7.2b SR 05-16-2022Request for Action
To
Item Number
Mayor and City Council
7.2b
Agenda Section
Meeting Date
Prepared by
Public Hearings
May 16, 2022
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Easement Vacation: Elk River Extreme Motor
Zack Carlton, Community Development Director
Park (ERX)
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, a resolution vacating a drainage and utility easement with the following condition:
1. The resolution will not be released for recording until all conditions of approval for PE 22-01 have been
satisfied.
2. The resolution vacating the easements shall be recorded immediately prior to the recording of the Platted
Exemption (PE 22-01).
Background/Discussion
EV 22-01 - The easement vacation supports the boundary line adjustment proposed with the plat of Aggregate
Commercial Sixth Addition. Additionally, the proposed Conditional Use Permit update for the ERX facility (CU
22-09) requires the platting of property to bring the expansion of the large track into compliance. As a result, an
approximately 10' x 970' drainage and utility easement will remain in the location of the track.
Staff has no concerns or issues with the easement vacation as there are no public benefits to maintaining it and
recording the new plat will replace the easements in the appropriate locations around the perimeter of the platted
lot.
Staff spoke with two residents regarding the easement vacation request, and they had no concerns with the
easement vacation after understanding what it was about.
Financial Impact
None
Mission/Policy/Goal
■ Responsibly grow, Meet changing needs — Agile
Attachments
■ Location Map
■ Easement Vacation Exhibit
■ 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
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EASEMENT VACATION EXHIBIT
PROPOSED DESCRIPTION:
That part of Lot 1, Block 1 AGGREGATE COMMERCIAL FIFTH EDITION, according to
the recorded plat thereof, Sherburne County, described as follows:
Commencing at the southeast corner of said Lot 1; thence North 0 degrees, 13
minutes, 41 seconds East assumed bearing along the east line of said Lot 1 a
distance of 256.14 feet to the point of beginning of the land to be described;
thence North 27 degrees 45 minutes, 3 seconds West along said east line a
distance of 966.84 feet; thence South 38 degrees 49 minutes 42 seconds West
a distance of 10.90 feet to the intersection with a line 10 feet southwesterly of
and parallel to said east line; thence South 27 degrees, 45 minutes, 3 seconds
y� East, along the last described line a distance of 960.02 feet; thence North 77
�o teary degrees 0 minutes 42 seconds East a distance of 10.02 feet to said point of
beginning.
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A LINE 10 FEET
SOUTHWESTERLY OF gyp\ sq
AND PARALLEL TO THE
EAST LINE OF LOT 1 Oa '
UTILITY AND DRAINAGE EASEMENT
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_ DENOTES AREA OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED
AREA = 9,634 SO.FT.
—EAST LINE OF LOT 1
POINT OF BEGINNING
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N D E R S O N
Anderson Engineering of Minnesota,
13605 tat Avenue North, Swte l00
Plymouth, MN 55441
SCALE IN
FEET
ENGINEERING • ARCHITECTURE • LAND SURVEYING
ENVIRONMENTAL SERVICES • LANDSCAPE ARCHITECTURE
763-412-4000(o) 763-412-4090(f)
mw.ae-mn.com
City of
Elk
*l
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 Drainage and Utility Easement
WHEREAS, vacation of the drainage and utility easement is appropriate as the property
owner is re -platting the area will replace the easements with the appropriate similarly located
easements along the perimeter of the property; and,
WHEREAS, 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 May 16, 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 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.
B. The required drainage and utility easements will be replaced with the plat of
Aggregate Commercial Sixth Addition.
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 161h day of May 2022.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Exhibit A
That port of Lot 1, Block 1 AGGREGATE COMMERCIAL FIFTH E0Tl0N, according to
the recorded plat thereof. Sherburne Count}, described as follows:
Commencing at the southeast corner of said Lot 1; thence North O degrees, 13
minutes, 41 seconds East assumed bearing along the east line of said Lot 1 o
distance of 25614 feet to the point of beginning of the land to be described;
thence North 27 degrees 45 minutes, J seconds West along said east line o
distance of 986.84 feet; thence South 38 degrees 49 minutes 42 seconds West
o distance of 10.98 feet to the intersection with o line 10 feet southwesterly of
and puroUa| to said east line; thence South 27 degrees, 45 minutes, 3 seconds
Eoot, along the |oat described line o distance of 960.02 feet; thence North 77
degrees O minutes 42 seconds East o distance of 10.02 feet to said point of
beginning.