7.3. SR 02-17-2015 - Laserfiche WebLink

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City of Elk River Request for Action To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date lFebruary17, Prepared by Public Hearinj 2015 Zack Carlton, Planner I Item Description Reviewed by B&D Holdings: Easement Vacation at 9712 Jeremy Barnhart, Deputy Director CODD Highway 10 Reviewed by Cal Portner, City Administrator Action Requested Provide direction on the requested easement vacation. Based on the response, staff will provide a Finding of Fact (denial) or Resolution (approval) for the March 2, 2015, meeting. Background /Discussion The property owner at 9712 Highway 10 is requesting to vacate the entirety of the easement along the north 66 feet of the property. The applicant proposes to construct a building on the site and the presence of the easement limits the buildable area. The easement abuts Highway 10 right -of -way and holds the potential for use as a future frontage road as access changes. A title search was completed on this and nearby properties and a recording document identifying the easement benefactor or purpose was not recovered. The easement is identified as a "road easement" on property deeds, but no additional information regarding the purpose or use was found. The width of 66 feet is consistent with the standard right -of -way width for city streets. The area has generally remained unchanged since the easement was created in 1987 and the only change to the property has been a change of owner who proposes to use the location for a landscape business. The property is accessed via three easements of the same language and origin across three properties to the west. The adjacent properties were sold at different times and easements were included on each deed to maintain access between lots owned by the original owner. These easements on the adjacent properties continue to provide access for subject property. Easement ownership or benefit has not been established due to the limited information available. However, the location along Highway 10, consistency of easements among adjacent parcels, and a width consistent with a standard street right -of -way lead staff to believe that the easement was established for future use as a frontage road. When access changes along Highway 10 warrant a frontage road, the current easement provides a public benefit by reserving property for use as such. Public Comments City staff has been contacted by two residents opposing the vacation based on the potential for future use of the easement as a frontage road. Financial Impact None P a w E R E U 6 Y Template Updated 4/14 INIM UREI