HomeMy WebLinkAbout#5 Village Preserve Easement Vacation 9-6-16MAYOR AND COUNCIL COMMUNICATION
DATE: 9/6/2016
CONSENT
ITEM #: 5
AGENDA ITEM: Village Preserve Easement Vacation, Outlots C, G & H
SUBMITTED BY: Stephen Wensman, Planning Director
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Emily Becker
BACKGROUND:
GWSA Land Development, LLC recorded drainage and utility easements over all of Outlots C,
G, & H as required by a condition of approval for the Final Plat for Village Preserve. Village
Preserve 2nd Addition, approved by the City Council in April 2016, replats Outlots C, G, and H
into a residential development with appropriate drainage and utility easements. In order to
record the Village Preserve 2nd Addition final plat, the blanket easements over the outlots needs
to be vacated.
ISSUE BEFORE COUNCIL:
The Council is, respectfully, being requested to approve the vacations of drainage and utility
easements over Outlots C, G, and H, Village Preserve.
PROPOSAL DETAILS/ANALYSIS:
The easement vacation is needed in order for Village Preserve 2nd Addition to be recorded. New
easements will be put into place as required with the recording of the Village Preserve 2nd
Addition.
FISCAL IMPACT:
None
OPTIONS:
The Council can approve or deny the easement vacation.
PUBLIC HEARING/PLANNING COMMISSION MEETING:
No residents spoke for or against the vacation and no other comments were received by Staff.
City Council Meeting
September 6, 2016 [Consent Agenda Item #5]
Page 2
RECOMMENDATION:
Staff and the Planning Commission recommend approval of the request for vacation of
easements over Outlots C, G and H, Village Preserve with the following motion:
“Move to approve Resolution 2016-73 approving the vacation of drainage and utility easement
over Outlots C, G and H, Village Preserve”
ATTACHMENTS:
Planning Commission packet 8/22/16
PUBLIC HEARING – ACTION ITEM 4b
PLANNING COMMISSION
DATE: 08/22/2016
ITEM #: 4b - PUBLIC HEARING
CASE #2016-32
AGENDA ITEM: Village Preserve Drainage and Utility Easement Vacation of Outlots C, G, & H
SUBMITTED BY: Emily Becker, City Planner
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
Applicant: GWSA Land Development, LLC
Owner: GWSA Land Development, LLC
Location: Village Preserve Outlots C, G, & H
PID #s 1202921330050 (Oulot C), 1202921330054 (Outlot G), 1202921330055 (Outlot
H)
Request: Vacate Drainage and Utility Easements over the whole of aforementioned Outlots.
Applicable
Regulations:
M.S. 412.851
GWSA Land Development, LLC recorded easements over all of Outlots C, G, & H as required by a
condition of approval for the Final Plat for Village Preserve. Final Plat for Village Preserve 2nd Addition
(Outlots C, G, & H of Village Preserve) was approved by Council in April.
PROPOSAL DETAILS/ANALYSIS:
The aforementioned drainage and utility easements were put in place until the outlots were final platted.
Village Preserve 2nd Addition has been approved by the City Council and the drainage and utility
easements need to be vacated in order for GWSA to record the plat. New easements will be put into place
as required with the recording of the Village Preserve 2nd Addition.
FISCAL IMPACT:
There is no fiscal impact as new easements as required by Final Plat Approval of Village Preserve 2nd
Addition will be recorded.
RECOMMENDATION:
Based on the foregoing, Staff recommends the Planning Commission recommend approval of the
requested easement vacation:
“Move to recommend approval of a request to vacate drainage and utility easements of Outlots C, G, &
H as recorded on the Final Plat of Village Preserve.”
ATTACHMENTS:
1. Exhibit of Outlots C, G, & H of Village Preserve (easements to be vacated).
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
RESOLUTION NO. 2016-73
A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS OVER OUTLOTS C, G,
& H, VILLAGE PRESERVE
THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the City of Lake Elmo approved the final plat of Village Preserve on May
5,2015 with blanket drainage and utility easements over Outlots C, G and H; and
WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute
§412.851 to vacate the existing drainage and utility easements on Outlots C, G and H, Village
Preserve; and
WHEREAS, the City of Lake Elmo had received a request for the Final Plat of Village
Preserve 2nd Addition from GWSA Land Development, LLC, 10850 Old County Road 15, Suite
#200, Plymouth, MN 55441, replatting Outlots C, G and H, Village Preserve into a residential
development; and
WHEREAS, the City Council approved the Final Plat of Village Preserve 2nd Addition
on April 19, 2016 with new drainage and utility easements as required of the development; and
WHEREAS, the City Clerk reviewed and examined the signatures on said request and
determined that such signatures constituted all of the landowners abutting upon the portion of
easement to be vacated; and
WHEREAS, a public hearing to consider the vacation of the drainage and utility
easement was held on the August 22, 2016 at the Planning Commission in the Lake Elmo City
Hall located at 3800 Laverne Avenue North at 7:00 p.m. or shortly thereafter after due published
and posted notice had been given, as well as personal mailed notice to all property owners within
350 feet of Outlots C, G and H, Village Preserve by the City Clerk on the 8th day of August,
2016 and all interested and affected persons were given an opportunity to voice their concerns
and be heard; and
WHEREAS, the Council in its discretion has determined that the vacation will benefit
the public interest because:
1) The proposed replat of Outlots C, G and H, Village Preserve into Village Preserve 2nd
Addition complies with all applicable zoning and subdivision regulations.
2) The dedication of a new easement will be provided with the recording of Village Preserve
2nd Addition to provide the same function as the one being vacated with no negative
impact to the public.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request
for vacation of an existing drainage and utility easement is hereby granted in accordance with the
property descriptions provided above.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to
sign all documents necessary to effectuate the intent of this resolution.
Adopted by the Council this 9th day of September, 2016.
Effective Date:_______________________
Approved:
________________________________
Mike Pearson, Mayor
Attested by:
________________________________
Julie Johnson, City Clerk