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6.3. SR 09-16-2002City MEMORANDUM Item # 6.3. TO: FROM: Planning Commission Michele McPherso~rector of Planning DATE: September 16, 2002 SUBJECT: Case No EV 02-06 Request by the City of Elk River for Easement Vacation - The Crossroads Addition Request The City requests that the City Council vacate Yale Street and a number of drainage and utility easements located within The Crossroads Addition. Attachments · Location Map · Plat Drawing · Resolution No. 02-__ Granting the Easement Vacation Analysis The City is completing a public improvements project to realign Yale Street (now Zane Avenue) between Saxon Motors and NAPA Auto Parts. In doing so, the old street right-of-way needs to be vacated as new right-of-way is being dedicated under the plat of The Crossroads 2nd Addition. In addition, the drainage and utility easements that were granted under the original Crossroads Addition plat need to be vacated in order not to encumber the property specifically, that of Saxon Motors. New drainage and utility easements are being dedicated on the plat of The Crossroads 2nd Addition adjacent to the Zane Avenue right-of-way and on the resulting lots. The drainage and utility and street right-of-way easements are no longer needed and there is no adverse impact in vacating these easements. Recommendation Staff recommends that the City Council adopt the attached ordinance, vacating Yale Street and the drainage and utility easements within The Crossroads Addition. S:\PLANNING\Case Files\EV 02-06 The Crossroads 2nd\9-16 CC memo.doc IVATE) 173F )POSED DEPOT 'OTH AVE I~g~¥ ldo~l~lJ~ ADOI~IOI4 GRAPHIC SCALE ( i~ F~'~T ) \ \ 267 ± THE 240 · CROSSROADS N 86'56'51" E 795. 77 .... ~_2~_73 ........ I I f\ I k I \ I \ DRAINAGE AND UTILITY EAS~:MENTS ARE SHOWN THUS: I I · ~ ia 5.00 · { f, 5.00 BEING 5 FEET IN WIDTH AND ADdOINiNG SIDE LOT LINES, AND 10 FEET IN WIDTH AND ADdOINING STREET LINES, UNLESS OTHERWISE SHOWN O DENOTES .v2 INCH BY 14 INCH IRON MONUMENT SET WITH AND MARKED WITH RLS No. 1.3295 CAP, UNLESS OTHERWISE SHOWN · IRON MONUMENT FOUND THE SOUTH LINE OF GOVERNMENT LOT 1 OF SECTION 3, TOWNSHIP 32, RANGE 26 IS ASSUMED TO HAVE A BEARING OF WEST - Existing Drainoge '~j I SECOND ADDITION Corner Lot 3 Block t, THE CRO$SROAD~ ~ -Ex~sting Oroinage ,''\ on~ Utility Eose PROPOSED DRAINAGE / -'_ AN0 UTILITY EASEMENT- ~%~ {88 ± · .g -Existing Drainoge / and Utility Easement ~,i' ' / .................. 500' - ............ ~ ....... /_ 9.5,(g'j ¢- .~- -g6:oo Nartheost Corner Lot ~lock 1 ~'HE CROSSROADS I I / / · ~ - / / ,"4J / I I ~J PROPOSED DRAINAGE I ~-Wiln~s$ Corner AND UT{L{TY EASEMENT-~-.% 75 O0 Section ~, Townshi~ ~2. Ronge 26-- ~' 3ection 3, Townshi~ 32, Range 26 .' 'Y-/1'4- \\ \ VICINITY MAP ( Section 2, 3, T52, R.26 SEC~ON SECBON 2 NO SCALE ' ~ - - Northerly Line of Lot I Block t, THE CROSSROADS \ I \ / \ / \ / -Existing Drainage and Utility Eosernent OUTLOT A -,- ._. -PROPOSED DRAINAGE AND UTILITY EASEMENT -::). \ \ \ ..9 )\\ Sechon 2, Township 32. Range 26--~ \ 2,34.27 '.N 89..59'36" E 27Z95 :-~: and Utility Easement \ ~ ~:,...::, :...,. ?.. ~ ,;,,- ..... / ,.,¥,-, ,*. ~ · ii~ !~ ~-' '"' ::- V ~-:::,.-::',:. ' _~ _~ --5 ST. PAUL, MINNESOTA 55108 (651) 644-- 4.~89 rd R Green Company ULTING ENGINEERS August 09, 2002 8:20:t9 o.m O:%HRG%SURVEY%cod%81564OJ%81564OjLOO%dwg%81564OJ-FP.DWG (SFAULKN) SHEET £ OF £ SHEETS - RESOLUTION 02 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING STREET AND DRAINAGE AND UTILITY EASEMENTS Case No. EV 02-06 WHEREAS, the property owner abutting the street, drainage, and utility easement has requested the City Council in a petition dated August 22, 2002 to vacate such easement according to law; and, WHEREAS, a public hearing was held on September 12, 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 September 6, 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 petition. NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and the street, drainage, and utility easements described as follows is hereby vacated: See attached Exhibit A Adopted by the Elk River City Council this 16th day of September, 2002. ATTEST: Stephanie Klinzing, Mayor Sandra Peine, City Clerk S:\PLANNING\Case Files\EV 02-06 The Crossroads 2nd\Resolution.doc - EXHIBIT A VACATION DESCRIPTIONS FOR YALE STREET. AND DRAINAGE AND UTILITY EASEMENTS All that part of Yale Street as dedicated in the plat of The Crossroads, according to said plat on file and of record in the office of the County Recorder, Sherbume County, Minnesota, which lies Westerly, Southwesterly, and Southerly of a line to be hereinafter referred to as "Line A" and described as follows: Beginning at a point.on the North line of Lot 1, Block 2, said The Crossroads, distant 60.00 feet Westerly of the Northeast corner of said Lot 1; thence Northerly, a distance of 92.22 feet to the most Southeasterly comer of Lot 3, Block 1, said The Crossroads, and there terminating. And also: That part of the 12.00 foot drainage and utility easements as dedicated in said plat of The Crossroads which are adjacent to both right-of-way lines of said Yale Street and lying between said above described reference "Line A' and a line drawn parallel with and distant 12.00 feet North of the South plat line of said The Crossroads. And also: That part of a 12.00 foot wide drainage and utility easement, as dedicated in said plat of The Crossroads, over Lots 1 and 2, BlOck 2, said The Crossroads, the centedine of which is the North line of said Lot 2. Said easement to be vacated extends from the Westedy lines of said Lots 1 and 2 to a line drawn parallel with and distant 12.00 feet Westedy of the Eastedy lines of said Lots 1 and 2. S:\PLANNING\Case Files\EV 02-06 The Crossroads 2nd\Resolution.doc