7.6. SR 09-18-1995~~r ~~
ITEM 7.6.
'ty of ~~ MEMORANDUM
l~ ~ TO: Mayor & City Council
Rover
FROM: Gary Schmitz, Planning Assistant
DATE: September 18, 1995
SUBJECT: Drainage and Utility Easement
Vacation Request by Joe and Therese
Nelson, Public Hearing
Case No. EV 95-09
Issue
Joe and Therese Nelson are requesting a drainage and utility easement
vacation in the M-Vale Subdivision.
Location
• Lot 7, Block 3, M-Vale, 19478 Lander Street NW, Elk River, Minnesota
Zoning/Land Use
Rla (Single Family Residential)
LR (Low Density Residential)
Attachments
Resolution 95-
Location Map
Zoning Map
Site Plan
Background
Joe and Therese Nelson are requesting a drainage and utility easement
vacation for a portion of a large drainage and utility area in the M-Vale
Subdivision. A section of County Ditch 28 also runs through the drainage
and utility easement area. The reason for the drainage and utility easement
vacation is that the applicant would like to construct a detached garage in
• this area. Structures are not allowed in a drainage and utility easement.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
• Drainage and Utility Easement
The drainage and utility easement which is located to the rear of the parcel is
part of a large wetland area which encompasses several portions of
neighboring parcels. When the M-Vale Subdivision was platted in 1986, the
developer blocked off large sections of area for drainage and utility purposes.
Some of the fringe area blocked off for drainage and utility purpose is not
classified as wetland and does not need to be included as drainage and utility
easement. The particular area proposed to be vacated is part of the
applicants yard which he currently mows and maintains. It is not considered
wetland or low land and is clearly an up land area. Therefore, it should not
jeopardize the wetland area to the rear of the parcel. City Engineer Terry
Maurer has been notified of this request and does not see a problem with
vacating the proposed area.
County Ditch 28
A section of County Ditch 28 bisects the Nelson's property. A 45 foot
drainage and utility easement protects the ditch and should be sufficient to
allow future upgrades to the ditch system. Sherburne County has been
notified of this request and does not have a problem with the 45 foot
• easement over the ditch. There is an existing crossing of the ditch to the area
to be vacated. Therefore, no filling will be required for this project and the
applicant will have access to the vacated area.
Proposed Gara~'e
If the easement vacation is approved, the applicant is proposing to construct
a 12 foot by 16 foot shed on the vacated area. The 192 square foot accessory
building will meet all setback and maximum square foot requirements.
Recommendation
It is recommended that the City Council approve the vacation of the drainage
and utility easement as indicated in the attached resolution which specifies
the easement area to be vacated.
council:ev95-9
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~ J
RESOLUTION 95 -
• RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS
(Case No. EV 95-9)
WHEREAS, a majority of the property owners abutting the street, drainage, and
utility easement have requested the City Council in a petition dated
August 15, 1995, to vacate such easement according to law; and,
WHEREAS, a public hearing was held on September 18, 1995, 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 August 31, 1995, 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 the attached Exhibit
A is hereby vacated with the following conditions stated below:
See attached Exhibit A
Adopted by the Elk River City Council this 18th day of September, 1995.
Henry Duitsman, Mayor
ATTEST:
Sandra Thackeray, City Clerk
•
s: document:resolution:ev95-01
EXHIBIT A
•
DESCRIPTION FOR PART OF DRAINAGE EASEMENT TO HE VACATED:
To vacate part of that drainage easement across Lot 7,
Block 3, of the duly recorded plat of M-VALE, Sherburne County,
Minnesota, lying northwesterly of aline to be hereafter known as
"Line A"• for the purposes of this description;
Said Line A being described as beginning at a point on the East line
of said Lot 7 a distance of 15.00 feet south, as measured along said East
line, of the Northeast corner of said Lot 7, also being the mast Southerly
corner of Lot 6, said Block 3; thence southwesterly to terminate said Line A
at a point on the Southwesterly line of said Lot 7 a distance of 280.00 feet,
as measured along said Southwesterly line, of the most Southerly corner of said
Lot 7.
Said part of the above described easement to be vacated is described as follows:
•+
Beginning at a point on the Northeasterly line of said Lot 7 at the point of
intersection thereof with a line 45.00 feet, as measured at right angles, northwesterly
of and parallel with the above described Line A; thence southwesterly along said parallel
line for a distance of 188.00 feet; thence northeasterly to a point on said Northeasterly
line of Lot 7 a distance of 140.00 feet, as measured along said Northeasterly line, of
said point of beginning; thence southeasterly along said Northeasterly line for 140.00
feet to said Point Of Beginning.
EXCEPTING from said easement. to be hereby vacated the Northeasterly 5.00 feet, as measure
at right angles, thereof to be retained as a drainage and utility easement.
•
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Ciry of ~l a ~ CASE EV 95-9
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,0 1~06~ Orono , ar~way • E?k River, Mai ~~„0 • (61'1---^-I-7420
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~7 i ,~ - SAS ~ EV 95-09'
~P.O . ar::xav E.k Rive.. ~(~I ~~' .,. • !~, ,~ e a 1_'?a^fJ
Sketch & DesCrip#iwo' n For: , o so Izo laa ICY
JOE NELSON 13692 SCALE IN FEET
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DESCRIPTION FOR PART OF DRAINAGE EASEMENT TO HE VACATED: ~ ~ i ~` ~ / / ~ \ \ ~°°' g~OgB'P°%y ~ '9~so ,N
To vacate part of that drainage easement across Lot 7, ~ \ I °~ ~ \ F~ f~~ s y ~~ <
Bloek 3, of the duly recorded plat of M-VALE, Sherburne County, ~ \ ~ P~ ~ ~ ~ \ °~i °f
Minnesota, lying northwesterly of a line to be hereafter known ea - - -. r , ~ / ~ ig ~ s~
"Line A" [or the purposes of this description; `~ ~~ ~ <~ _ / ~ ~ q~ \ \
/ \ ~ 30
Said Line A being described as beginning at a point on the East. line ~~i9, 7 ~ / _ ~~ ~ \
line 8of the Northeast corner of said Lot 7~ also being the most Southerly ¢O~o9c \ \ ~ ~ /~ 1° Be V°°, ~ ~ / %~ \ \
corner of Lot 8, said Block 3; thence southwesterly to terminate said Line A F ~ ~ ~!' P.0.8.~
/~~l _
at a point on the Southwesterly line of said Lot 7 a distance of 280.00 feet, °SV,, _ Y~ r5.00~ o
ns measured along said Southwesterly line,. of the moat Southerly corner of said R'~~ . - ~~ ~ , ~ j88•~ E°5eme°i ~ ~ ~ ~- ~ (
Lot 7. \ ~ ~°m°9e ~ ~ . i n
Said part of the above described easement to be vacated is described ea follows: s, \~ `~ ~ -ReiOM~ ~ ~'
`SO. 1 ~ ~,' I O
Beginning at a point on the Northeasterly line of said Lot 7 at the point of *,p, "p" ( y
intersection thereof with a line 45.00 feet, ea measured at right angles, northwesterly `~i+ ~ ~' ~~ -L~~ _~ _a0
of and parallel with the above described Line A; thence southwesterly slang said parallel F 1 -- '
line for a distance of 188.00 feat; thence northeasterly to a point on said Northeasterly ii ~ ~ '
line of Lot 7 a distance of 140.00 feet, as measured along said Northeasterly line, of s`~~ ~~\ ~ o ~
said point of beginning; thence southeasterly along said Northeasterlp line for 140.00
feat to acid Point Oi Beginning.
EXCEPTWG from said easement to be hereby vacated the Northeasterly b.00 feet, as measured
et right angles, thereat to be retained sa a drainage and utility easement.
SC 11: /Nelaon.vac 8/4/95 FIIe #7182.0
NOTE: Size & Shape Of Area To Be Vacated Yfaa Determined By City's Planning Department
I hereby certify that this sketch & description was John ONver & As8oelateS, MC. DATE: 8/7/95
prepared by me or under my direct supervision exu +es~+*r. tens s~.«.ve.,o, taM Plnwnby BK/PG: N/A
and that I am a duly Licensed Land Surveyor
680 Dodge dvtnue DRAWN BY: SLF
under the laws of the State of Minnesota. slx Rtver, Ytnrwsota CHECKED BY: JO
(9fP}/4l-207E (FA%)44r-6885
REYiS10NS:
E0f A 7Yavelera fFacdt, Suite E00
Durnevi.Ue, YN 55337
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\ (6/Y}894-3045 (FA1f)894-30<9
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Signed:
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DRAWING FILE: FILE N0.
8194
No
Date: 8f7f95 Lic DWG
SLF:\NELSON vac
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