7.2 SR 01-17-2023it ci
Elk*
River
Request for Action
To
Item Number
Mayor and City Council
7.2
Agenda Section
Meeting Date
Prepared by
Public Hearings
January 17, 2023
Zack Carlton, Community Development Director
Item Description
Reviewed by
Easement Vacation: Drainage & Utility
Chris Leeseber , Senior Planner
Reviewed by
Easement, Ben Olson — PID 75-453-0115
Cal Portner, City Administrator
Action Requested
Adopt, by motion, a resolution vacating a drainage and utility easement upon condition the applicant prepare and
record an easement protecting and preserving access to County Ditch 28.
Background/Discussion
The applicant, Benjamin Olson, requests vacation of a drainage and
utility easement that was dedicated with the plat of Fairhaven Hills in
1987. The plat includes a series of drainage and utility easements
intended to preserve and protect county ditch 28. Unfortunately, a
recent review by the applicant, his surveyor, and Sherburne County
have found the easement does not align with the current location of
the county ditch.
The applicant, having purchased the property with the intent of
building a single-family home, requests the current easement be
vacated to accommodate the placement of his home. The proposal
includes a new drainage and utility easement preserving access and
protecting the county ditch in the correct location. The Sherburne
County ditch and drainage technician has reviewed this proposal and
their approval is attached for the record.
Staff recommends vacation of the drainage and utility easement as the
current location does not serve the intent of the recorded easement,
and a replacement easement, in a location approved by Sherburne
County, will be recorded in its place.
Figure I
Financial Impact
None
Mission/Policy/Goal
■ Supports the growth and development of the community.
■ Work with residents to solve documented concerns.
The Elk River Vision
A n elcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
CR 12
�P
P I I E I 1 0 IY
NATURE
Updated. August 2020
Attachments
■ Location Map
■ Applicant's Narrative
■ Easement Vacation Exhibit
■ Sherburne County Letter
■ Resolution
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75-453-0225 ,
Olson
Easement Vacation
75-453-0125 7
75-05
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75-453-0255
Case No: EV 22-04
Elk
River
CitizenServe File EV 22-01
Benjamin Olson
This request is to align the County Drainage & Utility Easement with the drainage ditch. The ditch currently
sits toward the north side of the property and runs west to east. It is uncertain if the ditch has been moved or
if the easement was plotted incorrectly in 1989, when the Fairhaven Hills neighborhood was platted.
Note: County Ditch Inspector, Michael Lindenau, has reviewed and approves this relocation.
r
PID: 75-5/5-0140 PID: 75-4.53-0120
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o/LatJ — N 89°3/'48" E 155.70 — —
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ot \1.
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II Prapaaetl Ditch 11
ainage Easement
PID: 75-4.53-0/05 / I I
$ I — 28./1 _
Stu1�
1 A. IS
Certificate of Surrey
-- for
Ben Olson
Lot 3 Block i, FAIRHAVEN HILLS
— - - City of Elk River, Sherburne County, Minnesota
Section 19, Township 3$ Range 26
Property Desc lbtlon-
Lot J, Black 1, FAIRHAVEN HILLS, Sherburne County, Minnesota.
so.7� Survey Not�ea: as re
1 Th,s y was performbenefit ed w,thaut the of a bort. title repNo search
far restrictions ore meets w made by the surveyor
2. Bearings are bas', an the plat aof FAIRHAVEN HILLS, said plat w corded
June /8th 1987.
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PID: 75-453-0110 PID: 75-453-0115
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LEGEND-
0enotes
/ound iron monument
Denotes found rebor
Denotes mailbox
Denotes septic clean —
Denotes electric service
Denotes sanitary manhole
Denotes tsMlahone pedestal
Denotes cable telewsion box
Denotes s 9 boring
Denotes well
Denotes wetland
Denotes tree, deciduous
LS 8194
Denotes Jahn Oliver, LS
LS 15233
Denotes Dennis T°r+ar, LS
Denotes bituminous sur/ace
Denotes gravel surface
— — — — — —
Denotes easement
—
Denotes existing adjoinere
Denotes wetland
Denotes mow fine
PJppoaed Ditch Drainage Easement:
That part a/ Lof Black 1, FAIRHAVEN HILLS, Sherburne Cangle
Minnesota lying 3300 feet North M, as measured at t co, angle to, the
following described line: Commencing of the Northwest c mer of said Lot
J. thence southerly along the West line o/ said Lot J. a dfstonce of
IBL50 feet to the paint of beginning of the line being described; thence
asterly, deflecting to the left 91 degrees 52 ,mutes 48 seconds, a
distance o/ 155. 77 feet to the East line of said Lot 3 and said line there
terminating.
The side line shill be prolonged ar shortened to terminate at the East
and West lines of sold Lot 3.
Easement Vacation Desc*tlon:
That port of a JJ.00 foot w/de Drainage and Utility Easement an Lot 3,
Block 1, FAIRHAVEN HILLS, Sherburne Counfy, Minnesota ly4ng J300 feet
North a/, as
m o d of right angles to, the fo//awing described line:
Commencing at the Northwest c a/ said Lot 3, thence southerly
along the West line of said Lot 3, ar distance of 24850 to the point of
begmnmg a/ said line being described.. thence Eostedy. Wang the South
line of said Drainage and Utility Easement to a point an the East line of
said Lot J distant 238.04 feet South of the the Northeast comer of
said Lot 3 and said line there terminating.
EXCEPT
The East 10.00 feet and the West 10.00 feet of said Lot J. Black /
Ora nage and Utility Easements are
shown thus
la
--al---J L— OL---
N.T.S.
Being 10 feet in width and adjoining
front lot Ines, also being 10 feet in
width and adjoining side and rear
lot lines less oo the-ise note
d.
SHERBURNE Michael Undenau
C D U N T y Hitch and Drainage Technician
Sherburne County Public Works
13880 Business Center Drive NW Ste #100
Elk River, MN 55330
i
763-765-3362
DATE: November 2, 2022
TO: The City of Elk River
FROM: Michael Lindenau, Ditch and Drainage Technician
SUBJECT: Drainage Easement
City of Elk River,
1, Michael Lindenau (County Ditch Inspector), have reviewed the proposal by Benjamin Olson to Vacate
& Move the Utility & Drainage Easement on Lot 3, Block 1 of the Fairhaven Hills Neighborhood in Elk
River, I was present during the survey process completed by Craig Wensmann of Bogart, Pederson &
Associates Inc. This is my formal approval of the attached description to move said easement.
For further concern/questions please contact me at Mike.LindenaljLi co.sherburne mn.us or at 763-765-
3362.
Michael Lindenau
County Ditch Inspector
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, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks'
published and posted notice of the hearing and after mailing written notice of the hearing at
least ten (10) days before the hearing to each property owner affected by the proposed
vacation, the Elk River City Council has conducted a hearing to consider the vacation of the
easement legally described on the attached Exhibit "A" ("Easement"); and
WHEREAS, a public hearing on said petition was held on January 17, 2023, 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; and
WHEREAS, vacation of the Easement is appropriate as protections established by the
Easement will be replaced with the recording of a new drainage and utility easement in the
correct location as approved by Sherburne County.
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
will be replaced with a drainage and utility easement in a location approved
by Sherburne County.
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 17th day of January 2023.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Exhibit A
Easement Vacation Description:
That part of a 33.00 foot wide Drainage and Utility Easement on Lot J,
Block /, FAIRHAVEN HILLS, Sherburne County, Afinnesoto lying 33.00 feet
North of, as measured at right angles to, the following described line:
Commencing at the Northwest comer of said Lot J, thence southerly
along the West line of said Lot 3, a distance of 248.50 to the point of
beginning of said line being described, thence Easterly, along the South
line of said Drainage and Utility Easement to a point on the East line of
said Lot J, distant 238.04 feet South of the the Northeast corner of
said Lot 3 and said line there terminating.
The East /0.00 feet and the West /0.00 feet of said Lot 3, Block I
sementVac tion
V 22=04
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7553-0205 75-453-0210
75353-0215 75 453-1f110
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75-453-0220
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75-453-0255
75-453-0225 _ .
Olson Case No: EV 22-04
EL
Easement Vacation River -
Background
■ Request to vacate/relocate D/U easement.
■ Plat of Fairhaven Hills dedicated the easement in 1987
■ Protects ditch 28
■ Easement does not reflect current location of the ditch
■ Review by Sherburne County confirms finding
■ A new easement will be recorded along correct alignment
■ Applicant also applied for a variance to support driveway
encroachment along wetland buffer — no impacts to wetland.
■ BOA will review on January 24, 2023
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Certificate of Survey
for
Ben Olson
Lot 3 Mock X FAIRHAVEN HILLS
E iM70
City of Elk River, Sherburne County, Minnesota
Section 19, Township 3,-Range 26
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1�; Aff
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Review Standards
■ Staff's review shows the request to be in the public's benefit and
recommends approval of the vacation.
■ The city has received four calls from nearby residents with
questions about the project.
■ Staff reviewed the request with the callers and there were no
further questions or concerns about the proposal.
■ One resident had questions regarding ditch maintenance
and was directed to Sherburne County.
Action Requested
■ Adopt, by motion, a resolution vacating a drainage and utility
easement upon condition the applicant prepare and record an
easement protecting and preserving access to ditch 28.
1 IY£sr 1!� �rc nxr of Sec 19, T. 332 �R.
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