6.3. SR 10-18-1993
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ITEM 6.3
TO:
MAYOR AND CITY COUNCIL
STEVEN B. ACH, CITY PLANNE~
FROM:
DATE: OCTOBER 18, 1993
SUBJECT: EASEMENT VACATION BY WEICHT AND
ASSOCIATES ALONG WITH PLAISTED
INVESTMENTS/P.H., CASE EV 93-04
ISSUE
Vacation of drainage and utility easement along side lot lines
in The Crossroads plat.
LOCATION
Yale Street and Highway 10 - The Crossroads plat.
ATTACHMENTS
Location Map, Resolution.
ANALYSIS
The subject property was originally platted as five individual
commercial lots. All of the lots have appropriate drainage and
utility easements recorded on the plat to accommodate the
development of each parcel individually. Saxon Motors has
recently proposed to purchase Lots 4-8, and develop all five
lots as a new car dealership. The proposed site plan includes
a large building and parking area that would be placed over
existing drainage and utility easements. With the development
of these five lots as one parcel, the interior drainage and
utility easements along side property lines are no longer
necessary. The only exception is the easement between Lots 4
and 5. This easement needs to remain because a storm sewer is
presently in place and provides storm drainage needs for this
area.
The large drainage and utility easement adjacent to the
Mississippi River and to the rear of all five lots will remain
in place. This drainage and utility easement generally
coincides with the 100-year flood elevation along with the Wild
and Scenic River Management Ordinance. In addition, the twelve
foot drainage and utility easement along Yale Street will also
remain in place.
RECOMMENDATION
It is recommended the City
drainage and utility easements
and 7 and 8. Attached is
easements to be vacated.
Council approve the vacation of
between Lots 5 and 6, 6 and 7,
a resolution specifying the exact
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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RESOLUTION 93 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS
WHEREAS, a majority of the property owners abutting the
drainage and utility easements have requested the City
Council in a petition dated August 31, 1993, to vacate
such easement according to law; and,
WHEREAS, a public hearing was held on October 18, 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 October 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 and utility easements
described as follows is hereby vacated:
That part of the South 6.00 feet of Lot 5, Block 1, The
Crossroads, according to said plat on file and of record in the
office of the County Recorder, Sherburne County, MN. Also that
part of the North 6.00 feet and the South 6.00 feet of Lot 6,
Block 1. Also that part of the North 6.00 and the South 6.00
feet of Lot 7, Block 1. Also that part of the North 6.00 feet
of Lot 8, Block 1. All of which lies Westerly of a line
parallel to and distant 12.00 feet Westerly of the Westerly
right-of-way line of Yale Street, as dedicated in said plat,
and Easterly of a line described as follows: Commencing at the
intersection of the North line of said plat and the most
Westerly right-of-way line of said Yale Street; thence West,
along said North line, a distance of 220.00 feet; thence
Southerly, on an angle to the right of 81 degrees 00 minutes 00
seconds a distance of 490.00 feet to the point of beginning of
said line to be hereinafter described; thence southerly, to a
point on the South line of said Lot 8, distant 322.46 feet West
of the Southeast corner of said Lot 8, as measured along said
South line, and there terminating.
Adopted by the Elk River City Council this 18th day of October,
1993.
Henry Duitsman, Mayor
ATTEST:
Sandra Thackeray, City Clerk
River P.o. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 . (612) 441-7~20
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