6.9. SR 02-20-2007
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Communi Develo ment Februa 20,2007
Item Description
Resolution to Vacate a Portion of a Drainage and Utility
Easement, Requested by United Health Group, Public Hearing
Case No. EV 07-03
Item Number
6.9.
Prepared by
erem Barnhart, Plannin
Reviewed by
Lori Johnson, City Administrator
Location
Lot 1, Block 1, Elk Path Business Center 4th addition
Overview
The City Council approved the Administrative Subdivision for the Elk Path Business Center 4th addition
at its meeting on January 16, 2007. The 4th addition combined two outlots from previous phases of the
Elk Path Business Center, including outlot A of Elk Path Business Center 3rd addition (remainder of
County Property from Target subdivision) and Outlot D of Elk Path Business Center.
Although the lots were combined, the easements remain in place until they are formally vacated. The
applicant desires to vacate the easement, as it passes through the storm water pond, access drive, and a
portion of the building. There are no utilities in the easement, and vacating the easement does not
impede the City from providing services in and adjacent to the property via other easements.
Attachments
Resolution No. 07-_ vacating a drainage and utility easement.
Action Requested
After holding the Public Hearing, Staff is recommending that the City Council approve the request.
Council Action
Motion by _
Second by _
Vote
Follow Up
S:\PLANNING\Case Files\2007\EV\EV 07-03 UHG\Staff report 2-20-07,doc
RESOLUTION 07 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING A DRAINAGE AND UTILITY EASEMENT
Case No. EV 07-03
WHEREAS, the applicant has requested the City Council in a petition dated January 25,
2007 to vacate such easements according to law; and,
WHEREAS, a public hearing was held on February 20, 2007, 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 February 9, 2007 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 20th day of February, 2007.
Stephanie Klinzing, Mayor
ArrEST:
Tina Allard, City Clerk
EXHIBIT A
Page 1
PROPOSED VACATION DESCRIPTION
ELK PATH BUSINESS CENTER FOURTH ADDITION- LOT 1. BLOCK 1
A 20.00 foot wide drainage and utility easement over, under and across that part of Lot 1,
Block 1, ELK PATH BUSINESS CENTER FOURTH ADDITION, as depicted and
dedicated by the plats of ELK PATH BUSINESS CENTER THIRD ADDITION, ELK
PATH BUSINESS CENTER SECOND ADDITION and ELK PATH BUSINESS
CENTER, according to the recorded plats thereof, Sherburne County, Minnesota, lying
10.00 feet on either side of a centerline described as follows:
Commencing at the southwest comer of said Lot 1; thence on an assumed bearing of North
00 degrees 43 minutes 48 seconds West along the west line of said Lot 1, a distance of
416.90 feet to the point of beginning of the centerline to be described; thence North 89
degrees 16 minutes 12 seconds East, a distance of 426.95 feet; thence North 00 degrees 07
minutes 14 seconds East, a distance of 447.93 feet to the north line of said Lot 1 and there
terminating.
Except that portion of said easement lying westerly of a line that is offset 10.00 feet easterly
of the west line of said Lot 1, and that portion of said easement lying northerly of a line that
is offset 10.00 feet southerly of the north line of said Lot 1.
EXHIBIT A
Page 2
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