7.7. SR 10-03-1994
r I ~'\(
( )j
~l}( River
AGENDA ITEM 7.7
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
STEVEN B. ACH, CITY PLANNE~~
OCTOBER 3, 1994
FROM:
DATE:
SUBJECT: REQUEST TO VACATE DRAINAGE
AND UTILITY EASEMENTS BY
DAYTON HUDSON CORPORATION,
PUBLIC HEARING, CASE NO. EV 94-3
ISSUE
Consider approving Resolution 94-_ vacating certain easements within Elk Park
Center PUD (Planned Unit Development) to accommodate the changes that have
occurred in the utility alignments.
ANALYSIS
.
The development plans for Elk Park Center, along with the utility improvements
have been adjusted slightly to accommodate preferred building locations and field
adjustments to utility plans. With these changes, there is the need to vacate two
areas of an existing drainage and utility easement. These drainage and utility
easements are located within the original alignment of the entrance drive off of
Jackson Avenue, which was immediately north of the Target store. As presented to
the Council last month, both the Target store and entrance drive off of Jackson
Avenue have been shifted slightly to the north. The two segments of the drainage
utility easement to be vacated measure approximately thirty (30) feet wide by three-
hundred (300) feet long and twenty (20) feet by one-hundred, seventy (170) feet
long.
In addition to the vacating of these easements, there will also be the granting of a
new easement, which includes an area of approximately seventy-seven (77) feet by
one-hundred (100) feet. This new easement will be granted to the City and will
cover the storm drainage ponding area that has been reshaped along with these
other field adjustments.
RECOMMENDATION
It is recommended the City Council approve Resolution 94-_ vacating the
described drainage and utility easements as outlined in the Resolution.
.
dayton.council
P.O. Box 490. 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
.
RESOLUTION 94 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE, AND UTILITY
EASEMENTS
WHEREAS, the property owner abutting the street, drainage, and utility
easement has requested the City Council in a petition dated August
30, 1994, to vacate such easement according to law; and,
WHEREAS, a public hearing was held on October 3, 1994, 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 September 20, 1994, 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:
See attached Exhibit A and Exhibit B
Adopted by the Elk River City Council this _ day of
,1994.
Larry A. Farber, Vice Mayor
ATTEST:
Sandra Thackeray, City Clerk
.
dayton,resolution
.
.
.
EXHIBIT A
1st EASEMENT PROPOSED TO BE VACATED:
Vacate that drainage and utility easement as laid out within
Lot 7, Block 2, of the duly recorded plat of ELK PARK CENTER,
Sherburne County, Minnesota, described as Beginning at the
Most Easterly Corner on the Most Southerly Line of Lot 6, said
Block 2; thence South 1 degree 27 minutes 30 seconds East for
a distance of 30.00 feet; thence South 88 degrees 32 minutes
30 seconds West parallel with said Most Southerly Line of Lot
6 to intersect a line 35.00 feet, as measured at right angles,
east of and parallel with the northerly extension of that West
line of said Lot 7 labeled as "Line D" on said duly recorded
plat; thence, from said point of intersection with said line
35 feet east of and parallel with said "Line D", North 0
degrees 33 minutes 16 seconds West along said parallel line
for a distance of 30.00 feet to intersect said Most Southerly
Line of Lot 6; thence North 88 degrees 32 minutes 30 seconds
East along said Most Southerly Line of Lot 6 to the Point Of
Beginning.
EXHIBIT B
.
2nd EASEMENT PROPOSED TO BE VACATED:
Vacate that drainage and utility easement as laid out within
Lot 7, Block 2, of the duly recorded plat of ELK PARK CENTER,
Sherburne County, Minnesota, described as Commencing at the
Most Southerly Corner on the Most Westerly Line of said Lot 7,
also being a point on the Easterly line of the right-of-way of
Jackson Road; thence North lS degrees 26 minutes 01 seconds
East along said right-of-way for a distance of 263.00 feet;
thence South 74 degrees 33 minutes 59 seconds East, along 'a
. line to be hereafter known as "Line 1" for the purposes of
this description, to intersect the following described line:
Commencing at said Most Southerly corner on said Most
Westerly Line of Lot 7; thence North 88 degrees 49
minutes 34 seconds East, along a line labeled as "Line E"
on said duly recorded plat, for a distance of 283.00
feet; thence North 1 degree 10 minutes 26 seconds West
along the line to be hereby described to intersect said
"Line 1" and there terminate.
.
thence, from said point of intersection, return North 74
degrees 33 minutes 59 seconds West along said "Line 1" for a
distance of 40.00 feet; thence North 15 degrees 26 minutes 01
seconds East parallel with said right-of-way, and along a line
to be hereafter known as "Line 2" for the pUrposes of this
description, to intersect a portion of the North line of said
Lot 7, said point of intersection also being the actual Point
Of Beginning of the easement to be hereby vacated; thence
South 88 degrees 32 minutes 30 seconds West to an angle point
in said North line of Lot 7; thence North 74 degrees 33
minutes 42 seconds West along another portion of said North
line of Lot 7 for a distance of 127.57 feet to intersect a
line 10.00 feet southeasterly of, as measured at right angles
to, and parallel with said right-of-way; thence South 15
degrees 26 minutes 01 seconds West parallel with said right-
of-way for a distance of 20.00 feet; thence South 74 degrees
33 minutes 42 seconds East to intersect said "Line 2"; thence
North 15 degrees 26 minutes 01 seconds East along said "Line
2" to the Point Of Beginning.
.
W
t..a-
!
~
.
:w)
s
:\I N
... f
I ,
"I
.... :!1
') I'
I) )
I) -K
I) ~
-
I)
l' r.
,-
>
~ ~
-.
... ...g
J
a
"i--
I .50 "
5E 1/4'1 SEC. 27 i'
7"1---
I -l
I 1
I ~ I
I ~ I
lI)
I ~ I
En:
i~1
I 1
I ~ I
I ~ I
I ~ I
I ~ I
c
I I
I -J
I I
I 50 I
______ _J_____l
561.48
g N '.27'30"W EASEIt.fENT
~5.8Q...._____
~ ~,O 9 \>> -- t""Qt,..t..' ---
'" Ic:--~----ro. -_~_ T",.... __t4:C'""\6 ........~W[STUNEOfSwI/4.
o 01 R=300. - .,.... - ---"_ - _ _ _ _ _
_~.-7109P\.... --
99.87 ...1 b=\5 2465 0 _ _ - EAST LIN[ OF 5E 1/4. SW 1/4. SEC. 27--
I Ls:.8. __
Nor027j30llW ....J __--
C-9
L,;70.22 r
=11050'00
S ;MENTS PROPO
o E VACATED
l!;~
w.
z~
::r::::-
t1\
~
w :>:w
. a"'
I~ ~~
g; I
~/
!oJ
b
'"
N
'"
o
'"
'"
z
SOI'27'3O'k ~1\'\5'~~ ;:;,,~--=_- - - ='SOI027'3O'E
-445.85 _ - \38 82
-56.61""1"--- '" .
o
----------
-~-
"
'rJ
(f
}
,
t
()
I.l
~ DRAINAGE
Ie
Ul1
7
60.89
NOI027'30"W
x
{
r,
1)
2
'"
...
,..:
...
'"
'"
LINE ~A. PAR. WITH THE ~
E. LINE OF SE 1/4, Sw 1/4 --', ~
'"
---_\._-
,\~
!oJ
b
'"
N
'"
.
'"
'"
z
'/
...s
>-'
~
o
..,..
..
... ~ 'A
) 'I.:
.
... f ~
C '" \'"
.. \t.\ :l.J
~
.. --
.
'"
'"
<Xi
'"
...
w
.
o
'"
N
'"
.
'"
'"
z
8
501027'30'<
j).;
-- - - -- ---- - --- -- -- --.
AGE&. UTlUTY ....--UNE .0"-... ~ EASEMENT ,--
· 33.64 ,,- / -100-
------~on20r-c.., ...
~l'- ::..Is.. ... 100 \ . -100-
^,.. \ I' .~18...
~I \ ..' ......... ~o, m ....-UNE "0"
o .~I ...._...-
~.' \ ~RA~93"6n~..Oo(OE.
.:.,,)N......THIS IRE~ J I
" f'o w fI
\ to 5 I
J//' ~ Q E ? I I
; ,..,w ~ ~ c
-'DRAINAGE & UTIUTY / Ie" :g I ~. ,,<
/ I..;:...... \.0
/ EASEMENT I 0 ~ <L C
( ~~:;:~ ~}1
\ ::i I
\ ~ ~~ III
;t viUl
'~
11'
f
~N
'"\:1
r; /::[
-
o.
j
'f'
J?
----
--
:>:
~.
i~
"w
"Z
<L"
I
I
/
_ NORrn ~
--
--
\
\
\
__h
I
I
\
\
)..,.
---
---..-
---
---
---
---
---
---
---
---
---
---
---
---
---
---..-
.::~--1
~#' ~_.,:. -J I
~!
-----------
---'_.
...--..""'-
. .!
ir----------j
,
,
,
,
,
,
,
,
! .//
i --~ ~
.-._.~- n~
: I '11 I
. '. .-+\ [, I
u:1'[r-1\' .
1'/ \
I, o.
J II !Ir~
,---- . : I' I, 0
____~ I i '--
, .'~':il i I
I ;1':: I 1
: / J :I! I
-"... I:, I
:' --.dJ I I '-
/ 11
j II
! I
~-.-l.
( I
=-=-
:;:J
1::
1::
~
t=
I....
. -.
'3
:-.-..--
,
~ROCERY
,
.- ~
~::::::--
P9IfDllfCll Aft....
---
---
~
.
.."...EIt"'OU
Do.nu.A$$OC.....:.
,
.;"W<l"AQ: ~~