6.2. SR 08-19-2002City ~
River
MEMORANDUM
Item # 6.2.
TO:
FROM:
Mayor and City Council
Scott Harlicker, Senior Planner
DATE:
August 19, 2002
SUBJECT: Case No. EV 02-08
Request by Robert/Nancy Furry for Easement Vacation
Request
Robert and Nancy Furry request an easement vacation of a portion of the existing drainage
and utility easement on Lot 3, Block 1, Whitetail Ridge.
Location
20140 Polk Street
Zoning/Land Use
Rla (Single Family Residential / LR (Low Density Residential)
Attachments
· Location map
· Plat of Whitetail Ridge
· Memo from the City Engineer
· Resolution No 02-
Overview
The applicant is requesting that a portion of the existing drainage and utility easement on
Lot 3, Block 1, Whitetail Ridge be vacated. The existing drainage and utility easement in the
rear of the lot does not accurately reflect the drainage swale it was intended to encompass.
The applicant has been working with the builder and the City Engineer's office to revise the
Memo to Mayor & City Council/EV 02-08
August 19, 2002
Page 2
drainage and utility easement so that includes just the drainage swale and not the rear 80 feet
of their lot.
Recommendation
Staff recommends that the City Council approve Resolution No. 02- vacating a
portion of the existing drainage and utility easement on Lot 3, Block 1, Whitetail Ridge with
the following condition:
1. The revised drainage and utility easement for Lot 3, Block 1, Whitetail Ridge be
recorded with Sherburne County.
S:\PLANNING\Case Files\ev 02-08 Furry\EV 02-08CC.doc
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Case Number:.
Location Map
EV 02-08 ROBERT & NANCY FURRY
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4' S~ep~
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Howard R, Green Qom sany
August 13, 2002
File: 230273M-0325
Mr. Scott Harlicker
Senior Planner
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: FURRY PROPERTY EASEMENT VACATION
Dear Mr. Hadicker:
As requested, we have reviewed the easement vacation request on the Furry Property in the Whitetail
Ridge development. The attached drawing shows the area in yellow proposed to be vacated. It is a
fairly large drainage and utility easement at the rear of the Furry lot. It is our understanding that the
Furry's would like to construct a shed in this drainage easement. A drainage swale indicated in red
has been constructed to convey cross-lot drainage from Lot 1 through Lot 4. Frank Kdz of our office
has been working with the home builder to define, describe, and prepare an easement document on
the Furry property to cover the swale that has previously been constructed. That easement document
is attached and has been signed by the property owner. Therefore, we would recommend vacation of
the drainage and utility easement, understanding that the subsequent replacement drainage and utility
easement will be filed in lieu of the vacated one.
If you have any questions regarding this issue, please call.
Sincerely,
Howard R. Green Company
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Ltr-081302-Harlicker
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
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RESOLUTION 02 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY
EASEMENTS
Case No. EV 02-08
WHEREAS,
the property owner abutting the street, drainage, and utility easement has
requested the City Council in a petition dated July 8, 2002, to vacate such
easement according to law; and,
WHEREAS,
a public hearing was held on August 19, 2002, 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
August 7, 2002, 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
pennon.
NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and
of the drainage, and utility easement described as follows is hereby vacated:
Exhibit A
Adopted by the Elk River City Council this 19th day of August, 2002·
ATTEST:
Stephanie Klinzing, Mayor
Sandra Peine, City Clerk
S:\PLANNING\RESOLUTI\EV02-08.DO C
- EXHIBIT A
LEGAL DESCRIPTION TO THE EAS~'~ _~'~_"I'
P~ ~emen~ ~r ~g~ p~s over, ~der. ~d ac~ ~ p~ of d~e fo~ow~n~
Lot 3, Block I, Wla2TET, alL R.[DGF., o~co~,~ng to said plat on file and offrumord in r. he of Sc~ off
t~e Coumy l~order, Sherburne County, MJrmezo~a.
Which Ee.s
BeEtLing at a point on ne South line of' sabot Lot 3 ~stant 86.96 £eez r:~_~: of thc Southw~r
comer o£said Lot 3; ~aence Non:hwesterty to a PoLnt on the Nor'u% llne of'.~d Lot 3 ~mnt 43.29
feet East ofthe North. west comer of saM Lot 3 md there ter~qnatiag.
Except tha~ i~vt that ties wi~in ~c dedicated drainage and utility ezsem:nr.5 ~ showa on said