6.3. SR 05-21-2007 - Laserfiche WebLink

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Petition ofMSIR 5 LLC to Vacate Drainage and Utility Easement in Lot 1, Block 1, Elk River Crossing, Sixth Addition Proiect Narrative The Petitioner, MSIR 5 LLC, is the owner of Lot 1, Block 1, Elk River Crossing, Sixth Addition (the "Property"). The address of the Property is 11150 179th Avenue NW, Elk River, Minnesota. The Property is leased to Tractor Supply Company, which operates a retail store at that location. The building located on the Property was completed in 2006, and the Tractor Supply Store opened for business in September, 2006. A building permit for the construction of the building was issued in 2005, and a Certificate of Occupancy was issued on September 8, 2006. The Property was previously platted as portions of Lot 1, Block 3, Elk River Crossing, and Lot 1, Block 1, Elk River Business Park. The plat of Elk River Business Park shows a drainage and utility easement (the "Easement") dedicated over a large area on the west side of that lot. We are informed that the easement covered what had at one time been a wetland. The Easement is shown on the plat of Elk River Crossing, Sixth Addition. According to Terry Maurer, the former wetland included in the Easement no longer functions as a wetland. The Easement does not function as a drainage easement. No utilities are located in the Easement. Mr. Maurer and Mr. Barnhart both indicate that, although the Easement was not vacated when the Lot was created, the intention was to vacate the Easement and make the Property a buildable lot. The building located on the Property was constructed in the Easement as shown on the attached survey. Over one-half of the building is within the Easement. Prior to purchasing the Property, the Petitioner's attorney was provided with a letter from Mr. Barnhart indicating that the staff supports the vacation of the Easement and will cooperate with the Petitioner to vacate the Easement. A copy of that letter is attached. The Petitioner is requesting that a portion of the Easement be vacated to conform with the inteution of the City when the plat of Elk River Crossing, Sixth Addition, was adopted. The portion of the Easement that is requested to be vacated is described as follows: That part of the platted Drainage and Utility Easement located on that part of Lot 1, Block 1, Elk River Crossing, Sixth Addition, formerly included in Lot 1, Block 1, Elk River Business Park, except the westerly, southerly and easterly 10 feet thereof. The intent is to leave a 10-foot strip of the Easement along the westerly, southerly and easterly boundaries ofthe southerly portion of the Property. DATE RECEIVED ij- ;(0-07