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City Council Minutes Page 11 <br /> June 20,2016 <br /> iMayor Dietz confirmed Elk River Municipal Utilities is agreeable to this as <br /> presented. Mr. Carlton indicated he met with ERMU staff and they are good with it <br /> as long as the city receives the easements as outlined. <br /> Marinus VanPutton, attorney for the applicant—stated Forterra is agreeable to <br /> staff's recommendation. He added the city owns about 33-feet of right-of-way for 8th <br /> Street and the applicant would need a Quit Claim Deed for the city owned strip that <br /> runs through the road. He explained the rest of the right-of-way is owned by heirs <br /> and court action is in progress to identify reverse claims. He added all heirs have <br /> received notice and no objections have been received. <br /> There being no one else to speak to this issue,Mayor Dietz closed the public <br /> hearing. <br /> Mr. Carlton stated with the new information Mr. Van Putton presented, he would <br /> suggest adding condition #9 that a Quit Claim Deed be executed allowing transfer of <br /> the city's portion of the right-of-way for 8th Street to Forterra. <br /> Attorney Beck indicated additional Council action may be required and he will <br /> consult with the city's real estate attorney. <br /> Councilmember Westgaard questioned the property identified in pink. <br /> • AttorneyBeck explained the property is either owned bythe cityor Forterra, and,if <br /> p p p �' <br /> the applicant owns the property, the city would like to retain the easement. <br /> Moved by Councilmember Westgaard and seconded by Councilmember <br /> Olsen to adopt resolution 16-40 vacating three road right-of-way easements, <br /> Case No. EV 16-11,with the following conditions: <br /> 1. The resolution vacating the described easements will not be recorded <br /> until all conditions have been met, and the new easements have been <br /> recorded. <br /> 2. Amend Industrial Boulevard vacation request to reflect the attached <br /> graphic. <br /> 3. Complete a survey to locate all existing public utilities. <br /> 4. Prepare new easement documents to establish a 20-foot easement around <br /> all public utilities. <br /> 5. Prepare an easement document to establish an ingress/egress and utility <br /> easement on the north 60 feet (along BNSF property) of PID 75-402-0072, <br /> between the right-of-way for Quinn Avenue NW and the city-owned lot <br /> (PID 75-402-0082). <br /> 6. Obtain a title commitment on the property from the north end of the <br /> Quinn Avenue right-of-way to the BNSF property. The property shall be <br /> IIIincluded in the required ingress/egress easement. <br /> 1P-OWL01118Y ' <br />