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6.8. SR 05-15-2006 City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Plannin Ma 15,2006 Item Description Resolution to Vacate Certain Drainage & Utility Easements in Kingdom Estates, as Requested by James/Stephanie Zaczkowski Introduction Item Number 6.8. Prepared by Chris Leeseber Reviewed by Scott Clark The request is to vacate a drainage and utility easement between lots 2 and 3 of Kingdom Estates 3rd. The existing septic system for the house on lot 3 abutted the property line. The required setback for septic systems is 10 feet. The lot line between lots 2 and 3 was adjusted during the platting process so that the setback requirements could be met. Attachments Location Map Resolution No. 06-_ Action Requested Staff is recommending that the City Council approve the request. Council Action Motion by _ Second by _ Follow Up Vote S:\pLANNING\Case Files\2006\EV\EV 06-03 Kingdom Estates\Request Council Action.doc RESOLUTION 06 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING A DRAINAGE AND UTILITY EASEMENT Case No. EV 06-03 WHEREAS, the applicant has requested the City Council in a petition dated April 21, 2006 to vacate such easements according to law; and, WHEREAS, a public hearing was held on May 15, 2006, before the City Council at the Elk River City Hall on such petition after due published and posted notice had been given as well as personal notice to affected property owners on May 5, 2006 and all persons interested were given an opportunity to be heard; and, WHEREAS, it appears that it will be in the best interest of the City to approve such petition. NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and the drainage and utility easement described as follows is hereby vacated: Exhibit A Adopted by the Elk River City Council this 17th day of April, 2006. Larry Farber, Vice Mayor ATTEST: Joan Schmidt, City Clerk EXHIBIT A Page 1 LEGAL DESCRIPTION FOR VACATION OF DRAINAGE AND DRAINAGE & UTILITY EASEl'v1ENTS' FOR PLAT OF KINGDOM ESTATES Those drainage easements and drainage and utility easements as shown on Lots 1 and 2, Block 2, KINGDOM ESTATES, according to the recorded plat thereof, Sherburne County, Minnesota. ~!-"l II i ~~ I J ^ c ^ 1'\; . I )006 lL:~Drci Ap r. ~ I ... V EXHIBIT A Page 2 ^ + DAderson & Assoc. Dogar~! ,... "y it:. "- "- "- "- "- "- "- "- ) I I I f - - \ \ \ -t- \ I , . i II , II I I I .... S ~ <1\ g 't:i III l!'J C g. .. ~ ~ ~ .l::: Vi "i( llJ ::: ~ !t ~ .e g. \.:I ... t ~~ I CII C5 oQ . I Q) \.:12 :3~", ~:l(Q "'tl.E~ ll""Vl t~ &; I::! R ;:s O~Vl ct ~ loJ I ~, CO, 1 /(~~ / , I \ No.S60S p. 2 , ad '" l<i. :s: I O~ -.'lIit .. -:~ -. - \"\Je 5S I