7.3 SR 01-18-2022 - Laserfiche WebLink

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The following is the language for the Use of Easement Tract: Grantors hereby agree that they will notperform or allow or cause the construction of any improvements on the Easement Tract which could damage or obstruct the Permanent Easement or interfere with Grantee's (City of Elk River access to or Grantee's right to construct, maintain, and repair the street, utilities, or drainage on the Easement Tract. The easement granted to the city is for street, utility, and drainage purposes. However, the city has not yet needed or used the easement for those purposes. Unless and until the city opens the easement for public use, there is no public right to use or maintain the easement area. The original lot split in 1990 created two parcels, the 1-acre subject parcel and one approximately 4-acre parcel. The 4-acre parcel was the subject of future development during the easement discussion and requirement. Since 1990, the 4-acre parcel was split into two parcels, and each developed with houses and accessory structures. Land Locked (see Existing Property Access Points exhibit) There has been several questions and comments regarding parcels being landlocked (devalued) if the easement is vacated. If vacated, no parcel will become landlocked. All the properties directly adjacent to the easement (75-131- 1100, 75-131-1415, & 75-131-1405) and 75-131-1406 all have direct access to a public street. Property 75-131-1415 owns the strip of land (75-131-1401) to the west of it. The three adjacent properties meet or exceed the minimum width requirement (160') for the zoning district (R1- b). The applicant believes their property is the only one being devalued as the other properties have their own public street frontage access and do not need the easement on their private property to develop. Urban Services City water is available the full length of 185`' Ave in the subject area but not in Naples Street. Sanitary sewer is within 185 b Avenue, just outside the subject area and is not located in Naples St. Services would have to be brought from 185`h Avenue through Naples St. to and through the subject easement (approximately 550 feet) and then into a future development. These 550 feet, and about 245 of new street, would have no new lots helping offset installation costs. Section 78-97 (d) states: All buildings constructed onproperty to which apublic server is available at the time a certificate of occupancy is issued for the building shall be required to connect to the public ser er prior to occupancy. All buildings to which a public serer becomes available following legal occupancy of the building shall be required to connect to the public sewer, provided that the public sewer is within 300 feet of the structure generating wastewater and the public serer is located in a public right -of -nay or easement for utility purposes adjacent to the property, as follows: (1) Connection shall be required if either the septic system or well serving the building or property fails and needs replacement; and (2) Connection shall be requiredprior to the sale of the building or theproperty on which the building sits. If development is to occur in the area, city services (sewer and water) would be required for the new development. This also means that neighboring houses within 300-feet of the easement/right-of-way would be required to connect to the services if a new home is constructed/replaced, their septic system fails, or when they sell their home. (see Area Required to Hook Up to City Services if Available attachment) Current Access Routes (see Current Access Routes attachments) Property 75-131-1100 currently access their property, and detached accessory structure, directly from 185"' Avenue and utilize the easement as a secondary ingress/egress. Vacating the easement will not remove access to the property, nor the detached accessory structure, from a public street.