6.3. SR 05-21-2007
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Communi Develo ment
Item Description
Resolution Vacating a Drainage and Utility Easement on Lot 1,
Block 1, Elk River Crossing 6'h Addition, Requested by MSR 5,
LLC, Case No. EV 07-04-Public Hearing
Meeting Date
Ma 21,2007
Item Number
6,3.
Prepared by
erem Barnhart, AICP
Reviewed by
Scott Clark, Community Development
Director
Reviewed by
Action Requested
Adoption of attached resolution Vacating a Drainage and Utility Easement on Lot 1, Block 1, Elk River
Crossing 6'h Addition, public hearing - Case No. EV 07-04.
Background/Discussion
As part of the creation of lots to house the Maxum Furniture and Tractor Supply (Elk River Crossing), it
was staff's recommendation to vacate a drainage and utility easement covering a possible wetland area,
Recent title work on the part of Tractor Supply discovered that the easement was never formally vacated.
During the formal review of Elk River Crossing plat, the Technical Evaluation Panel (TEP) noted that
the area did not contain the three conditions needed to constitute a wetland, and the land could be filled
for a building site (fractor Supply).
Financial Impact
None,
Attachments
. City Engineer Memo Dated April 19, 2007,
. Applicant's Narrative
. Resolution Vacating a Drainage and Utility Easement, Case No, EV 07-04
Overview/ Analysis
See attached city engineer letter dated April 19, 2007. It should be noted that the typical 10 foot drainage
and utility easement along the west, south, and eastern property lines will be retained in easement,
R"P'9;~
Jeremy Barnhart
Planning Manager
C:\Documents and Settings\jmiUer\Local Settings\ Tempurary Internet Files\OLK3E\Sraff report 5-17-07_doc
Action
Follow Up
Motion by ~
Second by _
Vote
C:\Ducu"",,,ts and Setrings\jmiller\Local Settings\Temporary Internet Fib\OIX3E\Staff report S-17-0i.doc
City of
EI _
River-
MEMORANDUM
TO: Jeremy Barnhart, Planning Manager
FROM: Terry Maurer, City Engineer
DATE: April 19, 2007
SUBJECT: Easement Vacation - Lot I, Block I Elk River Crossing 6'h
Addition
As we have previously discussed, when a portion of Elk River Business Park was combined
with a portion of Elk River Crossing to create two commercial lots that currently hold
Maxum Furniture and Tractor Supply, it was the City Council's intent and staffs
recommendation thar the drainage and utility easement covering a possible wetland area in
the Tractor Supply lot to be vacated. Apparently, that vacation was never formally
accomplished. \XIhen the plat of Elk River Crossing 6th Addition was working its way
through approvals, the Technical Evaluation Panel reviewed the condition of the possible
wetland on the proposed Lot 1, Block 1 of Elk River Crossing 6" Addition (Tractor Supply
lot). It was determined at that time that the three conditions needed to constitute a wetland
were not present, and that the area could be filled and used for a building site. Therefore,
the recommendation was to vacate the existing drainage and utility easement from the
previous plat.
With this information as background, I have reviewed the proposed easement vacation
description for Lot 1, Block 1 Elk River Crossing 6th Addition, and would recommend
approval of the request.
If you have any questions about this information, please contact me.
C:\Documents and Scttings\imillet\Local Settings\Tempota:ry Internet Files\OLK3E\0419 07 Engr's memo.doc
Petition ofMSIR 5 LLC to Vacate Drainage and Utility Easement
in Lot 1, Block 1, Elk River Crossing, Sixth Addition
Proiect Narrative
The Petitioner, MSIR 5 LLC, is the owner of Lot 1, Block 1, Elk River Crossing, Sixth Addition
(the "Property"). The address of the Property is 11150 179th Avenue NW, Elk River,
Minnesota. The Property is leased to Tractor Supply Company, which operates a retail store at
that location. The building located on the Property was completed in 2006, and the Tractor
Supply Store opened for business in September, 2006. A building permit for the construction of
the building was issued in 2005, and a Certificate of Occupancy was issued on September 8,
2006.
The Property was previously platted as portions of Lot 1, Block 3, Elk River Crossing, and Lot 1,
Block 1, Elk River Business Park. The plat of Elk River Business Park shows a drainage and
utility easement (the "Easement") dedicated over a large area on the west side of that lot. We are
informed that the easement covered what had at one time been a wetland. The Easement is
shown on the plat of Elk River Crossing, Sixth Addition.
According to Terry Maurer, the former wetland included in the Easement no longer functions as
a wetland. The Easement does not function as a drainage easement. No utilities are located in
the Easement. Mr. Maurer and Mr. Barnhart both indicate that, although the Easement was not
vacated when the Lot was created, the intention was to vacate the Easement and make the
Property a buildable lot.
The building located on the Property was constructed in the Easement as shown on the attached
survey. Over one-half of the building is within the Easement. Prior to purchasing the Property,
the Petitioner's attorney was provided with a letter from Mr. Barnhart indicating that the staff
supports the vacation of the Easement and will cooperate with the Petitioner to vacate the
Easement. A copy of that letter is attached.
The Petitioner is requesting that a portion of the Easement be vacated to conform with the
inteution of the City when the plat of Elk River Crossing, Sixth Addition, was adopted. The
portion of the Easement that is requested to be vacated is described as follows:
That part of the platted Drainage and Utility Easement located on that part of Lot 1,
Block 1, Elk River Crossing, Sixth Addition, formerly included in Lot 1, Block 1, Elk
River Business Park, except the westerly, southerly and easterly 10 feet thereof.
The intent is to leave a 10-foot strip of the Easement along the westerly, southerly and easterly
boundaries ofthe southerly portion of the Property.
DATE RECEIVED
ij- ;(0-07
RESOLUTION 07 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING A DRAINAGE AND UTILITY
EASEMENT
Case No. EV 07-04
WHEREAS, the applicant has requested the City Council in a petition dated April 16,
2007 to vacate such easements according to law; and,
WHEREAS, a public hearing was held on May 21, 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
May 10, 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 21" day of May, 2007.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
EXHIBIT A
Page 1
PROPOSED VACATION DESCRIPTION
ELK PATH BUSINESS CENTER FOURTH ADDITION- LOT 1. BLOCK 1
That part of the platted Drainage and Utility Easement located on that part of Lot 1, Block
1, Elk River Crossing, Sixth Addition, formerly included in Lot 1, Block 1, Elk River
Business Park, except the westerly, southerly, and easterky 10 feet thereof.
EXHIBIT A
Page 2
Va.cation Sketch
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