03-27-2013 Council Agenda - Laserfiche WebLink

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➢ To that end, the public purpose being achieve by the vacation is enabling the redevelopment of 2966 Arcade Street in a manner that is consistent with our Comprehensive Plan, it will enhance our tax base by allowing the construction of higher value homes, it will ensure that other development will be done in a manner that won't create non - conformities with our zoning and subdivision ordinance due to the creation of double frontage lots, and the redevelopment of this property helps to ensure the City recovers our investment made in 2008 that was done to eliminate the blighting influence 2966 Arcade was having on the neighborhood. ➢ The City Engineer has reviewed this proposal and notes that there are not present or needed for the proposed development of Pine Tree Pond. (See Attachment #8) Recommendation: Staff's recommendation is that we vacate the entire 33 foot easement. Assuming the title will vest in the owner of 2966 Arcade (Masterpiece Homes, Inc.), we would recommend that Masterpiece Homes, Inc. deed the easterly 25 feet of the vacated easement to the City of Little Canada from the westerly property line of Lot 3, Block 1 of Pine Tree Pond continuing north to the northerly line of the easement in question. (See Diagram #5 — with the 25 feet to be deeded to the City noted in red, the green and black to be retained by Pine Tree Ponds.) The City will in turn hold this land for the owners of the Acosta/Boog/Brausen properties until such time as a development is proposed involving all three of the properties. When that occurs, the City will deed that 25 feet to those owners condition upon their agreement that the road right -of -way dedicated to serve their proposed subdivision can't use this 25 feet except for the new street to cross the former easement area. While this recommendation is not likely to achieve the Brausen's goal of developing their property sooner rather than later, the City has kept the possibility in play in a manner that requires Tess cooperating property owners than was necessary before Pine Tree Pond. This option also requires them to dedicate a net 25 feet of land for right -of -way versus 50 feet had the City simply vacated the easement without the deed back provision. In this way, the three property owners are simply dedicating one -half of the needed right -of -way given they gain an additional 25 feet of land to the west of their current property line. This concept also allows the Pine Tree Pond plat to move forward with minor modifications. cc: Masterpiece Homes, Inc. Dan Brausen Steve Brausen Dave Brausen Laurie Brausen Gail Acosta Jerry Boog Mike & Jan Bilek 5