6.9. SR 12-16-2002City
MEMORANDUM
Item #
6.9.
TO:
FROM:
Mayor and City Council
M Ph
Michele c erson, irector of Planning
DATE:
December 16, 2002
SUBJECT:
Case No. EV 02- I 0
Request by the City of Elk River to Vacate Street, Drainage, and
Utility Easements
Request
The City Council is asked to approve the vacation of street, drainage, and utility easements located on the
property of Grace Assembly of God Church.
Attachments
· Location Map
· 1996 Easement Document
· Resolution No 02-
· Plat of Grace Assembly of God Church
Zoning ! Land Use
Rlc, Single Family / LR, Low Density Residential.
Analysis
As the City Council is aware, the City and Grace Assembly of God Church entered into a partnership to
re-plat the Grace Assembly of God Church property in order for the City to purchase 11 acres for a park.
The plat has since been approved and the engineering staff has been working to prepare the mylars for
recording. During the title work, it was determined that the easements recorded in 1996 as a result of the
administrative subdivision, include the word "street" in their description. It is not the intent of the City
to utilize these easements for street purposes; therefore the easements should be vacated. New
easements will be recorded once the plat of Grace Assembly of God Church is recorded.
Recommendation
Staff recommends that the City Council approve the attached resolution vacating street, drainage and
utility easements on the Grace Assembly of God Church property.
~ver
Case Number:
Location Map
EV02-10
ASSEMBLY OF GOD CHURCH
N
32496
GRANT OF EASEMIgNT
FOR
UTILITY AND DRAINAGE PURPOSES
THIS GRANT OF EASEMENT FOR UTILITY AND DRAINAGE PURPOSES IS
made on this ¢/~-~day of ]/-~ ~2~ ,1996, by
Ervin Claassen and Arlene Claassen; (Grantors), to the CITY OF ELK RIVER, a
Minnesota municipal corporation (Grantee).
RECITALS
Grantor is the owner in fee simple of real property in the County of Sherburne,
Minnesota, which is legally, described on Exhibit A attached hereto (the Easement
Tract). Grantee desires to use a portion of the Easement Tract for the construction
and maintenance of certain utilities and for drainage purposes.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by Grantor:
1. Permanent Easement - Grantor hereby grants to Grantee, is successors and
assigns, a permanent easement (the Permanent Easement) for. s. treet, utility and drainage
purposes over, under, upon and across that portion of the Easement Tract legally described
on Exhibit B. The Permanent Easement shall permanently run with the title to the Easement
Tract and shall insure to the benefit of and be binding upon the parties hereto and their
respective heirs, successors and assigns, including, but without limitation all subsequent
owners of the Easement Tract and all persons claiming under them.
2. Use of Easement Tract - Grantor hereby agrees that it will not perform or
allow or cause the construction of any improvements on the Permanent Easement which
could damage or obstruct the Permanent Easement or interfere with Grantee's access to or
· 32 969
Grantee's right to construct, maintain and repair the street and utilities and the drainag?
facilities on the Permanent Easement.
3. Warranty of Title - Grantor represents and warrants to Grantee that it is the
only owner of fee simple title to the Easement Tract, and that there are no undisclosed
mortgages, contracts for deed, leases, rental agreements, occupancy agreements, o? any other
encumbrances or verbal or written agreement of any nature whatsoever affecting title to the
Easement Tract. Grantor, on behalf of itself, its successors, and assigns, hereby indemnifies
and holds harmless Grantee against and from any and all claims for loss, damage, or
expenses which may be incurred or asserted by Grantor or any party whose consent is
required to be obtained hereunder, in connection with this Grant of Easement for Street,
Utility and Drainage Purposes or Grantee's use of the Permanent Easement pursuant to this
Grant of Easement for Street, Utility and Drainage Purposes.
4. Governing Law - This Grant of Easement for Street, Utility and Drainage
Purposes shall be constructed and governed by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement
for Street, Utility and Drainage Purposes on the above date.
s:\plonniu g\claassn2.doc
3~49[;9
32"1969
Sn:. ,cUi<hE CO.,r~,, ,H.
'96Flfl¥ 8 P~ H 26
GRANTEE,
CITY OF ELK RIVER
GRANTOR:
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
This instrument was acknowledged before me this r~F_.g- day of"-f)30~ ,
1996, by Henry A. Duitsman and Sandy Thackeray, the Mayor and the City Clerk,
respectively of the City of Elk River, a Minnesota municipal corporation, on behalf
of the corporation.
NICE K. HEINECKE
S~E~URN~ COUNTY
~ ,~.~,: ,~ Hotary Public
STATE OF MINNESOTA
COUNTY OFc.~/1~.i/~//c~xss'
This instru~m, ent was ac. knowledged befqre me this
N~tary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
340-5555
s:\plannln g\¢laassn2.doc
CAROLYN K. POWERS I
NOTARY PUBLIC
MINNESOTA'
RESOLUTION 02 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY
EASEMENTS
Case No. EV 02- I 0
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:
See attached Exhibit A
Adopted by the Elk River City Council this 16th day of December, 2002.
ATTEST:
Stephanie Klinzing, Mayor
Sandra Peine, City Clerk
S:\PLANNING\Case Files\EV 02-10 City of ER Grace Addn\Resolution. DOC
Exhibit A
DRAINAGE EASEMENT A:
A Drainage Easement across that part of the Southeast Quarter of the Southwest Quarter of
Section 26, Township 33, Range 26, Sherburne County, Minnesota described as follows:
Beginning at the southwest corner of said Southeast Quarter of the Southwest Quarter;
thence on an assumed bearing of North 89 degrees 44 minutes 12 seconds East along the
south line of said Southeast Quarter of the Southwest Quarter, a distance of 95.00 feet;
thence North 37 degrees 02 minutes 17 seconds East, a distance of 146.96 feet; thence North
17 degrees 36 minutes 30 seconds East, a distance of 140.00 feet; thence North 75 degrees
23 minutes 30 seconds West, a distance of 58.00 feet; thence North 39 degrees 53 minutes 30
seconds West, a distance of 110.00 feet; thence North 71 degrees 38 minutes 30 seconds
West, a distance of 102.00 feet to the west line of said Southeast Quarter of the Southwest
Quarter; thence South 0 degrees 21 minutes 30 seconds West along said west line, a distance
of 382.35 feet to the point of beginning.
DRAINAGE EASEMENT B:
A Drainage Easement across that part of the Southeast Quarter of the Southwest Quarter of
Section 26, Township 33, Range 26, Sherburne County, Minnesota described as follows:
Commencing at the northwest corner of said Southeast Quarter of the Southwest Quarter;
thence on an assumed bearing of South 0 degrees 21 minutes 30 seconds West along the west
line of said Southeast Quarter of Southwest Quarter, a distance of 230.00 feet to the point of
beginning of the easement to be described; thence South 39 degrees 08 minutes 30 seconds
East, a distance 245.00 feet; thence South 65 degrees 08 minutes 30 seconds East, a distance
of 120 feet; thence South 8 degrees 23 minutes 30 seconds East, a distance of 115 feet;
thence South 34 degrees 51 minutes 30 seconds West, a distance of 200.00 feet; thence South
19 degrees 51 minutes 30 seconds West, a distance of 115.00 feet; thence North 88 degrees
37 minutes 50 seconds West, a distance of 130.88 feet to said west line of the Southeast
Quarter of the Southwest Quarter; thence North 0 degrees 21 minutes 30 seconds East along
said west line, a distance of 623.39 feet to the point of beginning.
DRAINAGE EASEMENT C:
A Drainage Easement across that part of the Southeast Quarter of the Southwest Quarter of
Section 26, Township 33, Range 26, Sherburne County, Minnesota described as follows:
Commencing at the northwest corner of said Southeast Quarter of the Southwest Quarter;
thence on an assumed bearing of South 89 degrees 50 minutes 57 seconds East along the
north line of said Southeast Quarter of the Southwest Quarter, a distance of 260.00 feet to the
point of beginning of the easement to be described; thence continue South 89 degrees 50
minutes 57 seconds East along said north line, a distance of 425.18 feet; thence South 0
degrees 21 minutes 30 seconds West, a distance of 367.80 feet; thence North 46 degrees 43
minutes 18 seconds West, a distance of 27.16 feet; thence North 0 degrees 21 minutes 30
seconds East, a distance of 140.00 feet; thence North 53 degrees 20 minutes 57 seconds
West, a distance of 220.00 feet; thence North 89 degrees 50 minutes 57 seconds West, a
distance of 115.00 feet; thence South 32 degrees 20 minutes 57 seconds East, a distance of
75.00 feet; thence South 24 degrees 09 minutes 03 seconds West, a distance of 55.00 feet;
thence North 89 degrees 50 minutes 57 seconds West, a distance of 50.00 feet; thence North,
0 degrees 21 minutes 30 seconds East, a distance of 40.00 feet; thence North 27 degrees 50
minutes 57 seconds West, a distance of 172.00 feet to the point of beginning.
DRAINAGE EASEMENT E:
A Drainage Easement across that part of the Southeast Quarter of the Southwest Quarter of
Section 26, Township 33, Range 26, Sherburne County, Minnesota described as follows:
Commencing at the southwest corner of said Southeast Q.uarter of the. Southwest Quarter;
thence on an assumed bearing of North 89 degrees 44 minutes 12 seconds East along the
south 'line of said Southeast Quarter of the Southwest Quarter, a distance of 300.00 feet to
the point of beginning of the easement to be described; thence continue North 89 degrees 44
minutes 12 seconds East, a distance of 85.00 feet; thence North 21 degrees 44 minutes 12
seconds East, a distance of 65.00 feet; thence South 89 degrees 44 minutes 12 seconds West,
a distance of 85.00 feet; thence South 21 degrees 44 minutes 12 seconds West, a distance of
65.00 feet to the point of beginning.
G£A C£ A ~£M~L Y
OF
UOD
CHURCH
'%.
/
/
0RAINAC[ AN0 ~,ITIUT¥ .~ASEMENTS SHOWN THUS:
I I
~ 5.00
I t 7 500
10o0-n Iltl' r-lO oo
i____~j~
f
DENOTES ~ INCH ~Y 14 INCH lEON MONUMFNT
CAP UNL[SS OTHCRWIS[ SHOWN
IRON MONUMENT FOUND
OF SECTION 26. TOWNSHIP 35. RANGE 26
MED TO HAVE A BEARING OF
SET WITH AND MARKED WITH RLS NO. 13293
THE SOUTH LINE OF THE SE Y~ OF THE SW ~
IS ASSUMED TO HAVE A BEARING OF S 89'44' 12" W
~.~.r;':,~. '~ :326 ENERGY PARK DRIVE
~:;~:- Howard ~ Green Company
~' ~ CONSULTING ENGINEERS
uune 05. 2002
PROPOSED AMENDMENT
E. All accessory structures less than one hundred twenty (120) square feet in floor area shall
comply with the required minimum setbacks and shall be anchored to the ground in compliance with
all applicable building codes. Accessory structures less than one hundred twenty (120) square feet in
floor area are permitted in any zone and may be finished with metal panels, wood, vinyl lap siding,
metal siding, and/or masonry. Canvas, fabric or plastic covered structures and prefabricated molded
plastic storage containers less than one hundred twenty (120) square feet in floor area are permitted
as an accessory structure in any residential zoning district.
F. On lots less than two and one half (2 1/2) acres in the Rlb, Rlc, Rld, Rle and residential
PUD districts, detached accessory structures greater than one hundred twenty (120) square feet may
be finished with wood, vinyl lap siding, metal siding, and/or masonry. In the A1 and Rla districts,
and on lots greater than two and one half (2 1/2) acres in the Rlb, Rlc, Rld, Rle and residential
PUD districts, accessory structures may be finished with metal panels, wood, vinyl lap siding, metal
siding, and/or masonry. Accessory structures exceeding one hundred twenty (120) square feet in
floor area, in any zoning district, may not be finished with canvas, fabric and/or plastic membranes.
With the exception of the A1 district, galvanized corrugated panels shall not be allowed. Metal
panels shall be allowed as a roofing material on any accessory structure.
G. All accessory structures greater than one hundred twenty (120) square feet shall require a
building permit and comply with all applicable building codes. In any zoning district, all metal
finishes/coverings shall be factory pre-finished.
H. Temporary tent structures of any size will be allowed for, but not limited to, family
gatherings, weddings and special occasions/events. Temporary accessory structures shall not be
erected for more than four (4) consecutive days and shall not be erected again for a period of three
(3) days thereafter. Temporary. tent structures shall comply with the required minimum setbacks and
shall be anchored to the ground in compliance with all applicable building codes. For events
requiring more than four (4) days, a general planning permit shall be required.
Definitions:
Metal Pands: Metal exterior finishes that are applied to the exterior of walls and roofs which are
greater than eight (8) inches in width.
Metal Siding: Metal exterior finishes that are applied to the exterior of walls which are eight (8)
inches or less in width.
Temporary. Tent Structure: A tent/canopy structure that is constructed of a lightweight flame with a
canvas, fabric or similar skin that is designed or intended to be erected at a site as protection from
the elements during a special occasion/event. The structure must comply with UL fire retardant
requirements.
(This is for reference to metal panels only)
Rib, R1 c, R1 d, R1 e and Residemial PUD Districts
For Structures greater than 120 Square Feet
Less than 2 lA Acres
Greater than 2 ~ Acres
No Metal Panels
Metal Panels Allowed
A1 and Rla Districts
Any Lot Size
Metal Panels Allowed
ORDINANCE 02 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900.08 "DEFINITIONS" and 900.20.3 "ACCESSORY BUILDINGS"
OF THE CITY CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.08 titled "Definitions" of the City of Elk River Code of
Ordinances shall be amended read as follows:
Metal panels: Metal exterior finishes that are applied to the exterior of walls and roofs which are
greater than eight (8) inches in width.
Metal siding: Metal exterior finishes that are applied to the exterior of walls which are eight (8)
inches or less in width.
Temporary Tent Stmctttre: A tent/canopy structure that is constructed of a lightweight frame with a
canvas, fabric or similar skin that is designed or intended to be erected at a site as protection from
the elements during a spedal occasion/event. The structure must comply with UL fire retardant
requirements.
Section 2. Section 900.20.3 titled "Accessory Buildings" of the City of Elk River Code
of Ordinances shall be amended read as follows:
E. All accessory structures less than one hundred twenty (120) square feet in floor area shall
comply with the required minimum setbacks and shall be anchored to the ground in compliance with
all applicable building codes. Accessory structures less than one hun&ed twenty (120) square feet in
floor area are permitted in any zone and may be finished with metal panels, wood, vinyl lap siding,
metal siding, and/or masonry. Canvas, fabric or plastic covered structures and prefabricated molded
plastic storage containers less than one hundred twenty (120) square feet in floor area are permitted
as an accessory structure in any residential zoning district.
F. On lots less than two and one half (2 1/2) acres in the Rlb, Rlc, Rld, Rle and residential
PUD districts, detached accessory structures greater than one hundred twenty (120) square feet may
be finished with wood, vinyl lap siding, metal siding, and/or masonry. In the A1 and Rla districts,
and on lots greater than two and one half (2 1/2) acres in the Rlb, Rlc, Rld, Rle and residential
PUD districts, accessory structures may be finished with metal panels, wood, vinyl lap siding, metal
siding, and/or masonry. Accessory structures exceeding one hundred twenty (120) square feet in
floor area, in any zoning district, may not be finished with canvas, fabric and/or plastic membranes.
With the exception of the A1 district, galvanized corrugated panels shall not be allowed. Metal
panels shall be allowed as a roofing material on any accessory structure.
G. All accessory structures greater than one hundred twenty (120) square feet shall require a
building permit and comply with all applicable building codes. In any zoning district, all metal
finishes/covetings shall be factory pre-finished.
s: \planning\case ffles\oa 02-06 accessory structures\ordmanc.doc
H. Temporary tent structures of any size will be allowed for, but not limited to, family
gatherings, weddings and special occasions/events. Temporary accessory structures shall not be
erected for more than four (4) consecutive days and shall not be erected again for a period of three
(3) days thereafter. Temporary tent structures shall comply with the required minimum setbacks and
shall be anchored to the ground in compliance with all applicable building codes. For events
requiring more than four (4) days, a general planning permit shall be required.
I. In all single family residential zoning districts, a minimum twenty feet by twenty-two feet
(20' x 22') single garage shall be constructed with a minimum of 440 square feet in area.
Section 3. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this 16th day of
December, 2002.
Attest:
Stephanie Klinzing
Mayor
Sandra A. Peine
City Clerk
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