7.7. SR 06-20-2016 - Laserfiche WebLink

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Item 1. - EV 16-11 To: City of Elk River From: Marinus Van Putten, Attorney for Applicant Date: May 13, 2016 Re: Narrative regarding Vacation of Easements We represent PIPE PORTFOLIO OWNER (MULTI) LP, a Delaware limited partnership, ("Pipe") purchaser of the Cretex plant in Elk River ("plant"). A portion of the plant was subject to street easements which we are asking the City of Elk River to vacate. Pipe and its predecessors in title had cut off the road easements described below as the easements ended at the plant's property and the only one using the easement was the plant. As a result, plant fenced of its property and the easements more than 20 years ago. The fencing has not affected the public as the public did not use the access into the plant. In 1992, according the minutes of the Elk River City Council, a vacation of the easements was approved but the follow up of obtaining and recording the resolution vacating was never recorded. The plant has now been sold to Pipe and they are now asking the City to vacate that part of Meadowvale Road (previously vacated by Sherburne County), 8t' Street and Industrial Boulevard described as follows. Parcel 1. That part of Meadowvale Road, also known as Military Road, as shown on the plat of AUDITOR'S SUBDIVISION NO. 3, which adjoins Lots 11, 12, 13, 14, and 15 of said AUDITOR'S SUBDIVISION NO. 3 and which lies East of the extension North of the East line of Upland Ave. NW, also known as County Highway No. 44. Parcel 2: That part of Industrial Boulevard which lies West of the extension North of the West line of Quinn Avenue, located over, under and across part of AUDITOR'S SUBDIVISION NO. 3. Parcel 3: That part of 8t' Street which lies West of the Quinn Avenue, located over, under and across part of AUDITOR'S SUBDIVISION NO. 3. Parcels 2 and 3 have improvements that encroach. Parcel 1 was a County Road that was vacated in 1969 by the Sherburne County pursuant to Commissioner's Minutes No. 14. No record of the creation of the road could be found in the office of the Sherburne County Recorder.