7.6 SR 03-17-2025The 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
7.6
Meeting Date
March 17, 2025
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Resolution 25-11: Easement Vacation for 13566
185th Ave NW, Kwik Trip
Reviewed by
Zack Carlton
Cal Portner
Tina Allard
Action Requested
Adopt Resolution 25-11 vacating drainage and utility easements subject to the condition that the lot
combination is recorded prior to the vacation resolution.
Background/Discussion
The two lots located at 13530 and 13566 185th Avenue, within the Fox Haven Commercial plat, share 5-foot
Drainage and Utility Easements along the center property line. These easements are designated specifically for
drainage and utility purposes, serving only the two parcels.
Kwik Trip is requesting to vacate these easements to facilitate the combination of the two lots for their future
motor vehicle service station. This review pertains solely to the easement vacation and does not involve the
property's intended use, which is permitted under the ordinance.
Staff has no concerns regarding the requested easement vacation, as its removal presents no public benefit
concerns and supports the lot combination and development of the site.
Financial Impact
None
Mission/Policy/Goal
Meet changing needs - agile.
Attachments
1. Location Map
2. Vacation Exhibit
3. Resolution
4. 7.6 Kwik Trip 3-17-2025
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U.S.HIGHWAYNO.10 & 52185TH AVE. NW SERVICE ROADf:\jobs\11161 - 11180\11176 - kwik trip 1796 - elk river mn\cad c3d\survey\11176-vacation description.dwgSave Date:12/27/24 Vacation Description SketchRevisions:Drainage and Utility EasementPage 281 of 304
City of Elk River
City Council
Resolution 25-____
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 March 17, 2025, 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 drainage and utility easement is appropriate as the adjacent
parcels will be combined and easements separating the two parcels are no longer required.
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 as the parcels are being combined.
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 March 2025.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Page 282 of 304
Exhibit A
Page 283 of 304
Kwik Trip
Easement Vacation
Page 284 of 304
Background
§Easement Vacation
§Two lots share 5-foot drainage/utility easements
§Serves only the two parcels
Page 285 of 304
Background
§Square bullets
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Background
§Facilitate the combination of two parcels
§Future gas station/car wash
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Background
§Tonight's review pertains solely to the EV
§Does not involve the property's intended use
§Permitted under the ordinance
§Administratively reviewed
§Staff has no concerns regarding the requested EV
§Its removal presents no public benefit concerns
§Supports the lot combination and development of the
site
Page 289 of 304
Action Requested
§Adopt Resolution 25-___ vacating drainage and utility
easements subject to the condition that the lot
combination is recorded prior to the vacation resolution
Page 290 of 304