6.3. SR 10-20-2008REQUEST FOR ACTION
fiver
To Item Number
City Council 6.3.
Agenda Section Meeting Date Prepared by
Communi Develo ment October 20, 2008 Jerem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by Thomas O'Connor for Resolution Approving
Easement Vacation to Vacate Portion of Drainage and Utility Reviewed by
Easement, Case No. EV 08-03 -Public Hearing
Action Requested
Staff recommends adoption of the attached resolution approving the easement vacation to vacate a
portion of drainage and utility easement subject to the following conditions:
1. Applicant must provide a written legal description for the portion of the easement to be
vacated, before any work may begin in the easement area.
2. Existing 5 ft. drainage and utility easement on north property line and 10 ft. drainage and
utility easement on south property line shall remain and should not be included in the
portion of the easement to be vacated.
Summary
The applicant desires to have a portion of his easement vacated. The existing easement runs through the
yard, rendering much of his rear yard unbuildable. The City Engineer has met with the applicant, and
feels comfortable vacating the easement in question.
No comments have been received in support or opposition to the request.
Attachments
• Site Plan
Applicants narrative
Location map
Resolution
ACtlon Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\F_V\I;V 08-03 1' O'Connor\EV 08-03_CC.doc
House Staking Certificate
for
Country Oak Homes
Lot 5, Block 3, BELMONT ESTATES
City of E/k River, Sherburne County, Minnesota
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_ 701 _ - .J L - - _ . _ ELEV PER GRADI~NLAN //~~ 7~ ~^y~~
N. T, S. PLANS BY Hakanson Anderson Assoc., Inc. ~qP3 ~/, ~Ow ~I
Being 10 reel in width and adjoining Fullbasement N~ ~tTC(/~/f2-- (pT~-
rlght-or-way Ilnes, also being 5 feel LOWEST FLOOR ELEV = 913.0 aJa~ f~~~'\/ ~G?`1 ~~,
In wldlh and adjoining lot lines, unless GARAGE FLOOR ECEV = 921.0
otherwise Indlcoled, os shown on the
vlot. ~ PROPOSED HOUSE ELEVATIONS NO EXCAVATION OR CONSTRUCTION CAN BEGIN
REFERENCE BENCHMARK roP of eCOCK EiEV = 921.3 UNTIL THIS PLAN IS APPROVED BY THE LOCAL
TNH, North side 180th Ave NW, /first LOWEST FLOOR ELEV = 913.6 BUILDING INSPECTOR.
hydrant west o/ Monroe Circle os shown. GARAGE FC OOR ELEV = 92L0
Elevation 905.82 THE LOWEST FLOOR ELEVATION IS SUBJECT TO THE ACTUAL
SETBACKS HOUSE TYPE DEPTH AND ELEVATION OF THE SEWER SERVICE.
PROJECT BENCHMARK ao' /ram /root Fullbasement LOWEST FLOOR ELEVATION IS SUBJECT TO SOIL AND WATER
TNH of corners Lots 4 & 5, 20' /ram rear ZON/NG TABLE CONDITIONS.
Block 3 IO' /ram house side
EIev = 920.34 ~ 5' /ram garage side RIC ALL BEARING AND DISTANCE INFORMATION IS PER THE
R RD T
DATE: 1 1 / 1 /06 I hereby certify that this survey, plan, or
BK/PG: 71.41/31„32 report was prepared by me or under my BOGART PEDERSON
DRAWN BY: SSB direct supervision and that I am a duly ~
CHECKED BY: SSB Licensed land Surveyor under' the laws & ASSOCIATES,, INC.
of the State of Minnesota.'
REVISIONS: LAND SURVEYING
CIVIL $NGINEERfNG
ll 6/O6 Moved house south along Fhe Ol/'3p/(f~ MAPPING
setback hn es per client request, added eleva ions 13076 FlRSi STREET. fiECKER, MN 55306-9322
a ang Cur Ine ~ TEL: 763-262-0622 FAX: 763-262-8644
Signed:
SHANNON BOLLMAN
~~~~ ~~ DRAWING FILE: FILE N0.
~ate:il__~~ tic No. 44360 L5 B3 HS nF,-n51R nn
Easement Vacation
Tom O'Connor
17958 Nixon Drive NW
Elk River, MN 55330
Section 2, Township 32, Range 26, Lot 5, Block 3, Belmont Estates
Detailed description /Scope of work:
We would like to install a pool in our backyard. Running through our backyard is a
drainage easement that will not presently allow for us to install the pool.
The drainage easement only drains my property to the northwest corner of my property.
Terry Mauer met me on site and has reviewed the situation and concurs that the drainage
will go to the northwest corner and not effect any other property owners.
The original purpose of the easement does not apply to my situation and I see no reason
not to vacate the easement.
What is purpose of the Easement Vacation:
Install a pool in our backyard.
What has changed to warrant the Easement Vacation:
How is the request consistent with the City of Elk River Comprehensive Plan:
Vacating the drainage easement does not affect any other property Owner. The
purpose of the easement serves no purpose. My property does not drain on any one
else's property.
How compatible is it with surrounding properties:
As stated above, this does not effect any other property Owners. The property (lot) to
the north drains into the same area to the southwest corner of that property. The
property (lot) to the south drains south away from my property.
Thank you for your consideration and hope that this can be resolved.
Thank you
Tom O'Connor
Private Drives
Location Map
cty of N
El -~-,
1~1Ver Case Number: EV 08-03 THOMAS O'CONNOR
RESOLUTION 08 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING A DRAINAGE AND UTILITY
EASEMENT
Case No. EV 08-03
WHEREAS, the applicant has requested the City Council in a petition dated September
17, 2008 to vacate such easements according to law; and,
WHEREAS, a public hearing was held on October 20, 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 in Exhibit A is hereby vacated;
subject to the following conditions:
1. Applicant must provide a written legal description for the portion
of the easement to be vacated, before any work may begin in the
easement area.
2. Existing 5 ft. drainage and utility easement on north property
line and 10 ft. drainage and utility easement on south property
line shall remain and should not be included in the portion of the
easement to be vacated.
Adopted by the Elk River City Council this 20`'' day of October, 2008.
Stephanie K]inzing, Mayor
ATTEST:
Tina Allard, City Clerk
EXHIBIT A
Legal description of subject property:
Lot 5; Block 3, BELMONT ESTATES, Sherburne County, Minnesota
Legal description of easement: