6.6. SR 12-16-2002City
MEMORANDUM
Item #
TO:
FROM:
Mayor and City Council
Michele McPhers~, Director of Planning
DATE:
December 16, 2002
SUBJECT:
Case No. EV 02-12
Request by Ravia Real Estate, LLC to Vacate Drainage and
Utility Easements
6°6°
Request:
The City Council is asked to vacate drainage and utility easements on certain lots in
Mulvaney Point for the Pines Town Office Park project.
Attachments:
· Location Map
· December 6, 2002 Memo from the City Engineer
· Resolution No 02-
· Easement Vacation Exhibit
· Plat of The Pines Town Office Park.
Zoning ! Land Use:
BP, Business Park / L1, Light Industrial
Analysis
The applicant for the Pines Town Office Park, in preparation of the final plat and
construction drawings for the Office Town homes located in Mulvaney Point have
determined that a 50-foot drainage and utility easement recorded on the plat of Mulvaney
Point encroaches into one of the building sites. The applicant therefore requests that the
easements on the lots that they are purchasing be vacated in their entirety. They are
dedicating new drainage and utility easements over all portions of the replatted lots that will
not be occupied by lots and also around the boundary of the remnant parcel Outlot A that
they are creating as they split Lot 1, Block 2 of Mulvaney Point.
Memo to the Mayor and City Council/EV 02-12
December 16, 2002
Page 2
The City Engineer has reviewed this request and has no concerns, as it does not affect the
drainage requirements of the City.
Recommendation
Staff recommends that the City Council approve the attached resolution, vacating the
drainage and utility easements on Lot 2, Block 1 and Lot 1, Block 2 of Mulvaney Point.
S:Planning?Case File EV02-12/Council Memo
RIVER
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DUSTRIAL CIRCLE
Case Number:
Location Map
EV 02-12 RAVIA REAL ESTATE, LLC
N
Howard R
, Green Company
December 6, 2002
File: 818840-0240
Ms. Michele McPherson
Director of Planning
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE:
RAVIA REAL ESTATE, LLC, EASEMENT VACATION
THE PINES TOWN OFFICE PARK
Dear Ms. McPherson:
The request by Ravia Real Estate, LLC, is to vacate all existing drainage and utility easements on Lot
2, Block 1 and Lot 1, Block 2 of Mulvaney Point Addition. In reviewing this request, we noted that the
final plat of The Pines Town Office Park has been approved but not yet recorded at Sherburne
County. That final plat replatted both Lot 2, Block 1 and Lot 1, Block 2 of Mulvaney Point. On the
portion of Lot 1, Block 2, which is not proposed to be developed as Office Park, the original
easements from Mulvaney Point have been reestablished. In the portion of Lot 1, Block 2 to be
developed as Office Park and on Lot 2, Block 1, which is also being developed as Office Park, the
entire site outside of the building footprints has been dedicated as drainage and utility easement.
Given this, we have no objection to the request to vacate the easements, but would suggest that the
actual vacation of the requested easements in Muvaney Point Addition be conditioned upon the
recording of the plat of The Pines Town Office Park.
If you have any questions regarding any of this information, please call.
Sincerely,
Howard R. Green Company
Terry O.~urer, P.E.
TJM:sw
Ltr-120602-McPherson
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 02-12
WHEREAS,
the property owner abutting the street, drainage, and utility easement
has requested the City Council in a petition dated, November 15, 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 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 drainage, and utility easement described as follows is hereby vacated:
All of the public drainage and utility easements as dedicated on Lot 2,
Block 1 and Lot 1, Block 2, Mulvaney Point, Sherburne County,
Minnesota
Adopted by the Elk River City Council this 16th day of December, 2002.
ATTEST:
Stephanie Klinzing, Mayor
Sandra Peine, City Clerk
S:XPLANNING\Case FilesXEV 02-12 Ravia Real Estate\Resolution. DOC
SECI10N 55, TOItlNS~P 35 NCRTH. RAHI~ 26 EST
V1CINITY MAP
L£OEND
DENOTES SHERBURNE COUNTY MONUMENT
~he orlen[ation of (hia beoring s~tem
Posed ~xl the plet of MULVANEY POINT.
0 $ O0 200 300 400 500
DRAINAGE & UTILITY EASEMENT AR[ SHOWN THUS:
(NO SCAU~)
I
1
~tO $0 *--~ll [..wr--ii 1i
BEING 10 FEET IN V4DTH. UNLESS OTHERVdSE INDICATED,
AND ADJOINING LOT LINES, ANO 10 FEET IN WIDTH AND
ADJOINING STREET UNES, AS ~140V~l ON ~14E PLAT.
::,iF['REETF
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624,42
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2
1
N45'e~'lO'W
2
120
LEGAL DESCRIPTION C~- PROPERTY:
Lot 2, Block 1, and Lot 1, Block 2, MULVANEY POINT. Sherburne County, Minnesota.
LEGAL DESCRIPTION OF- PUBLIC DRAINAGE & UTILITY EASEMENTS TO BE VACATED:
Alt O~' the public droinage and ut~llty easements (]$ dedicoted o~s Lot 2, Block 1. on(~ Lot 1~ Block 2,
MLJLVANEY POINT, Sherburne County, Mlnne$oto,
A portion o! the easements will be deOlcc~ted on the proposed plot of THE PINES TO~ OFFICE PARK,
', 208.70~
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The Pines
Town Office
Park
Mormor LLC.
C.R. 13 & 5rd Street
Elk River, MN 55550
CLIENT APPROVAL:
~ A REFR[$~NTAIIv~ OF:
ULTEIG ENGINEERS, INC.
520W EAST RIVER ROAD
SUITE 308
I/dI~gAPOUg, I,~JVE$OTA
WWW. UI. TEIG. COM
EASEMENT VACATIONS
I
VICINITY MAP
L£C~ND
DENOTES SHERBURN£ COUNTY MONUMENT
· DENOTES iRON MONUMENT FOUND
DENOTES 1/2' x 14' IRON MONUIdENT WITH A
PI.ASTIC CAP MARKED MN LS 14889, TO BE S~T
WITHIN ONE YEAR OF 1HE RECORDING DATE OF THIS PLAT
--o-- DENOTES RIGHT OF ACCESS DEDICAI[O TO
SHERBURNE COUNTY PER DOC, NO, 415497
DENOTES RIGHT OF ACCESS DEDICATED TO
THE CITY OF ELK RIVE:R PER DO(;. NO, 415497
0 I O0
l~e ~'lentatiM~ of thtl bearing I)'ltl~l II
bolecl O~ the plat of MULVANEY POINT.
200 300 AO0
M
5O0
DRAINADE & UTILITY EA,~'M[flT ARE ~HOWN THUS:
(NO sc~)
BEINC 10 FEET IN ~O~, UN.SS O~ER~ INDICA~D,
AND ADJ~NING LOT LI~S. ~D I0 FEET IN MOTH AND
AD~NING S~EET UNES, ~ ~0~ ON THE PLAT.
LEGAL DESCRIPTION (3~ PROPERTY:
Lot 2, Block 1, ord Lot 1, Block 2, MULVANEY POINT, Sherburne County, MInnesoto.
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SBO'~9'37'E 824.42
'.' OUTLOT A
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The Pines
Town Office
Perk
Marmor LLC.
C.R, 1,3 & 3rd Street
Elk River, MN 55350
CLIENT APPROVAL;
02002MohioenArd~ao~L~d.
I/I. TEIG ENGINEERS, INC.
5201 EAST RIVER ROAD
~UlTE
/,IWNEAPOLI~, J~WESOTA
! H£REBY CERT]FY THAT
PROPOSED PLAT
~ V-2
NORTH