7.8. SR 06-21-1993
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ITEM 7 . 8 .
TO: MAYOR AND CITY COUNCIL
.
I r FROM: STEPHEN ROHLF, BUILDING & ZONING
ADMINISTRATOR
DATE: JUNE 9, 1993 S'R
SUBJECT: EASEMENT VACATION BY DENNIS GREEN/
PUBLIC HEARING, CASE NO. EV 93-03
APPLICANT
Dennis Green, 14028-202 Avenue NW, Elk River, MN, represented
by Grady Foss, of Elk River.
REQUESTED ACTION
Vacation of a portion of the drainage and utility easement on
Lot 4, Block 2, Meadowvale Woods.
SITE ZONING
RIa/Single Family Residential
SURROUNDING ZONING
RIa/Single Family Residential - all directions
LEGAL DESCRIPTION
A portion of the drainage and utility easement on Lot 4, Block
2, Meadowvale Woods. A complete legal description can be found
on the attached site plan and resolution. A map showing the
general location of the affected property is also attached.
OVERVIEW
When Meadowvale Woods was platted, Lot 4, Block 2, was designed
with a buildable area outside of drainage and utility easements
in approximately the NE 1/4 of the lot. The rest of this lot
contains some wetlands, however, the drainage easements were
not limited to just wetlands. It was easier for the developer
at that time to put the remainder of the lot in easements and
not do the surveying needed to define the actual areas that
needed to be in easements. The result is there is high ground
on this lot that does not need to be in a drainage easement.
The existing house on this lot is situated on property that was
formerly within drainage easement. That portion of the lot
went through an easement vacation in 1990.
Mr. Green desires to construct a detached accessory structure
on a portion of his lot that is currently within an utility and
drainage easement. Terry Maurer, City Engineer, has reviewed
P.o. Box 490 @ 13065 Orono Parkway e Elk River, MN 55330 Q) (612) 441-7420 0 Fax: (612) 441-7425
EV, Dennis Green
June 9, 1993
Page 2
this request and concurs that it appears the portion of
easement proposed to be vacated is not needed as easement.
RECOMMENDATION
Staff is recommending approval of this easement vacation with
the stipulation that staff verifies that wetland is not
included in the vacation prior to recording it. However, to
verify that no portion of wetland is being vacated as drainage
easement, the proposed area to be vacated must be appropriately
staked on the ground. There is a resolution attached to this
memo reflecting this approval.
June 14, 1993
File No: 230-186-11
Mr. Steve Rohlf
Building and Zoning Administrator
City of Elk River
13065 Orono Road
Elk River, MN 55330
RE: Lffi 4, BLOCK 2 MEADOWVALE WOODS EASEMENT VACATION
Dear Mr. Rohlf:
As requested, we have reviewed the easement vacation request submitted by Mr. Grady Foss for
Lot 4, Block 2 Meadowvale Woods. The request is to vacate approximately 2200 square feet
of drainage and utility easements to allow for the construction of a garage. A review of the site
indicates the vacation will have no negative affect on the drainage area. However, the standing
\Vater on the site would indicate that a large portion of this drainage and utility easement is
actually wetland.
We would recommend that the easement vacation be granted contingent upon the site being
accurately staked in the field such that a final review can be made to determine that none of the
vacated area is a portion of the wetland.
If you have any questions regarding these comments, please call us.
Sincerely,
MAIER STEWART & ASSOCIATES, INC.
/~(j;J; CUV?AJ
Terry ;vg~~~: P.E.
TJM:db
186-1401.jun
1959 SLOAN PLACE. SUITE 200, ST. PAUL, MINNESOTA 55117 612-774-6021
9800 SHELARD PARKWAY, SUITE 102, MINNEAPOLIS. MINNESOTA 55441 612-546-0432 · Equal Opportunity Employer
RESOLUTION 93 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE EASEMENT
WHEREAS, a majority of the property owners abutting the
drainage easement have requested the City Council in a
petition dated May 25, 1993, to vacate such easement
according to law; and,
WHEREAS, a public hearing was held on June 21, 1993, 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 June 7, 1993, 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 easement described as follows
is hereby vacated:
Commencing at the point of intersection of the existing
easement and the right-of-way line of 202nd Avenue NW, said
point being 199.31 feet southwesterly of the easterly most
corner of Lot 4, Block 2, MEADOWVALE WOODS, as measured along
said right-of-way; thence North 54 degrees 49 minutes 41
seconds West along said existing easement a distance of 125.00
feet to the point of beginning of the land to be described,
said point is referred to as point A; thence continuing North
54 degrees 49 minutes 41 seconds West a distance of 63.00 feet;
thence North 35 degrees 10 minutes 19 seconds East a distance
of 42.00 feet; thence South 54 degrees 49 minutes 41 seconds
East a distance of 40.45 feet to a point on the said existing
easement line; thence South 6 degrees 56 minutes 32 seconds
West along said easement line a distance of 47.67 feet to the
point of beginning.
Adopted by the Elk River City Council this
/ 1993.
day of
Henry Duitsman, Mayor
ATTEST:
Sandra Thackeray, City Clerk
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SHERBURNE COUNTY ABSTRACT & TITLE CO.
PAT RASMUSSON
PRESIDENT
CATHY BAILEY
SEC.rrREAS.
BONI CULLEN
MANAGER
Based on the examination of real estate records I find the following are
property o\vners within 350 foot radius of the land described as
Lot 4, Block 2, Meadowvale Woods
Ronald Johnson, 20364 Meadowvale Rd NW, Elk River,}~ 55330
Richard Lupu, 20370 Meado\~a1e Rd Ni~, Elk River, MN 55330
Thomas Keely, 14084 202nd Ave. NW, Elk River, MN 55330
Gregory Beaudoin, lL~069 202nd Ave. mv-, El1.c River, MN 55330
Roy Erickson, 14085 202nd Ave. NW, Elk River, MN 55330
Gary Balcom, 14054 Victoria Lane NW, Elk River, MN 55330
Gary:Martin, 11755 191~ Ave. mv, Ell\: River, MN 55330
Cathleen Hopkins, 14043 Victoria Land ~~, Elk River, ~m 55330
Terry Elliott, 14051 Victoria Lane, Elk River, MN 55330
Gary Buboltz, 20355 Meado\vvale Rd J\1W, Ell\: River, MN 55330
Steven Pullar, 20343 Meado\vvale Rd. ~~, Elk River, ~lli 55330
St. Louis Park Sportsman Club, 9060 Weston Lane N., ~fuple Grove, MN 55311
John Coleman, 20250 Meado\vvale Rd. 1~~, Elk River, MN 55330
Leonard Heinen, 20301 Meadowvale Rd. m~, Elk River, ~m 55330
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