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5.1. SR 10-06-2008REQUEST FOR ACTION To Item Number Ci Council 5.1. Agenda Section Meeting Date Prepared by Communi Develo ment October 6, 2008 enemy Barnhart, Plannin Mana ex Item Description Reviewed by Resolution Vacating Drainage and Utility Easement Requested by Dennis Sharp (Renner Third Addition), Case No. EV 08-01 - Reviewed by Public Hearing Action Requested Staff recommends approval of the easement vacation as proposed. Background/Discussion The request is to vacate a drainage and utility easement along the north edge of Lot 1, Block 1 of Renner Third Addition. With the recent approval of Renner 4`'' addition, the easement would be located in the middle of the one of the lots, potentially hampering the buildability of that lot. No comments have been received in support or opposition to the request. Attachments • Resolution ACtIOn Motion by Second by Vote Follow Up S:\PLANNING MAIN\Case Files\EV\EV 08-01 Renner 3zd\Request Council Action EV 08-01.doc RESOLUTION 08 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING A DRAINAGE AND UTILITY EASEMENT Case No. EV 08-01 WHEREAS, the applicant has requested the City Council in a petition dated September 25, 2008 to vacate such easements according to law; and, WHEREAS, a public hearing was held on October 6, 2008, before the City Council at the Elk River City Hall on such petition after due published and posted notice had been given 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: Exhibit A Adopted. by the Elk River City Council this 6`h day of October, 2008. Stephanie Klinzing, Mayor ATTEST: Tina Allard, City Clerk E%HIBIT A Easement Vacation Exhibit for: RENNER LAND DEVELOPMENT, LLC Lot 1, Block 1 Job # 7264.40-13 Dwg.:7264-40-XHIBOl Scale: 1"=50' Date: 08/21/2008 RENNER THIRD ADDITION ,\ ~ N ~~ $o ~\ $ko~~ OUTLOT A 1 ~S6 O p~y.5 fir. ~ .~°~'1~' / 1 ~ ~.' ~ ~ ~ / 10' ~ ~~ \ 1 1 ~ ,' / Proposed ,~~ ~ ~ rn°.° ~ ~a ~~, , / oThe ' Easement ~ ~ i ~ °o°m,, Sy; ` j i T Ty/ ~VMost Vacotion Line B ` ~' i ~ °rhe N Ro SOT SO~t ~\\~ \ i\ `` ,y (of Fej cne g0Q~T04'~eN~e,Q°r~er I Line A ~ ' p°s \ 29iy ~ ~ 0 R.9; rcP ~ \ ~ ''~~~'~~6y~~oo 'r° \\\32q°R D' ~yy0~ Th \ i Ft~ ~ e \ '• o I ~j °'~ ' ~e~~FRe 'vE \ \ \ I i.i.i m 10 ~ ~ Ty'ROy S \ \ fe = oz ~ q0 et \ -r_ `o Q -i- v O ~ ~ ~ f `_- J 2 I •ai ~ ~ ~ ~ The East Line of the West 10 feet of I ~-- ~ z ~ Lot I, Block I, RENNER THIRD ADDITION. mz ~~ That part of the drainage and utility easement lying within Lot 1, Block 1, RENNER THIRD ADDITION, as dedicated on the recorded plat thereof, Sherbume County, Minnesota, lying within the northeasterly 5.00 feet of said Lot 1, lying easterly of the westerly 10 feet of said Lot 1, and lying northwesterly of the following described line: Commencing at the most southerly comer of Outlot A, RENNER THIRD ADDITION; thence North 59 degrees 19 minutes 29 seconds West along the northeasterly line of said Lot 1, a distance of 320.04 feet to the point of beginning of the line to be described; thence South 54 degrees 49 minutes 54 seconds West, a distance of 5.48 feet to the southwesterly line of the northeasterly 5 feet of said Lot 1 and there terminating. AND That part of the drainage and utility easement lying within Lot 1, Block I, RENNER THIlZD ADDITION, as dedicated on the recorded plat thereof, Sherburne County, Minnesota, lying within the westerly 10.00 feet of said Lot 1, lying northwesterly of the following described Line A and lying southeasterly of the following described Line B Line A is described as follows: Commencing at the most southerly corner of Outlot A, RENNER THIRD ADDITION; thence North 59 degrees 19 minutes 29 seconds West along the northeasterly line of said Lot 1, a distance of 320.04 feet; thence South 54 degrees 49 minutes. 54 seconds West a distance of 16.14 feet; thence southwesterly along a tangential curve concave to the northwest, having a radius of 330.00 feet and a central angle of 14 degrees 57 minutes 33 seconds, a distance of 86.16 feet to the point of beginning of Line A; thence South 69 degrees 47 minutes 27 seconds West, tangent to said curve, a distance of 17.97 feet to the west line of said Lot 1 and there terminating. Line B is descnbed as follows: Commencing at the most southerly comer of Outlot A, RENNER THIRD ADDITION; thence North 59 degrees 19 minutes 29 seconds West along the northeasterly line of said Lot 1, a distance of 320.04 feet; thence South 54 degrees 49 minutes 54 seconds West a distance of 16.14 feet; thence North 35 degrees 10 minutes 06 seconds West, a distance of 60.00 feet to the point of beginning of said Line B; thence southwesterly along anon-tangential curve concave to the northwest, having a radius of 270.00 feet and a central angle of 14 degrees 57 minutes 33 seconds, and a chord bearing of South 62 degrees 18 minutes 40.5 seconds West, a distance of 70.49 feet to the west line of said Lot 1-and there terminating. John Oliver & Associates, lnc. Civid Sngtneering, Land Surveying, Land Ptannting