6.5. SR 04-21-2003MEMORANDUM
Item #
TO:
FROM:
Mayor and City Council
Michele McPherson~,:Director
of Planning
DATE:
April 2 I, 2003
SUBJECT:
Case No. EV 03-01
Request by John Oliver and Associates to Vacate a Drainage
Easement Lying Within Lot I, Block I, Ar-Mon Commercial
Park- Public Hearing
6.5.
Request
The City Council is asked to consider an easement vacation request to vacate an area 80' x
200' on Lot 1, Block 1 Ar-Mon Commercial Park. The purpose of the vacation request will
be to allow construction of the new Sportech manufacturing facility.
Attachments
Location Map
· Excerpt from Site Han
· Memo from City Engineer
· Resolution No. 03-
· Easement Vacation Diagram
· New Grant of Easement Diagram
Analysis
The applicant is requesting the vacation of a portion of a drainage and utility easement
measuring 80' x 200'. This is illustrated on the excerpt from the site plan. The proposed fire
lane would be located within the easement area. The easement does not appear to be
providing protection to any drainage areas on the site.
In order to provide adequate drainage area on the site, the applicant is proposing to expand
the existing drainage and utility easement in exchange for approval of the vacation. The
vacation area will allow for a potential future expansion of the new Sportech manufacturing
building without encroachment into an easement area.
Memo to the Mayor and City Council
April 21, 2003
E¥03-10
Page 2
As can be noted in the City Engineer's memo, staff has no issues regarding the vacation of
the proposed portion of the drainage and utility easement.
Recommendation
Staff recommends that the City Council approve the attached Resolution vacating the 80' x
200' portion of the drainage and utility easement located on Lot 1, Block 1 Ar-Mon
Commerdal Park.
S:\PLANNING\Case Files\2003\EV 03-01 Sportech\4-21 cc memo.doc
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SITE
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162ND
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159TH
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Case Number:
Location Map
EV 03-01 AR-MON COMMERCIAL PARK
N
Easement Vacation Area
X
Howard R, Green Company
April 17, 2003
File: 812581J-0240
Ms. Michde McPherson
Director of Planning
City of Elk River Planning Department
13065 Orono Parkway
Elk River, MN 55330
RE: SPORTECH SITE PLAN
EASEMENT VACATION
Dear Ms. McPherson:
As requested, we have reviewed the proposed easement vacation on the Sportech site. As
you are aware the easement vacation is necessary to facilitate the proposed building
expansion on the site. The easement vacation will not adversely affect drainage on the site
and there will actually be an additional drainage and utility easement given in a different
location. Therefore, we would recommend approval of the proposed easement vacation.
If you have any questions regarding this issue, please call.
Sincerely,
Howard R. Green Company
Terry J. Maurer, P.E.
1326 Energy Park Drive · St. Paul, MN 55108 ° 651/644-4389 fax 651/644-9446 toll free 888/368-4389
RESOLUTION 03 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY
EASEMENTS
Case No. EV 03-01
WHEREAS,
the property owner abutting the street, drainage, and utility
easement has requested the City Council in a petition dated April 2,
2003, to vacate such easement according to law; and,
WHEREAS,
a public hearing was held on April 21, 2003 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 April 10, 2003 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 and Exhibit B
Adopted by the Elk River City Council this 21 st day of April, 2003.
ATTEST:
Stephanie Klinzing, Mayor
Sandra Peine, City Clerk
S:\PLANNING\Case Files\2003\EV 03-01 Sportech",Resolufion.doc
EXHIBIT A
EASEMENT VACATION ]DGIIBIT FOR
/
/
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.'k'~ /'-NORTH LINE OF THE
~-~." /NEI/4 OF THE NEI/4
__ J SEC. 24-, T32, R26
'84 o
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SOUTHWESTERLY .' DRAINAGE
LINE OF LOT I EASEMENT
BLOCK I AR-MON '
COMMERCIAL PARK
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47.05
SOUTHERLY
COfO4ER OF' LOT I
DRAINAGE EASEMENT TO BE VACATED
That part of the drainage eoeement I~lng within Lot I, Block I. AR--MON COMMEROAL
PARK, Sherbume County, Minnesota, as dedicated on the recorded plat thereof, described as
follows: Commencino at the most southerly comer of said Lot I; thence North 52 degrees 23
minutes 48 seconds' West, aesumed basis of beerings, along the southwesterly line of ~id Lot I, a
distance of 320.00 feet to the point of beginning; thence oontinue North 52 degrees 23 minutes
48 seconds West along sold southwesterly line of sold Lot I, a distance of 80.00 feet; thence
North 37 degrees 36 minutes 12 seconds £est, o distance of 200.00 feet; thence South 52 degrees
23 minutee 48 seconds East. a distance of 80.00 feet; thence South 37 degrees 36 minutes 12
seconds West, a distance of 200.00 feet to the point of beginning.
John Oliver & Associates, Inc.
580 Dodge Avenue
763--441--2072 (FAX)763-441-5665
I Offices i~: Elk Ri~r, Burns~Je
and Bv'ooktyn Center, Minwesota
~.^s~.u~.Nr ~.xm.,~ ~o~: SPORTECH
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NORTH LINE OF THE
NEI/4 OF' THE NEI/4
SEC. 24, T52, R26 /
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SOUTHWESTERLY ~ / ~ / DRAINA~
LINE OF L(,r I ~
BLOCK I AN ,,ION ~~
\
\
NOO°IS'O7"W
47.05
SOUTHERLY
CORNER O~ LOT I
DRAINAGE EASEMENT TO BE CREATED:
An easement for drainage purposes over, under and across the following described property:
Lot I, Block I, AR-MON COMMERCIAL PARK, according to the recorded plat thereof,
Sherburne County, Minnesota.
Said easement being described as that part of said Lot I lying southeasterly of the following described line:
Beginning at a point on the southwesterly line of said Lot I, distant 320.00 feet northwesterly of the most
southerly corner of said Lot I; thence northeasterly at a right angle to the southwesterly line of said Lot I
to the East line of said Lot I and there terminating. Except that part of said Lot I which lies within the
dedicated drainage easement as shown on the recorded plat of AR-MON COMMERCIAL PARK.
John Oliver & Associates, /nc.
580 Dodge Avenue
Elk River, Mi. nneeo~a
763-441-2072 (FAX)753-441-5665
Of. li"ieee i~' Elk Ri~wr,
and BrookIvn C~nt~r,