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it ci <br />Elk* <br />River <br />Request for Action <br />To <br />Item Number <br />Mayor and City Council <br />7.2 <br />Agenda Section <br />Meeting Date <br />Prepared by <br />Public Hearings <br />January 17, 2023 <br />Zack Carlton, Community Development Director <br />Item Description <br />Reviewed by <br />Easement Vacation: Drainage & Utility <br />Chris Leeseber , Senior Planner <br />Reviewed by <br />Easement, Ben Olson — PID 75-453-0115 <br />Cal Portner, City Administrator <br />Action Requested <br />Adopt, by motion, a resolution vacating a drainage and utility easement upon condition the applicant prepare and <br />record an easement protecting and preserving access to County Ditch 28. <br />Background/Discussion <br />The applicant, Benjamin Olson, requests vacation of a drainage and <br />utility easement that was dedicated with the plat of Fairhaven Hills in <br />1987. The plat includes a series of drainage and utility easements <br />intended to preserve and protect county ditch 28. Unfortunately, a <br />recent review by the applicant, his surveyor, and Sherburne County <br />have found the easement does not align with the current location of <br />the county ditch. <br />The applicant, having purchased the property with the intent of <br />building a single-family home, requests the current easement be <br />vacated to accommodate the placement of his home. The proposal <br />includes a new drainage and utility easement preserving access and <br />protecting the county ditch in the correct location. The Sherburne <br />County ditch and drainage technician has reviewed this proposal and <br />their approval is attached for the record. <br />Staff recommends vacation of the drainage and utility easement as the <br />current location does not serve the intent of the recorded easement, <br />and a replacement easement, in a location approved by Sherburne <br />County, will be recorded in its place. <br />Figure I <br />Financial Impact <br />None <br />Mission/Policy/Goal <br />■ Supports the growth and development of the community. <br />■ Work with residents to solve documented concerns. <br />The Elk River Vision <br />A n elcoming community with revolutionary and spirited resourcefulness, exceptional <br />service, and community engagement that encourages and inspires prosperity. <br />CR 12 <br />�P <br />P I I E I 1 0 IY <br />NATURE <br />Updated. August 2020 <br />