6.3. SR 03-18-2002City ~
Rdver
MEMORANDUM
Item #
6.3
TO:
FROM:
DATE:
Mayor and City Council ,~ .
Scott Harlicker, Senior Plann
March 18, 2002
SUBJECT:
Case No. EV 02-02
STM Development - Easement Vacation to vacate certain
drainage and utility easements in Elk River Crossing and Elk
River Crossing Second Addition, Public Hearing - Case No. EV
02-02
Request
STM Development requests an Easement Vacation to vacate certain drainage and utility
easements in Elk River Crossing and Elk River Crossing Second Addition.
Location
East of Highway 169, south of Main street and west of Zane
Attachments
· Location Map
· Final plat Elk River Crossing Second Addition
· Final plat Elk River Crossing Third Addition
· Resolution 02-
Overview
The applicant is replatting a portion of Elk River Crossing and Elk River Crossing Second
Addition. The replat includes changing common lot lines of Lot 2, Block 1, Elk River
Crossing Second Addition and Lots 3-5 Elk River Crossing. The applicant is proposing to
replat these 4 lots into 3 lots and an outlot. These changes to the existing lot lines trigger the
need to vacate the existing drainage and utility easements that follow the old lot lines. In
order to simplify the description of the easements to be vacated, all the drainage and utility
easements on Lot 2, Block 1, Elk River Crossing Second Addition and Lots 3-5 Elk River
Crossing will be vacated. The easements to be vacated will be replaced with new easements
approved as part of Elk River Crossing Third Addition. The final plat for Elk River Crossing
is also before the Council tonight for consideration.
Recommendation
Staff recommends that the City Council approve Resolution No. 02-__ approving the
request to vacate the existing drainage and utility easement on Lot 2, Block 1, Elk River
Crossing Second Addition and Lots 3-5 Elk River Crossing with the following condition:
1. The final plat for Elk River Crossing Third Addition is approved by the City
Council.
2. All comments of the City Engineer be addressed.
3. The 40 foot wide easement that extends from the lift station to Zane Street shall not
be vacated.
3RD
O.L.B
W
2
LOCK
2
II
Ikiver
Case Number:
Location Map
EV 02-02
STM Development Elk River, LLC
ELK
RIVER
mAI ¢~
/---EXISTING COUNTY CONTROLLED ACCESS
,, N88°35'36"W
N88o59,16" E / ._ ..._ 162.77
176.98
160.49
CROSSING
2.282:
/-DETAIL A
i
~-DETAIL B
Drainage and Utility Easements are
shown thus:
,~0 0 ~tO 80 t 20
Scale in Feet
1 inch = 40 feet
O- Denotes 1/2-inch x 14-inch set ,ron pipe marked
by License rgB40.
·- Denotes found monument
Bearings shown are based on the West line of
Block 1. ELK RIVER CROSSING having on
assumed bearing of NtT"10'OT~E.
~ NO SCALE t
Being 10 feet in width and adjoining
right-of-way lines unless otherwise
indicated, and being 5 feet in width
and adjoining lot I;nes. unless otherwise
iadicoted on the plot.
SECOND ADDITION
~r~ow ALL PERSONS BY THESE PRESENTS: That Associated Investors at Elk River, Inc., o Minnesota corporation.
fee owner and Elk Terrace Mobile Home Court and Sales Inc.. a Minnesota corporobon, mortgagee of
following described property situated in the County of Sherburne. State of Minnesota to wit
Lots 1 and 2, Block 1, ELK RIVER CROSSING, according to the recorded plot thereof
Has caused the same tO be surveyed and plotted as ELK RIVER CROSSING SECOND AODITION and do hereby
dedicate to the City of Elk River. for public use forever the thoroughfare; and also dod;colin9 to the public for
public use forever the easements os shown on this plot for drainage and utility purposes only
In witness whereof, said Associated Investors of Elk River. Inc.. has caused these presents to be signed by ;ts
proper officer this -__ day of ............. 2000.
ASSOCIATED ~NVESTORS OF ELK RIVER. INC.
STATE OF MINNESOTA
COUNTY OF ..........
The-foregoing instrument was acknowledged before me this .... day of ................ 2000. by
............................. of Associated Investors of Eik River, Inc.. o Minnesota corporation, on
behalf of the corporation.
"-. NO SCALE
VICINITY MAP
· EC.~4, T.~l, R~
NO SCALE
SCHOELL & MADSON, INC.
ENGINEERS * SURVEYORS * PLANNERS
SOIL TESTING · ENVIRONMENTAL SERVICES
Notary Public ........... County. Minnesota
My Commission Expires January 3I, 2005
AlSO in witness whereof, said Elk Terrace Mobile Home Court and Soles1 ~nc, has caused these presents to be
s~gned by its proper officer this __- day of ............. 2000.
ELK TERRACE MOBILE HOME COURT & SALES. INC.
STATE OF OF MINNESOTA
COUNTY OF .............
The foregoir~g instrumemt was acknowledged before me this ___day of ............. 20OO, by
.......................... of Elk River Terrace Mobile Court and Soles, Inc., 0 Minnesota corporotion.
on behalf of the corporation.
Notary Public ............... County. Minnesota
My Commission E~pires January 31. 2005
I hereby certify that I have surveyed and platted the property described on this plot as ELK RIVER CROSSING
SECOND AOOITION; that this plat is a correct representoUon of said survey; that oil distances are correctly
shown On the plot in feet and hundredths of O foot; that oil monuments hove been placed in the ground os
shown; that the outside boundary Enes ore correctly designated and there ore no wet lands os defined in
Minnesota Statutes. Section 505.02. Subd. l. or public h[ghways to be designated other than as shown
Minnesota License NO. 1984-0
STATE OF MINNESOTA
COUNTY OF .........
The forgoing Surveyor's Certificate was acknowledged before me this .... day of ............. 20OO, by
Richard J. Williams. Jr.. Land Surveyor. Minnesota License No. 19§40
Notary Public ........... County. Minnesota
My Commission Expires January 31. 2005
Approved and accepted by the City Council of the City of Elk River. Sherburne County. Minnesota at a meeting
held this .... day of .............. 2000.
SIGNED: ........................ MAYOR
ATTEST:~ ....................... CLERK
I hereby certify that proper evidence of title has been presented to and examined by me. and I hereby approve
this plot as to form DOd execution this .... day of .............. 2000.
Elk River City Attorney
Pursuant to Sherburne County Ordinance Number 006. i hereby certify that this plat has been checked and
approved os to compliance with Chapter 505I Minnesota Statues this .... day of ............. 2000
Sherburne County Surveyor
Recommended for approval this ....day of .............. 2000.
Sherburne County Engineer
I hereby certify taxes payable in the year ..... on lands herein described ore pold in full, and there are no
delinquent taxes, and that transfer was entered this .... day of .............. 2000.
Sherburne County Auditor/Treasurer
I hereby certify that th~s instrument was filed ;n the Office of the County Recorder for record on this ....
day of ............... 2000. at .... o'clock ___.M. and was duly recorded os Document No.
............................
Sherburne County Recorder
ELK RIVER CROSSING
STR£[T
5
20g.87
N~9'O7'W
- o-- O--iTBYOIFS' LiI#/~I7 ACCESS'
ELK RIVER CROSSING
~o.
· - Oenot~s Found Monumenta.
0 - Denotes 1/2--inch x 14-inch set iron monument
marked by Licenss 198443.
0 - Denotes 1/2-1nch x 14-inch iron monument
marked by License 19840, to be set within one
year of the recording date of this plat.
Bearings shown are based on the east line of U. S.
Highway No. 169 having an assumed bearing of $17'
10'07'E.
Drainage and Utility Easements are
shown thus:
r-lO 1On
t NO SCALE t
Being 10 feet in width and adjoining
right-of-way lines unless otherwise
indicated, and being 5 feet in width
and adjoining lot lines, unless otherwise
indicated as shown on the plot.
SITE
VICINITY MAP
SECTION XX. T. XX. R. XX
( NOT TO SCALE )
(mrs&T)
SCHOELL & MADSON, INC.
ENGINEERS * SURVEYORS * PLANNERS
SOIL TESTING * ENVIRONMENTAL SERVICES
SHEET 2 OF 2 SHEETS
RESOLUTION 02 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY
EASEMENTS
Case No. EV 02-02
WHEREAS,
the property owner abutting the street, drainage, and utility easement has
requested the City Council in a petition dated February 21, 2002, to vacate
such easement according to law; and,
WHEREAS,
a public hearing was held on March 18, 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
February 28, 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
petit,on.
NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and
the drainage, and utility easement described as follows is hereby vacated:
Lot 2, Block 1, Elk River Crossing Second Addition and Lots 3-5 Elk River Crossing
Adopted by the Elk River City Council this 18~h day of March, 2002.
ATTEST:
Stephanie Klinzing, Mayor
Sandra Peine, City Clerk
S:XPLANNINGXRESOLUTI\EV 02-02.doc