4.1. DRAFT MINUTES (3 SETS) 07-18-2016

Home Browse Search

City Council Minutes Page 11 June 20, 2016 ----------------------------- Mayor Dietz confirmed Elk River Municipal Utilities is agreeable to this as presented. Mr. Carlton indicated he met with ERMU staff and they are good with it as long as the city receives the easements as outlined. Marinus VanPutton, attorney for the applicant – stated Forterra is agreeable to th staff’s recommendation. He added the city owns about 33-feet of right-of-way for 8 Street and the applicant would need a Quit Claim Deed for the city owned strip that runs through the road. He explained the rest of the right-of-way is owned by heirs and court action is in progress to identify reverse claims. He added all heirs have received notice and no objections have been received. There being no one else to speak to this issue, Mayor Dietz closed the public hearing. Mr. Carlton stated with the new information Mr. Van Putton presented, he would suggest adding condition #9 that a Quit Claim Deed be executed allowing transfer of th the city’s portion of the right-of-way for 8 Street to Forterra. Attorney Beck indicated additional Council action may be required and he will consult with the city’s real estate attorney. Councilmember Westgaard questioned the property identified in pink. Attorney Beck explained the property is either owned by the city or Forterra, and, if the applicant owns the property, the city would like to retain the easement. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt resolution 16-40 vacating three road right-of-way easements, Case No. EV 16-11, with the following conditions: 1. The resolution vacating the described easements will not be recorded until all conditions have been met, and the new easements have been recorded. 2.Amend Industrial Boulevard vacation request to reflect the attached graphic. 3.Complete a survey to locate all existing public utilities. 4.Prepare new easement documents to establish a 20-foot easement around all public utilities. 5.Prepare an easement document to establish an ingress/egress and utility easement on the north 60 feet (along BNSF property) of PID 75-402-0072, between the right-of-way for Quinn Avenue NW and the city-owned lot (PID 75-402-0082). 6.Obtain a title commitment on the property from the north end of the Quinn Avenue right-of-way to the BNSF property. The property shall be included in the required ingress/egress easement.