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<br />rll ---'\) <br />( ); <br />tl}{ <br /> <br />Item 6.9. <br /> <br /> <br />Memorandum <br /> <br />TO: <br /> <br />MAYOR AND CITY COUNCIL <br /> <br />FROM: STEPHEN ROHLF, BUILDING AND <br />ZONING ADMINISTRATOR <br />S7Z <br /> <br />DATE: OCTOBER 18, 1999 <br /> <br />SUBJECT: EASEMENT V ACTION BY <br />ASSOCIATED DEVELOPERS, INC. <br />(ELK RIVER CROSSING)/P.H. <br />EV 99-4 <br /> <br />Request <br />The request in front of the Council is to vacate the drainage easement for that portion <br />ditch located on the property included in the plat of Elk River Crossing. The City of Elk <br />River actually submitted this application. <br /> <br />. <br /> <br />Back~round <br />In 1995, the Minnesota Legislature passed special ditch legislation that allows Sherburne <br />County to turn over control of ditches or portions of ditches to the City of Elk River, <br />when it is mutually agreeable. When the city takes over a county ditch, it assumes a <br />drainage easement one rod (16.5 feet) either side of the centerline ofthat ditch, or 33 feet <br />in total width. <br /> <br />The portion of Sherburne County Ditch # 10 running between County State Aid Highway <br /># 12 and the Mississippi River was turned over to the city in the spring of 1999 to <br />accommodate the Eastern Area Improvements. The portion of this ditch shown on the <br />attached map will no longer be needed as ditch, once the storm water improvements <br />associated with Elk River Crossing are in place. <br /> <br />Recommendation <br />The developers for Elk River Crossing need to vacate the ditch easement prior to <br />recording their plat so that it is not an encumbrance on their lots. However, the storm <br />drainage improvements that will make the ditch obsolete will not be completed for some <br />time. Until these improvements are done the ditch system will need to continue to <br />function. <br /> <br />Staff recommends the city vacate that portion of ditch easement legally described on <br />the attached resolution with the stipulation that Associated Developers, Inc. <br />maintain this drainage until the storm water improvements for the plat of Elk River <br />Crossing are completed and accepted by the City of Elk River. <br /> <br />. <br /> <br />13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425 <br />