8.12. SR 07-17-1995,~
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MEMORANDUM
ver TO: Mayor & City Council
FROM: Gary Schmitz
Planning Assistant
ITEM 8.12
DATE: July 17, 1995
SUBJECT: Easement vacation request by Jamie
Slocum and Jeffrey Redberg, Public
Hearing Case #EV95-7.
Issue
Easement vacation of the drainage and utility easement along the south
property line of lot 7, block 3, Countryside Acres.
Location
Lot 7 & 8, block 3, Countryside Acres, 20020 Gary Street, and 19994 Gary
• Street.
Attachments
Location Map, Site Plan, Resolution 95-
Overview
In 1989, a home was constructed on lot 7, block 3, Countryside Acres within
ten feet of the south side lot line. This area is zoned R1A single family
residential, which has a minimum side yard setback standard of 20 feet. In
an effort to remedy the situation and create a conforming setback, the
applicants on the two adjoining lots are proposing to readjust the south side
property boundary of lot 7, block 3, in order to have the existing home meet
the required 20-foot setback (see attached drawing). The lot line adjustment
would involve approximately equal land area (1,500 square feet) on lot 7 and
lot 8. A 12-foot drainage and utility easement (6 feet on either side of the lot
line) currently follows existing lot line will need to be vacated. The lot line
adjustment is done administratively by staff; however, the council is required
to review the easement vacation. Anew 12-foot drainage and utility
easement along the newly created lot line will also be required if this
• application is approved. There does not appear to be any type of swale used
for drainage purposes near the newly created lot line.
S: Council/EV95-7
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo To The City Council
July 17, 1995
Page 2
• Therefore, re-establishing a drainage and utility easement along the newly
created lot line should not cause a drainage problem. City engineer, Terry
Maurer, has had the opportunity to review the request, and he does not have
a problem with the lot line adjustment or easement vacation.
Recommendation
It is recommended that the City Council approve the vacation of the drainage
and utility easements on the south side lot line of lot 7, block 3, and the north
side lot line of lot 8, block 3 Countryside Acres. Attached is a Resolution
specifying the easement to be vacated, and conditions.
n
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•
S: Council/EV95-7
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FOR
JAMIE SLOCUM
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LAND OFSCRIPTIC~N
Lot 7, 81ock 3, of C(3UNTRY SIDE ACRES, according to the recorded plat thereof, on file in the office of the County Recorder,
Sherburne County, Minnesota, except that part of said lot lying southerly of the following described line:
Commenting at the southeasterly corner of said Lot 7, thenM south 79 degrees 21 minutes 31 seconds West, assumed
bearing, along the southerly line of said Lot 7 a distance of 119 GA feet, to the Point nt Beginning of the line to be described;
thence South 89 degrees 55 minutes 41 seconds West, a distance of 117.99 feet to the westerly line of said Lot 7 and there
terminating, said point of termination is North 22 degrees 15 mrnutes 28 seconds West, along the westerly line of said Lot 7, a
rll~tance of ?_8 00 feet from the Southwesterly corner of said I nh 7
AND that part of
Lot 8, Block.3, of Ct~UN rRY SIDE ACRES, according to the recorded plat thereof nn hle in ttie office of the County Recorder,
Sherburne County. Minnesota, lying northerly of the hallowing described line
Commencing al the northeast corner of said Lot ft, tt1e11rfP ~iOllth i C degrees : 1 minutes 31 seconds West, assumed bearing,
along the northerly hne of said Lot II a distance of 1 19 Od feet, to the F'oint of Beginning oh the line to be described; thence North
89 degrees 55 minutes 41 seconds East. a distant? of 33.14 feet, thence North 84 degrees 20 minutes 32 seconds East, a
distance of 88.00 feet to the easterly line of said I nt 9 and said line them terminating, said point of termination is southeasterly,
along the easterly line of said Lot R, a distance of ^rl ~(1 fepf firm rho northeast comer oT said Lot 8
Subject to easements of record, r( any Containing. Ott,,^28 square feet of land, more or less:
SURVFYnR'S NOfE:
There is a platted utility and drainage easement whir-h lies 9 (Nl iPrt northerly and 900 fret ~or.rtherly of the common lot line
between Lots 7 and 8. The client should seek legal advice for vacating said easement or moving said easement to the new
ownership line.
t hereby certify that th~is~survey was prepar'd by me r,r under my ~iirert supervision and that I am a duly Registered Land
Surveyor under the I'w~/~ /" a State of Minnesota
---~!_~,(/ - - ` -----------------'~°~!-4,..-1993
Bnrce W Skipton, Land Surveyor
Minnesota Registration No 17798