•n Gin? r ORIGINAL LOT SPLIT - 1990 1 A�nil��i` Norlliwe .l If Vacated ■ Adjacent properties would not be land locked ■ Adjacent properties, as well as 75-131-1406, would maintain direct access to a public street ■ Future development could occur with establishment of a public right-of-way on the developed parcels ■ City services could be provided via 185th Avenue Action Requested ■ There does not appear to be any public benefit in maintaining the subject easement ■ Adopt, by motion, a resolution vacating the north 66 feet of 75- 131-1101 isww EXISTING EASEMENT _ - - - 75-804-0245, t +r 75 -8 t 4-42 4() f 5 7-114-416 s,, 75 -a8 4--Gl 411 15-131-11 ► 75-�84—tb125 - +• i -i - 4r1xCwceptonl . IB5th Cirr4 Ni AIP.7F5l 4 - 7 J3 T5-��4-0105 75-U 4r Sj"I lU- 75A84--0 115 r 1651h Av emic° Norllruest I