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<br />rei --\) <br />( ); <br />tIt{ <br /> <br />ITEM 4.11. <br /> <br /> <br />MEMORANDUM <br /> <br />River <br /> <br />TO: <br /> <br />MAYOR AND CITY COUNCIL <br /> <br />FROM: <br /> <br />STEPHEN ROHLF, BUILDING AND <br />ZONING ADMINISTRATOR S R. <br /> <br />DATE: FEBRUARY 16, 1999 <br /> <br />SUBJECT: MODIFICATIONS TO LEGAL <br />DESCRIPTIONS IN COVENANT ON <br />P ARKVIEW ADDITION <br /> <br />OUTLOTS A & B. P ARKVIEW ADDITION <br /> <br />The City of Elk River is the current owner of the Outlots A and B, Parkview Addition (a <br />vicinity map showing the location of this property is attached). The city filled several <br />areas of wetland when youth athletic fields were developed on these parcels. Replacement <br />wetlands were required for the wetlands filled. <br /> <br />. <br /> <br />The U.S. Army Corps of Engineers' (USACE) permit required that a restrictive covenant <br />be placed over all of the wetlands on the property, including the replacement wetlands. <br />Since the covenant was recorded, minor adjustments were made to the locations where <br />wetlands were filled and replaced. <br /> <br />LOT 1. BLOCK 1. P ARKVIEW ADDITION <br /> <br />When the city sold this lot to the current owner, several small areas of drainage easement <br />were vacated so the lot would better accommodate a house. When this issue went to the <br />Council, staff failed to vacate the USACE covenant from those parts of the easement that <br />were vacated. <br /> <br />ACTION REQUIRED <br /> <br />The Council action required is the approval of the attached resolution. which modifies the <br />legal description ofthe property covered bv the USACE's covenant. Mr. & Mrs. John <br />Lenz, the current owners of Lot I, Block I, Parkview Addition, and the USACE are in <br />agreement with this action. <br /> <br />. <br /> <br />More replacement wetland acres were created on Outlots A & B than were required for <br />the filing done to construct the athletic fields. These extra acres of replacement wetland <br />can be credited to other city projects, like the extension of Tyler Street. An additional <br />Wetland Conservation Act covenant will need to be placed over the wetlands on Outlots <br />A & B in order to use these credits. Staff plans on recording this additional covenant. <br /> <br />13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 . Fax: (612) 441-7425 <br />