6.6. SR 10-21-2002City
MEMORANDUM
Item
TO:
FROM:
Mayor and City Council
Michele McPherso~irector
of Planning
DATE:
October 2 I, 2002
SUBJECT: Case No. EV 02-09
Request by the City of Elk River for Easement Vacation
Attachments
· Location Map
· Resolution No. 02-
Request
The City is requested to vacate the easement granted by the City of Elk River for street
purposes over Lot 1 Block 1 Gospodor's Orono Lake Addition No 1. This easement
recorded in 1992 was the location of Orono Road from Orono Parkway to Gary Street.
Analysis
This request is essentially a housekeeping procedure. Staff was unsure at the time the
conditional use permit was being considered by the City Council whether or not an easement
had been permanently recorded against the property for street purposes. Staff has since
found document number 262086 granting the street easement over Gospodor's Orono Lake
Addition No. 1. The easement is no longer necessary and no longer functions for
transportation purposes as a portion of the Public Safety Facility and it's ancillary functions
are now located on the easement.
Recommendation
Staff recommends that the City Council approve the attached ordinance vacating the
easement.
S:\PLANNING\Case Files\EV 02-09 City of ER\10-22 cc memo.doc
PARK
ORONO
COUNTY
FAIR
GROUNDS
SOF'rB~LL
PARl
CITY
HALL
ORONO
CEMETERY
ORONO PARKWAY
PARK 1
'V '1 '/-g
PARK 2
18:!NE ,~ VE ~UE
Location Map
Case Number. EV 02-09 CITY OF ELK RIVER
N
RESOLUTION 02 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY
EASEMENTS
Case No. EV 02-09
WHEREAS,
the property owner abutting the street, drainage, and utility easement has
requested the City Council in a petition dated September 26, 2002, to vacate
such easement according to law; and,
WHEREAS,
a public hearing was held on October 21, 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 October 10, 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
of the drainage, and utility easement described as follows is hereby vacated:
Exhibit A
Adopted by the Elk River City Council this 21st day of October, 2002.
ATTEST:
Stephanie Klinzing, Mayor
Sandra Peine, City Clerk
S:\PLANNINGXRESOLUTI\EV02-09.DOC
Page 5
LEGAL DESCRIPTION OF PERMANENT EASEMENT
A strip of land 50.00 feet in width, the centerline of which
iS described as follows~
Commencing at the Southwest corner of Lot 1, Block 1,
Gospodo~'s Orono Lake Addition No. 1, according to said plat on
file and of record in the office of the County Recorder,
Sherburne County, Minnesota; thence North 89 degrees 22 minutes
58 seconds EaSt, on an assumed bearing along the South line of
said Lot 1, a distance of 310.59 feet; thence East and
Northeasterly, along said Southerly line of Lot 1, a distance
of 44.44 feet, along a tangential curve concave to the
NorthweSt having a radius of 250.00 feet, a central angle of 10
degrees 11 minutes 02 seconds and a chord bearing of North 84
degrees 17 minutes 27 seconds East, to the actual point of
beginning of said centerline to be hereinafter described;
thence Northerly and Northwesterly, a distance of 113.88 feet
along a nonta~gentlal curve concave to the Southwest having a
radius of 300.00 feet, a central angle of 21 degrees 44 minutes
59 second~ and a chord bearing of North 29 degrees 04 minutes
33 seconds West; thence No=th 39 degrees 57 minutes 02 seconds
West, tangent to the last described curve, a distance of 258.66
feet; thence Northwesterly and Northerly, a distance of 205.31
feet along a tangential curve concave to the Northeast having a
radius of 300.00 feet and a central angle of 39 degrees 12
minutes 38 seconds; thence North 00' degrees 44 minutes 24
seconds West, tangent', to the last described curve, a distance
of 210.07 feet; thence Northerly and Northwesterly, a ~lstance
of 289.90 feet, along a tangential curve concave to the
Southwest, having a radius of 300.00 feet, a central angle of
55 degrees 21 minutes 59 seconds and there terminating.
Said strip of land is to extend by its full width from said
Southerly line of Lot 1 to the West line and its Northwest
extension of said GOSPODOR'S ORONO LAKE ADDITION NO. 1.