7.4 SR 02-20-2024Request for Action
To
Item Number
Mayor and City Council
7.4
Agenda Section
Meeting Date
Prepared by
Public Hearings
February 20, 2024
Zack Carlton, Community Development Director
Item Description
Reviewed by
Easement Vacation: PID 75-00136-2400, US Home
Chris Leeseber , Senior Planner
Reviewed by
LLC
Cal Portner, City Administrator
Action Requested
Adopt, by motion, a resolution vacating drainage, utility, and right-of-way easements as described in the attached
resolution and subject to the condition that a 10-foot drainage and utility easement is added to Outlot A of
Bradford Park to preserve access for the existing sanitary sewer line.
Background/Discussion
(Case No. EV 24-02)
The City Council approved the preliminary and final plat of Bradford Park in the fall of 2023. The applicant is
preparing to record the plat and begin development of the residential project. One of the final reviews prior to
recording the plat includes a review of the title work by Sherburne County.
It was during this review that two existing easements were identified which should be vacated prior to recording the
final plat. The easements were created to provide maintenance access for the trunk utilities that were installed as
part of the River Park/Miske Meadows project. The Bradford Park Subdivision connects to these same utilities and
access to them is provided by the right-of-way and easements on the proposed final plat.
The easements proposed to be vacated have served a public purpose by providing access to existing public utilities
and the requested vacation is appropriate as the same access will be provided by the plat of Bradford Park.
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of the residential community.
Attachments
■ Location Map
■ Applicant's Narrative
■ Easement Exhibit
■ Final Plat of Bradford Park
■ Resolution
The Elk River Vision
A n elcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
p I I E I E 0 IY
NATUREI
Updated.• January 2023
75-? 13Ei .11 �2
75-Q4644-�M011 7�-1 � 11 i i
75-00136-Z400
75073T_Q115
. ., 75-Q073T-U11a r
15-00136-3340 - 4136-
US Home LLC /Lennar
Easement Vacation
Case No: EV 24-02
City of
Elk
River
a
FEBRUARY 8, 2024
Zack Carlton, AICP
Community Development Director
City of Elk River
13065 Orono Pkwy
Elk River, MN 55330
763-635-1035
RE: EASEMENT VACATION NARRATIVE
BRADFORD PARK SUBDIVISION
Zack,
Lennar submitted an Easement Vacation request on February 7, 2024 to accompany the Final Plat for the proposed Bradford
Park Subdivision. Enclosed is an exhibit and legal description of the areas to be vacated. The area to be vacated is an 80-ft
utility and drainage easement that overlaps with proposed buildable lot areas for the Bradford Park Subdivision. New
easements can be established to align with the drainage and utility locations with the subdivision development.
Please contact us at 952-426-0699 or via email at Andrea.Rand@ISGlnc.com or at Whitney.Behny@ISGINc.com with any
questions or if there is any additional information we can provide in support of this project.
Sincerely, pp
Andrea Rand, AICP
Project Coordinator
Whitney Behny, PE
Project Manager
7900 International Dr Ste 550, Bloomington, MN 55425
952-426-0699 + ISGlnc.com
Architecture + Engineering + Environmental + Planning
1\
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NW Corner
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-=- R/WEasement
Per Doc. No. 618646
To Be I/acated
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OWNER'S PARCEL
The South Half of the Northwest Quarter; the Southwest Quarter of the Northeast
Quarter; the North Half of the Southwest Quarter; the Southeast Quarter of the
Southwest Quarter; the Southwest Quarter of the Southeast Quarter; and the
Northwest Quarter of the Southeast Quarter, Section 36, Township 33, Range
26, except:
The East 660 feet of the South 660 feet of the North 936 feet of the Northwest
Quarter of the Southeast Quarter of said Section 36.
And also excepting
The West 825 feet of the North 550 feet of the South 600 feet of the Southwest
Quarter of the Southeast Quarter; together with that part of the East 75 feet of
the Southeast Quarter of the Southwest Quarter lying South of the Westerly
extension of the North line of said South 600 feet of the Southwest Quarter of the
Southeast Quarter, all being part of Section 36, Township 33, Range 26.
EASEMENT VACATION DESCRIPTIONS:
Doc. No. 618644
An 80-foot easement for drainage and utility purposes over, under and across the
Owner's Tract, the centerline of said easement being described as follows:
Commencing at the northwest corner of the South Half of the Northwest Quarter
of said Section 36; thence on an assumed bearing of South 89 degrees 14
minutes 43 seconds East, along the north line of said South Half of the Northwest
Quarter, a distance of 322.82 feet to the point of beginning of the centerline to be
described, thence South 05 degrees 26 minutes 18 seconds West a distance of
186.67 feet; thence southerly a distance of 126.11 feet along a tangential curve
concave to the East, having a radius of 500.00 feet and a central angle of 14
degrees 27 minutes 03 seconds, thence South 09 degrees 00 minutes 44
seconds East, tangent to said. curve, a distance of 190.78 feet, thence southerly
a distance of 130.28 feet along a tangential curve concave to the West, having a
radius of 400.00 feet and a central angle of 18 degrees 39 minutes 40 seconds;
thence South 09 degrees 38 minutes 55 seconds West, tangent to last described
curve, a distance of 179.75 feet, southeasterly a distance of 255.00 feet along a
non -tangential curve concave to the northeast, having a radius of 200.00 feet and
a central angle of 73 degrees 03 minutes 08 seconds and a chord that bears
South 30 degrees 08 minutes 43 seconds East and said line there terminating.
Doc. No. 618646
An easement for right of way purposes over, under and across the Owner's Tract
which lies 40 feet southerly and parallel with the following described line:
Commencing at the northwest corner of the South Half of the Northwest Quarter
of said Section 36, thence on an assumed bearing of North 0 degrees 22 minutes
43 seconds West, along the west line of said Northwest Quarter, a distance of
119.71 feet to the point of beginning of the centerline to be described; thence
South 66 degrees 18 minutes 38 seconds East a distance of 236.14 feet; thence
southeasterly a. distance of 140.10 feet along a tangential curve concave to the
northeast, having a radius of 350.00 feet and a central angle of 22 degrees 56
minutes 04 seconds, thence South 89 degrees 14 minutes 43 seconds East,
tangentto said curve and along the north line of said South Half of the Northwest
Quarter, a distance of 1084.73 feet and said centerline there terminating.
MARK A. SCHWANZ
61
DATE 2/9/24 Llamo 45817
LENNAR HOMES
BRADFORD PARK
DEVELOPMENT
(PHASEI)
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City of
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City of Elk River
City Council
Resolution 24-
A Resolution of the City Council of the City of Elk River Granting a Petition
to Vacate a Drainage, Utility, and Right -of -Way Easements,
Case No. EV 24-02
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
easements legally described in Exhibit A ("Easement") and depicted in Exhibit B; and
WHEREAS, a public hearing on said petition was held on February 20, 2024, 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 Easements are appropriate as the maintenance access and
rights provided by them will be replaced by right-of-way and easements with the plat of
Bradford Park.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
1. The above recitals are incorporated as if fully set forth herein.
2. The petition to vacate the easements, as described in Exhibit A, is hereby granted.
3. The City Clerk is directed to file a certified copy of this Resolution with the
Sherburne County Recorder. Vacation of the drainage and utility easement described
in Exhibit A shall be effective at the time of recording.
Passed and adopted this 20`' day of February 2024.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
POWERED 91
4A UR
Exhibit A
Doc. No. 618644
An 80-foot easement for drainage and utility purposes over, under and across the Owner's
Tract, the centerline of said easement being described as follows:
Commencing at the northwest corner of the South Half of the Northwest Quarter of said
Section 36; thence on an assumed bearing of South 89 degrees 14 minutes 43 seconds East,
along the north line of said South Half of the Northwest Quarter, a distance of 322.82 feet
to the point of beginning of the centerline to be described; thence South 05 degrees 26
minutes 18 seconds West a distance of 186.67 feet; thence southerly a distance of 126.11 feet
along a tangential curve concave to the East, having a radius of 500.00 feet and a central
angle of 14 degrees 27 minutes 03 seconds; thence South 09 degrees 00 minutes 44 seconds
East, tangent to said curve, a distance of 190.78 feet; thence southerly a distance of 130.28
feet along a tangential curve concave to the West, having a radius of 400.00 feet and a central
angle of 18 degrees 39 minutes 40 seconds; thence South 09 degrees 38 minutes 55 seconds
West, tangent to last described curve, a distance of 179.75 feet; southeasterly a distance of
255.00 feet along a non -tangential curve concave to the northeast, having a radius of 200.00
feet and a central angle of 73 degrees 03 minutes 08 seconds and a chord that bears South 30
degrees 08 minutes 43 seconds East and said line there terminating.
Doc. No. 618646
An easement for right of way purposes over, under and across the Owner's Tract which lies
40 feet southerly and parallel with the following described line:
Commencing at the northwest corner of the South Half of the Northwest Quarter of said
Section 36; thence on an assumed bearing of North 0 degrees 22 minutes 43 seconds West,
along the west line of said Northwest Quarter, a distance of 119.71 feet to the point of
beginning of the centerline to be described; thence South 66 degrees 18 minutes 38 seconds
East a distance of 236.14 feet; thence southeasterly a distance of 140.10 feet along a
tangential curve concave to the northeast, having a radius of 350.00 feet and a central angle
of 22 degrees 56 minutes 04 seconds; thence South 89 degrees 14 minutes 43 seconds East,
tangent to said curve and along the north line of said South Half of the Northwest Quarter,
a distance of 1084.73 feet and said centerline there terminating.
P O W E R E D 0 Y
4A fUR
Exhibit B
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