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<br /> <br />Item 5.3. <br /> <br />City of <br />Elk ~ <br />River- , <br /> <br />MEMORANDUM <br /> <br />TO: <br /> <br />Mayor and City Council <br /> <br />DATE: <br /> <br />Stephen Rohlf, Building and Environmental Administrator <br />5IL <br /> <br />October 18. 2004 <br /> <br />FROM: <br /> <br />SUBJECT: <br /> <br />Easement Vacation by Richard Schulz EA 04-05/PH <br /> <br />Request <br />Richard Schulz is requesting to vacation a portion of the drainage and utility easement <br />located in the side yard between Lots 2 and 3, Block 1, Elk River Plaza Third Addition. <br /> <br />Attachments <br />~ Vicinity map showing the location of Lots 2 and 3, Block 1, Elk River Plaza Third <br />Addition. <br /> <br />~ An 8 Yz by 11 inch drawing showing the portion of the easement proposed to be <br />vacated and a new replacement easement. <br /> <br />~ A resolution ordering the vacation. <br /> <br />Background <br />The air conditioning unit for R & D Sales, which is owned by Rich Schulz, was inadvertently <br />placed in a drainage and utility easement. Staff had Mr. Schulz contact Gopher One to have <br />the utilities in the easement located. Apparently, Elk River Municipal Utility (ERMU) is the <br />only utility utilizing the portion of the easement where the air conditioning unit is located. <br />City and ERMU staff met with Mr. Schulz and his contractor regarding relocating this unit. <br />However, other than the front yard there is virtually no other location that accommodates <br />this rather large piece of mechanical equipment. Additionally, the unit can't be placed on the <br />roof of the R & D Sales building without significant structural alteration. <br /> <br />Staff feels that a logical compromise is to grant a new easement, relocate utilities and then <br />vacate that portion of the existing easement occupied by the air conditioner. The adjacent <br />property is Dolphin Carwash. The owner of this business is agreeable to dedicating the new <br />easement. <br />