04-10-2013 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL APRIL 10, 2013 The Administrator pointed out that if the easement is not vacated and the developer modifies his plat leaving the road easement in place, nothing changes. It will still take the cooperation of other property owners in the area to bring in road access to the Brausen property. The Administrator pointed out that property owners adjacent to the road easement have not been willing to dedicate the additional 17 feet needed to have the necessary 50 -foot road easement. The Administrator acknowledged that the Brausen's have presented alternate development options which accomplish their goals, but noted the issues of Acosta and Boog not wanting to develop at this time and the resulting improvement costs to those property owners. Steve Brausen noted that retaining the easement only impacts the Pinetree Pond development by one Less lot. Brausen felt that with the easement intact it leaves the potential for development of the northeast property. Without the easement, that development is not likely to occur. The City Administrator stated that the ghost plat option makes development of the northeast property just as likely to occur as under the scenario where the easement stays in place. However, if a road is improved on the 33 -foot easement, some of the lots in Pinetree Pond become double- fronting and thus non- conforming. There was discussion on easements and the purposes for which they are dedicated. The City Attorney provided a brief history on this topic, noting that easements are dedicated with a specific purpose and their use is limited to that purpose. Blesener asked about the City's right to vacate the easement. The City Attorney noted that case law allows cities to vacate easements if they find it is in the public interests of the community to do so. Blesener introduced the following resolution and moved its adoption: RESOLUTION NO. 2013 -4 -56 — VACATING THE FOLLOWING DESCRIBED STREET EASEMENT SUBJECT TO THE FINAL PLAT APPROVAL OF PINETREE PONDS AND A DEVELOPMENT AGREEMENT WITH MASTERPIECE HOMES, INC. GOVERNING SAME AND BASED ON THE FOLLOWING FINDINGS OF FACT: The East thirty -three (E 33) feet of that part of the West one-half (W %) of the Southwest Quarter (SW %) of the Northwest Quarter (NW''') of Section 4, Town 29, Range 22 lying Northerly of Labore Road, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County. 12