7.5 SR 08-19-2024The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
7.5
Meeting Date
August 19, 2024
Prepared By
Zack Carlton, Community Development Director
Item Description
Resolution 24-48 for Easement Vacation: 22345
Monroe St NW - Shari Rickers
Reviewed by
Zack Carlton
Cal Portner
Tina Allard
Action Requested
Adopt, by motion, Resolution 24-48 vacating existing drainage and utility easements with the condition that
the associated boundary line adjustment (P 24-07) is recorded prior to the vacation resolution.
Background/Discussion
The applicant, Shari Rickers of 22345 Monroe St NW, has requested the vacation of existing drainage and
utility easements on her property. She owns two adjacent parcels, PIDs 75-00101-3101 (22347 Monroe Street
NW) and 75-00101-3105 (22347 Monroe St NW), which are the subject of a property line adjustment (P 24-
07). Moving the property lines is a staff-level administrative action, however, this action places existing
drainage and utility easements and the existing property line in the middle of the new lot. If the easements are
not vacated, they could impact future use and development of the parcel.
Staff reviewed the requested vacation and does not have any concerns with the proposal. Once the property
lines are moved, the easements will not serve a public purpose. Staff recommends the adoption of the
resolution approving the easement vacation.
Financial Impact
None
Mission/Policy/Goal
Work with citizens to achieve goals
Meet changing needs - agile
Attachments
1. Location Map
2. Survey
3. Parcel Exhibit
4. Easement Vacation Resolution
5. Presentation
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City of Elk River
City Council
Resolution 24-48
A Resolution of the City Council of the City of Elk River Granting a Petition
by Shari Rickers (EV 24-03) to Vacate Drainage and Utility Easements
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 August 19, 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 Easement is appropriate as the area protected by the drainage
and utility easement will no longer serve a public purpose after the requested boundary line
adjustment has been recorded with Sherburne County, Case No. P 24-07.
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 drainage and utility easement, 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 19th day of August 2024.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
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Exhibit A
That part of the drainage and utility easement granted per Document No. 469936 and
Document No. 469937, described as follows:
A strip of land 10.00 feet in width over the North Half of the Southwest Quarter of Section
1, Township 33, Range 26, Sherburne County, Minnesota, the centerline of said 10.00 foot
wide strip is described as follows:
Commencing at a point on the South line of said North Half of the Southwest Quarter
distant 854.24 feet east of the Southwest corner thereof; thence South 89 degrees 07 minutes
51 seconds East, assumed bearing, along said South line, a distance of 1222.09 feet; thence
North 20 degrees 57 minutes 01 seconds East, a distance of 289.86 feet; thence North 22
degrees 34 minutes 06 seconds East, a distance of 200.81 feet to the point of beginning of
the centerline to be described; thence North 89 degrees 07 minutes 29 seconds West, a
distance of 1077.74 feet; thence South 00 degrees 52 minutes 31 seconds West a distance of
242.03 feet; thence North 89 degrees 07 minutes 29 seconds West, a distance of 318.00 feet;
thence South 00 degrees 52 minutes 31 seconds West, a distance of 217.00 feet to said above
described point of commencement and said centerline there terminating.
The sidelines of said 10.00 foot wide strip are to be prolonged or shortened to terminate on
a line drawn parallel with and distant 5.00 feet West of a line which bears North 22 degrees
34 minutes 06 seconds East and passes through the point of beginning, and the North line
of the South 5.00 feet of said North Half of the Southwest Quarter.
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Shari Rickers
Easement Vacation
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Background
§Vacate drainage and utility easements no longer
needed after lot line adjustments.
§Lot line adjustments do not require Council approval.
§Subject easements no longer required
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Easement Vacation
§Subject easements no longer serve a public purpose
after the requested lot line adjustment.
§No existing or planned utilities along alignment.
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Actions Requested
Adopt, by motion, a resolution vacating the drainage and
utility easements outlined in the resolution and subject to
the one (1) condition.
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