Loading...
6.5. SR 12-16-2002City MEMORANDUM TO: FROM: DATE: Mayor and City Council Scott Harlicker, Senior Plann~r~r,~ December 16, 2002 SUBJECT: Case No. EV 02-1 I Request by D.R. Horton for Easement Vacation Item # 6.5. Request D.R. Horton request an easement vacation of a portion of the existing drainage and utility easement on Lot 4, Block 4, Trott Brook Farms 6~h Addition. Location 18388 Olson Street Zoning/Land Use PUD (Planned Unit Development) / MR (Medium Density Residential) Attachments · Location map · Plat of property · Letter from applicant · 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 4, Block 4, Trott Brook Farms 6~h Addition be vacated. The existing drainage and utility easement in the rear of the lot was shown incorrectly on the plat. The original easement was Memo to Mayor & City Council/EV 02-08 August 19, 2002 Page 2 based on the original wetland delineation that is no longer accurate. The original wetland was mitigated as part of the overall wetland mitigation plan for the development. Recommendation Staff recommends that the City Council approve Resolution No. 02- vacating a portion of the existing drainage and utility easement on Lot 4, Block 4, Trott Brook Farms 6~h Addition with the following condition: 1. The revised drainage and utility easement for Lot 4, Block 4, Trott Brook Farms 6th Addition be recorded with Sherburne County. Document4 lxlver Case Number: Location Map EV 02-11 D.R. HORTON N D. R. HORTON INC., - MINNESOTA 20860 Kenloridge Ct. Suite 100 Lakeville, MN $$044 November 13, 2002 Scott Hadicker Senior Planning City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE.' TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT ON LOT 4, BLOCK 4 OF TROTT BROOK FARMS SLKTH ADDITION FOR THE INSTALLATION OF A RETAINING WALL Dear Mr. Harlicker: As we have previously discussed, D.R. Horton, Inc. - Minnesota is requesting to vacate a portion of the drainage and utility easement on Lot 4, Block 4 of Trott Brook Farms Sixth Addition (18388 Olson Street NW). The vacation of the easement is requested for the installation of a retaining wall. The part of the easement to be removed is not needed for drainage or utility in the area. Furthermore it does not affect the standard 10' easements around the property lines. Attached you will f'md a copy of the Certificate of Survey depicting the proposed easement vacation and a detail drawing of the retaining wall location. Due to the time of year, the installation of the retaining wall must occur now, even though this item to vacate a portion of the drainage and utility easement will not be presented until the meeting of December 16, 2002. By constructing the retaining wall now, D.R. Horton, Inc. - Minnesota will take full responsibility to remove the retaining wall, if the request is denied. If you should have any additional questions on this matter, please call me at 952-985-7826 (office) and 952-292-1527 (cell). Tom Bakritges f/F~ ~// Project Manage Lk~d Development Enclosure Cc' Neil Hansen - MN Division President Don Patton - Vice President Jason McCarty - Westwood Professional Project Engineer Howard R, Green Company December 6, 2002 File: 810630J-0240 Mr. Scott Harlicker Senior Planner City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: VACATION OF DRAINAGE AND UTILITY EASEMENT LOT 4, BLOCK 4, TROTT BROOK FARMS 6TM ADDITION Dear Mr. Harlicker: As requested, we have reviewed the request to vacate drainage and utility easements on Lot 4, Block 4, Trott Brook Farms 6th Addition. The home address is 18388 Olson Street. Our review of the request indicated that the area of the existing drainage and utility easement requested to be vacated on Lot 4, Block 4, Trott Brook Farms 6th Addition was shown incorrectly on the plat. The easement lines were based on the odginal wetland delineation, but the wetland on this lot was mitigated as part of the overall mitigation plan for the development and filled to establish a rear yard area. This easement vacation establishes a new drainage and utility easement line, which coincides with the mitigated wetland boundary. Therefore, we have no concerns about the request and would recommend approval. If you have any questions regarding this information, please call. Sincerely, Howard R. Green Company Terry J. Irvlaurer, P.E. TJM:sw Ltr-120602-Hadicker 1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389 RESOLUTION 02 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS Case No. EV 02-I I WHEREAS, the property owner abutting the drainage, and utility easement has requested the City Council in a petition dated November 13, 2002, to vacate such easement according to law; and, WHEREAS, a public hearing was held on December 16, 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 December 5, 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 16th day of December, 2002. ATTEST: Stephanie Klinzing, Mayor Sandra Peine, City Clerk Document3 ©2002 Westwood Professional Servlces~ Inc. EA SEMEN T VACATION SKETCH L. I 1o / / ~'~SW COR. OF LOT 4 \ ~\-/ ,-COR. OF THE ~.~ I DRAINAGE AND S87o54'$1'T 24. O0 -,, \ \ // PROPOSED EASEMENT VA CA ~ON' - ' A LINE PARALLEL L/NE OF LO~ 4 ~ 122. 4~ ~o. 82 S86°12', "'SOUTH LINE OF LOT 4 I ".. ~ ~ ""~~' l'~2~ ~¢ ~ _OL SON_ S TREE T PROPOSED EASEMENT VACA T?ON That port of the dedicated drainage and utility easement on Lot 4, Block 4, TROTT BROOK FARMS SIXTH ADD/T/ON, according to the recorded plot thereof, Sherburne County, Minnesota described os follows: Commencing ot the southwest corner of sold Lot 4; thence South 86 degrees 12 minutes JO seconds Eost, ossumed booting, dong the south line of sold Lot 4, o distonce of 122.45 feet to the intersection with the southerly extension of the west line of the droinoge ond utility eosement dedicoted on sold Lot 4; thence North 15 degrees 06 minutes 10 seconds West, dong sold southerly extension, o distonce of 10.57 feet to the intersection with o line 10 feet northerly of end porollel with son south line of Lot 4, being the point of beginning of the eosement vocotion to be described; thence continuing North 15 degrees 06 minutes 10 seconds West, dong sold west line of the droinoge ond utility eosement dedicoted in Lot 4, o distonce of 89.08 feet to o corner of sold droinoge ond utility eosement dedicoted on Lot 4; thence South 87 degrees 54 minutes 51 seconds Eost, o distonce of 24.00 feet; thence South 02 degrees 05 minutes 09 seconds West, o distonce of 40.,36 feet; thence South 15 degrees 06 minutes 10 seconds Eost, o distonce of 47. 19 feet to the intersection with sold line 10 feet northerly of ond poroffel with the south line of Lot 4; thence North 86 degrees 12 minutes $0 seconds West, dong sold porollel line, o distonce of 11.6`3 feet to the point of beginning. I herebyc,~tify that this survey was prepared by me o~' Jlnder my direc~ supervision and that I am a/d.~ly Licensed ~ ~urveyor under the lows o~,~he Stote~of/M,~n~oto. 5-Cdtt~A~- ~.vtlen, k.L.~ /Date License No. 23002 Scale: I inch -- .70 feet REQUESTED BY; D.R. Horton Westwood Professional Services, Inc. 3701 12th St. North, Ste. 206 '. St. Cloud, MN 56303 Phone: 320-253-9495 Fax: 320-253-8737 Orown by: SWK J Oote: 11/05/02 J J°b N°: 9940`3 99403SKFOI. D~G