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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