6.4. SR 10-15-2007Elk REQUEST FOR ACTION
.,..-.
River
To Item Number
Ci • Council 6.4.
Agenda Section Meeting Date Prepared by
Community Development October 15, 2007 Sheila Cartney, Senior Planner
Item Description Reviewed by
Resolution Vacating Drainage and Utility Easement, Requested exem Barnhart, Plannin Mana er
by Tom Bamford -Case No. EV07-07 -Public Hearing Reviewed by
Action Requested
Adopt attached resolution vacating a drainage and utility easement.
Background/Discussion
The applicant has received a wetland conservation act permit to remove a wetland on the pxopezty; the
easement is over the wetland and is no longer needed once the wetland is removed.
Attachments
Location Map
• Applicant's Narrative
• Site Plan(s)
• Resolution
Overview/Analysis
The applicant is planning to build a house on Lot 2, Block 1, A&R Addition. In artier to maintain
positive drainage away from the house and septic, some grading modifications need to be done to the site
including removing a wetland. The applicant does have a wetland conservation act permit to remove the
wetland. A drainage and utility easement is over the wetland which is no longer needed once the wetland
is removed. It is routine to have easements over wetlands, since the wetland will be removed it seems
appropriate to remove the easement.
Action Motion by Second by Vote
Follow Up
Location Map
clry of
El -.--_,
R1Ver Case Number: EV 07-07 BAMFORD
I am proposing to remove an easment on my property to help route water away from the
house and septic system that I am building. I already have a wetland conservation act
permit to remove the wetland and the sole purpose of the easment is to surround the
wetland. There are no trees being removed and the remainder of the wetlands and
easements on the property are not being changed. All the work will be done on my
property and will not cross any properly lines. ?,gam, the reason for this request is for
positive drainage away from the house and septic.
Thomas iiamford
EASEMENT VACATION
A drainage and utility easement to be vacated over, under and. across that part of Lot 2,
Block 1, A & R ADDITION, according to the recorded plat thereof, Sherburne County,
Minnesota, described as follows:
Commencing at the southeast corner of said Lot 2, thence South 89 degrees 44
minutes 42 seconds West, assumed bearing along the south line of said Lot 2, a
distance of 200.00 feet; thence North 00 degrees 15 minutes 18 seconds West a
distance of 71.00 to the point of beginning of the easement to be vacated; thence
continuing North 00 degrees 15 minutes 18 seconds West a distance of 50.00 feet;
thence North 89 degrees 44 minutes 42 seconds East a distance of 70.00 feet;
thence South 00 degrees 15 minutes 18 seconds East a distance of 50.00 feet;
thence South 89 degrees 44 minutes 42 seconds West a distance of 70.00 feet to
the point of beginning.
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RESOLUTION 07 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING A DRAINAGE AND UTILITY
EASEMENT
Case No. EV 07-07
WHEREAS, the applicant has requested the City Council in a petition dated September
18, 2007 to vacate such easements according to law; and,
WHEREAS, a public hearing was held on October 15, 2007, before the Ciry 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 4, 2007 and all persons uitexested 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 15''~ day of October, 2007.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, Ciry Clerk
EXHIBIT A
Page 1
PROPOSED VACATION DESCRIPTION
Lot 2, Block 1, A & R Addition
A drainage and utility easement to be vacated over, under and across that part of Lot 2,
Block 1, A & R ADDITION, according to the recorded plat thereof, Sherburne County,
IVlinnesota, described as follows:
Commencing at the southeast corner of said Lot 2, thence South 89 degrees 44
minutes 42 seconds West, assumed bearing along the south line of said Lot 2, a
distance of 200.00 feet; thence North 00 degrees 15 minutes 18 seconds West a
distance of 71.00 to the point of beginning of the easement to be vacated; thence
continuing North 00 degrees 15 minutes 18 seconds West a distance of 50.00 feet;
thence North 89 degrees 44 minutes 42 seconds East a distance of 70.00 feet, thence
South 00 degrees 15 minutes 18 seconds East a distance of 50.00 feet; thence South
89 degtees 44 minutes 42 seconds West a distance of 70.00 feet to the point of
beginning.