7.2. SR 08-20-2001River
13065 Orono Parkway
Elk River, MN 55330
TO:
FROM:
DATE:
SUBJECT:
Item #
MEMORANDUM
Mayor and City Council
Michele McPherso~rector of Planning
August 20, 2001
Case No. AS 01-08
Administrative Subdivision Request by Kendall Houlton
7.2.
Request
The applicant requests that an 8.41 acre parcel adjacent to Jackson Avenue be split into two
parcels.
Attachments
· Location Map
· August 13, 2001 memo from the City Engineer
· 1983 Houlton Park Gift Agreement
· Site Plan
Location
West of Jackson Avenue, south of Morrell Trucking
Zoning/Land Use
C2 Office/CC, Community Commercial
Analysis
The applicant owns an 8.41 acre vacant lot west of Jackson Avenue. Located west of the
parcel is Lions Park and the Boys & Girls Club. North of the parcel is the former Morrell
Trucking firm, and south of the parcel is the Fire Station and the Sherburne County Public
Works buildings. The applicant granted a 60-foot driveway easement to the City that is the
entry road into Lions Park and the Boys and Girls Club.
Phone: 763.441.7420
Fax: 763.441.7425
www. ci.elk-rivenmn.us
Memo to Mayor & City Council/AS 01-08
August 20, 2001
Page 2
The applicant is interested in splitting the parcel into two lots. The north parcel will be 6.36
acres and the south parcel will be 1.57 acres. Both lots meet the dimensional requirements
of the C2, Office District.
The applicant will not be required to pay park dedication fees as a result of dedicating the
property for Lions Park in 1983 (see attached agreement). Storm water management fees
will be required however, in the amount of $7,158.41.
Recommendation
Staff recommends that the administrative subdivision request to create two parcels be
approved with the following conditions:
THE CITY ENGINEER'S COMMENTS REGARDING THE LEGAL
DESCRIPTIONS BE ADDRESSED.
e
THE APPLICANT SHALL PAY SURFACE WATER MANAGEMENT
FEES PRIOR TO RECORDING THE ADMINISTRATIVE
SUBDIVISION AT THE COUNTY.
S:\PLANNING\MICHMC\CCREPRTSkAS01-08.DOC
Site
1
177TH
R3ver
Case Number:
Location Map
AS 01-08
N
Howard R, Green Company
August 13, 2001
File: 815290J-0240
Ms. Michele McPherson
Director of Planning
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, Minnesota 55330-0490
RE:
HOULTON LOTS SPLITS
JACKSON AVENUE PARCEL
Dear Ms. McPherson:
As you requested, we have reviewed the legal descriptions sUbmitted for the Houlton lot
split proposed along Jackson AVenue. As you are aware, Mr. Houlton owns a parcel
along the west side of Jackson Avenue from 8th Street on the north to between 5th and
6th Street on the south. Mr. Houlton is proposing to divide this into two parcels (referred
to as D-N and D-S) divided at the entrance to the Boys and Girls Club/Lion's Park.
Currently, there is an existing 60-foot easement for the access into the Boys and Gids
Club/Lion's Park and an additional 20-foot drainage and utility easement south of this
access easement. The 20-foot additional drainage and utility easement is for sanitary
sewer and water extended into the Boys and Girls Club.
We find that the legal descriptions are written appropriately. We would have one
comment. Additional drainage and utility easements were provided around the
perimeter of D-N and D-S, with the exception of the south line of D-N and the south line
of D-S. These two drainage and utility easements should be provided With this lot split.
If you have any questions regarding any of this information, please call.
Sincerely,
Howard R. Green Company
Terry J. Maurer, P.E.
TJM:mw
O:~PROJ\815290J\0240~Ltr-081301-McPherson.doc
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
HOULTON PARK GIFT AGREEMENT
This ~Agreement entered into by and on behalf of Houlton Investment Company,
a Minnesota Corporation, hereinafter referred to as 'Houlton', first party, and
the City of Elk River, hereinafter referred to as 'City', second party.
WHEREAS, the Elk River Lions Club together with 'City' and other civic
organizations desire to develop a recreational park area in and near the Elk
River Central Downtown Business District, and
WHEREAS, the City of Elk River as part of its storm sewer drainage plan
requires a storm sewer holding pond area to be located upon property now owned
by 'Houlton', to be hereinafter described, and
WHEREAS, 'Houlton' desires to cooperate in the creation and development
of said park and storm sewer ponding area.
IT IS HEREBY AGREED AS FOLLOWS:
1) That 'Houlton' shall gift to 'City' immediately upon the execution of
this agreement that land described on the attached Exhibit "A", being the land
primarily required for the development of said storm sewer drainage ponding area,
together with necessary storm sewer ditch and pipeline easements to connect said
ponding area to the outside boundary of the area surrounding said parcel "A", now
owned by Houlton, as is required to connect said ponding area to the balance of
the presently planned storm sewer system.
2) That, in consideration of the City's undertakings and responsibilities
expressed herein, 'Houlton', on or before December 30, 1984, shall gift to 'City'
that land surrounding said Exhibit "A" parcel, as more fully described on the
attached Exhibit "B".~The Exhibit "B" gifts shall contain a "right of reverter"
if the property ever ceases to be used for public purposes; provided that such
reverter shall expire 20 years from the date of the gift.
4) It is hereby agreed that the fair market value of Exhibit "A" property
shall be the sum of $51,100 and that the fair market value of Exhibit "B" property
shall be $102,240.
5) 'Houlton' is retaining for industrial or commercial or other development,
that land described on the attached Exhibit "C" and "D", as well as other land ad-
jacent to said Exhibit "B" land. As part of the plan for the improvement of said
park area and in order to afford 'Houlton' access to said Exhibit "C" and "D" prop-
erty, 'City' shall construct bituminous roadways from existing public right of ways
to the park area in such a manner that said roads will provide access for both
traffic and utilities to said Exhibit "C" and "D" property. The extension of
said roadway shall be without cost to 'Houlton' and said Exhibit "C" and "D" property
and any other property presently owned by 'Houlton' adjacent to said park area shall
not be assessed for said road improvements. The said public roads and utility right
of ways shall be acquired in 1984. The said roads shall be graded to normal city
specifications and provided with a class five gravel surface to normal city speci-
fications during 1984. The said roads shall be paved with a bituminous surface
Houlton Park Gift Agreement
Page Two
during 1985 or the year in which the said retained property is developed by
'Houlton', its successors or assigns, whichever is later.
6) Any clean fill to be left over from any 'City' excavation project
in 1983, 1984, or 1985, and not needed by 'City' shall be offered, without charge,
to 'Houlton' for the purpose of porviding fill to its remaining property adjacent
to said park area.
7) Pursuant to Document filed with the Sherburne County Recorder as No.
129894, the 'City' did reserve future roadway rights over the land described in
Exhibits "A" through "D" and other adjacent property. At such time as 'City' has
laid out its plan for roadways within said park area, 'City' shall vacate those
other reserved right-of-ways, described in said recorded document.
8) In developing present and future plans for the development of said park
area it is recognized that said park plans will have an effect upon the adjoining
property to be retained by 'Houlton'. In order to insure that such an effect is
not harmful to the best utilization of said retained land it is agreed that the
City will exercise its best efforts to design the park in a manner so that the
park is aesthetically compatible with adjoining lands and that 'Houlton' shall re-
tain the right to review and comment on the design plans of said park so as to
aid the coordination of the improvements to both sites.
9) City hereby acknowledges the existence of a storm sewer drainage outlet
located Within the storm water drainage easement reservation described on the
attached Exhibit "E", and City hereby agrees that 'Houlton' has no duty to maintain
said storm water drain.
10) If City fails to abide by any of the clauses in this agreement, 'Houlton'
may elect to treat this agreement null and void and shall not be required then to
consumate any gift not at such time completed.
11) City agrees that the gifts herein contemplated satisfy any and all re-
quirements of the City of Elk River for park dedication or green area dedication
for the development of the said land presently retained by 'Houlton' and adjacent
to Exhibit "B" property.
Dated this day of
HOULTON INVESTMENT ~Y
Its: Mayor
ATTESTED BY:
City Administrator
.~oo
Sec.
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