HomeMy WebLinkAbout# 08 - Southwind Easement VacationSTAFF REPORT
DATE: 7/5/2017
REGULAR
ITEM #: 8
TO: City Council
FROM: Emily Becker, City Planner
AGENDA ITEM: Southwind Easement Vacation
REVIEWED BY: Stephen Wensman, Planning Director
SUMMARY AND ACTION REQUESTED:
Southwind Builder, Inc. has made a request to the City to vacate a 120 foot wide easement for public
roadway and utility purposes in order to develop the property.
GENERAL INFORMATION:
Applicant: Southwind Builders, Inc., 2372 Leibel St, White Bear Lake, MN 55110
Property Owners: Tammy Diedrich and Gerhard Rieder, 7401 Wyndham Way, Woodbury, MN
55125
Property: PID# 36.029.21.32.0002, Section 36 Township 029, Range 21
REQUEST DETAILS:
The applicant has submitted application for Final Plat and so has requested that the 120 foot wide
easement for public roadway and utility purposes over the north 474.06 feet of recorded against the
property be vacated. This easement was recorded in order to allow the City the right to enter upon
the easement area for the purpose of constructing, maintaining, installing and repairing any roadway,
equipment, materials or other relating items. The City will accept dedicated right-of-way for 5th
Street with the Final Plat.
PLANNING COMMISSION REVIEW:
The Planning Commission held a public hearing and considered the easement vacation request at its
May 8, 2017 public hearing. The Planning Commission recommended approval of the request with
an affirmative vote of 7-0.
2
RECOMMENDED CONDITION OF APPROVAL:
Based on the above Staff report and analysis, Staff and the Planning Commission recommend the
following conditions of approval to address the outstanding issues noted above and to further clarify
the City’s expectations in order for the developer to proceed with the recording of the final plat.
The recommended conditions are as follows:
1) Final Plat of the Property over which the easement is subject must be approved by Council
and recorded.
RECOMMENDATION:
Staff and the Planning Commission recommend Council adopt Resolution 2017-069 approving
vacation of the easement as recorded by Washington County on November 4, 2013 as Document
Number 39701798. Suggested motion:
“Move to adopt Resolution 2017-069 approving vacation of the easement as recorded by
Washington County on November 4, 2013 as Document Number 39701798.”
ATTACHMENTS:
1. Recorded Easement Requested to be Vacated
2. Resolution 2017-069
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
RESOLUTION NO. 2017-069
A RESOLUTION VACATING A PUBLIC ROADWAY AND UTILITY EASEMENT
WHEREAS, the City of Lake Elmo (City) is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council approved a Preliminary Plat formerly known as Lennar
Diedrich Townhouses (PID#s 36.029.21.32.0002 and 36.029.21.32.0034) on July 7 , 2015; and
WHEREAS, PID# 36.029.21.32.0002 is owned by Tammy Diedrich and Gerhard
Rieder, 7401 Wyndham Way, Woodbury, MN 55125 (Owner); and
WHEREAS, the City of Lake Elmo was granted a Public Roadway and Utility Easement
over a portion of the PID# 36.029.21.32.0002, and this easement was recorded by the Office of
the Registrar of Titles of Washington County on November 4, 2013 as Document Number
39701798; and
WHEREAS, the City has received an application for Final Plat approval for PID#s
36.029.21.32.0002 and 36.029.21.32.0034; and
WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute
§412.851 to vacate the Public Roadway and Utility Easement recorded on November 4, 2013
over a portion of PID# 36.029.21.32.0002, legally described as follows:
A 120.00 foot wide easement for public roadway and utility purposes lying over, under,
and across the following described property:
The north 474.06 feet of the Northwest Quarter of the Southwest Quarter of Secion 36,
Township 29 North, Range 21 West, Washington County, Minnesota.
The centerline of said easement is described as follows:
Commencing at the West Quarter corner of Section 36, Township 29 North, Range 21
West, Washington County, Minnesota; thence on an assumed bearing of South 00 degrees 02
minutes 54 seconds West along the west line of the Northwest Quarter of the Southwest Quarter
of said Section 36, a distance of 414.09 feet to the point of beginning of said centerline; thence
North distance of 176.86 feet a long a tangential curve concave to the southwest having a radius
of 667.00 feet and a central angle of 15 degrees 11 minutes 34 seconds; thence South 74 degrees
59 minutes 57 seconds East tangent to said curve, a distance of 50.99 feet; thence southeasterly a
distance of 176.87 feet a long a tangential curve concave to the northeast having a radus of
667.00 feet and a central angel of 15 degrees 11 minutes 37 seconds; thence North 89 degrees 48
minutes 26 seconds East tangent to said curve, a distance of 77.17 feet; thence southeasterly a
distance of 440.75 feet along a tangential curve concave to the southwest having a radius of
667.00 feet and a central angle of 37 degrees 51 minutes 38 seconds; thence South 52 degrees 19
minutes 56 seconds East tangent to said curve, a distance of 51.70 feet; thence southeasterly a
distance of 173.84 feet a long a tangential curve, concave to the northeast, having a radius of
667.00 feet and a central angle of 14 degrees 55 minutes 58 seconds, to the east line of said
Northwest Quarter of the Southwest Quarter there terminating.
The sidelines of said easement shall be prolonged or shortened to terminate on said east
line of the Northwest Quarter of the Southwest Quarter.
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 rededicated; and
WHEREAS, a public hearing to consider the vacation of the Water Main Easement was
held on the 8th day of May 2017 before 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 the Public Roadway and Utility Easement by the City Clerk on the 26th day of April 2017
and all interested and affected persons were given an opportunity to voice their concerns and be
heard; and
WHEREAS, the Planning Commission in its discretion has determined that the vacation
will benefit the public interest because:
1) The Applicant, upon receiving Final Plat approval, will construct the northern portion of
5th Street along PID#s 36.029.21.32.0002 and 36.029.21.32.0034.
WHEREAS, the Council, at its meeting on the 5th day of July 2017, considered the
recommendation of the Planning Commission.
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 Public Roadway and Utility Easement is hereby granted in accordance
with the property descriptions provided above, subject to the following conditions.
1) Final Plat of the Property over which the easement is subject must be approved by
Council and recorded.
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 5th day of July 2017.
Effective Date:_______________________
Approved:
________________________________
Mike Pearson, Mayor
Attested by:
________________________________
Julie Johnson, City Clerk