HomeMy WebLinkAbout13 - Hidden Meadows Eassement Vacation - Public Hearing STAFF REPORT
DATE: 8/1/2017
REGULAR
TO: City Council
FROM: Emily Becker, City Planner
AGENDA ITEM: Hidden Meadows Easement Vacation, Outlot A
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
Hidden Meadows 1st Addition was approved on 5/16/2006 which included the platting of the Rock Point
Church property and two outlots proposed for a future OP - Open Space Preservation development. The
deadline for final plat application for the OP development was extended from January 2007 to January 2,
2018. With last final plat extension, the owner granted a drainage and utility easement over the
watermain in Outlot A through recording Document 4073144 on July 1, 2016. The Hidden Meadows 2nd
Addition Final Plat was approved by Council on July 5, 2017. The aforementioned easement will need to
be vacated prior to recording of this plat. New easements will be provided with recording of the Final
Plat.
ISSUE BEFORE COUNCIL:
The Council is respectfully being requested to hold a public hearing and consider approval of vacation of
the drainage and utility easement over the watermain in Outlots A, Hidden Meadows.
PROPOSAL DETAILS/ANALYSIS:
The easement vacation is needed in order for Hidden Meadows 2nd Addition to be recorded. New
easements will be put into place as required with the recording of the Hidden Meadows 2nd Addition. A
public hearing is required for an easement vacation according to M.S. 412.851.
FISCAL IMPACT:
None
OPTIONS:
The Council may approve or deny the easement vacation.
RECOMMENDATION:
Staff recommends approval of the request for vacation of the drainage and utility easement over Outlot A,
Hidden Meadows, as recorded by Document 4073144 subject to the following condition:
1) Hidden Meadows 2nd Addition Final Plat must be recorded.
Page 2
“Move to approve Resolution 2017-082 approving the vacation of the drainage and utility easement
over Outlot A, Hidden Meadows as recorded by Document 4073144, subject to one condition as
recommended by Staff.”
ATTACHMENTS:
• Resolution 2017-082
• Recorded Easement, Document 4073144
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
RESOLUTION NO. 2017-082
A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT OVER OUTLOT A,
HIDDEN MEADOWS
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 and Conditional Use Permit
for Hidden Meadows 2nd Addition on April 16, 2006 by Resolution 2006-038; and
WHEREAS, PID# 02.029.21.24.0001 is owned by Rockpoint Church, 5825 Kelvin
Avenue North, Lake Elmo, MN 55042 (Owner); and
WHEREAS, the City of Lake Elmo was granted a Permanent Public Roadway and
Utility Easement over a portion of the PID# 02.029.21.24.0001, and this easement was recorded
by the Office of the Registrar of Titles of Washington County on July 1, 2016 as Document
Number 4073144; and
WHEREAS, the City has approved Hidden Meadows 2nd Addition Final Plat by
Resolution 2017-073 on July 5, 2017, which includes PID#s 02.029.21.24.0001; 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 July 1, 2016 as
Document Number 4073144 over a portion of PID# 02.029.21.24.0001, legally described as
follows:
Commencing at the southeasterly corner of said Outlot A; thence North 00 degrees 32
minutes 13 seconds West (assumed bearing) along the easterly line of said Outlot A a distance of
1067.48 feet to the point of beginning of the line to be described; thence on a bearing of WEST a
distance of 613.32 feet; thence northwesterly 45.49 feet along a non-tangential curve concave to
the southwest, having a radius of 76.95 feet, a central angle of 33 degrees 52 minutes 15 seconds
and a chord bearing of North 73 degrees 08 minutes 48 seconds West; thence South 89 degrees
55 minutes 04 seconds West and tangent to last described curve a distance of 12.72 feet; thence
westerly 211.81 feet along a tangential curve concave to the north, having a radius of 2003.92
feet and a central angle of 6 degrees 03 minutes 22 seconds; thence westerly 210.85 feet long a
reverse curve concave to the south, having a radius of 483.60 feet and a central angle of 24
degrees 58 minutes 50 seconds; thence westerly 311.81 feet along a reverse curve concave to the
north, having a radius of 924.85 feet and a central angle 19 degrees 19 minutes 01 second; thence
northerly 123.99 feet along a non-tangential curve concave to the west, having a radius of 563.51
feet, a central angle of 12 degrees 36 minutes 24 seconds and a chord bearing of North 3 degrees
27 minutes 01 seconds West; thence North 9 degrees 33 minutes 58 seconds West, tangent to last
described curve, a distance of 143.11 feet; thence northerly 144.60 feet along a tangential curve
concave to the east, having a radius of 356.27 feet and a central angle of 23 degrees 15 minutes
19 seconds to the northerly line of said Outlot A and said line there terminating. The full width
of said 50 foot easement to be prolonged to terminate at said northerly line of Outlot A.
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 Permanent Public Roadway
and Utility Easement was held on the 1st day of August 2017 before the City Council 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 19th
day of July 2017 and all interested and affected persons were given an opportunity to voice their
concerns and be heard; and
WHEREAS, the City Council in its discretion has determined that the vacation will
benefit the public interest because:
1) The City has granted Final Plat Approval for Hidden Meadows 2nd Addition, which
includes PID# 02.029.21.24.0001, a portion over which the easement has been recorded,
which will grant the City more appropriate easements for similar purposes.
WHEREAS, the Council, at its meeting on the 1st day of August 2017, considered the
easement vacation request.
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 condition:
1) Recording of the Hidden Meadows 2nd Addition Final Plat.
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 1st day of August 2017.
Effective Date:_______________________
Approved:
________________________________
Mike Pearson, Mayor
Attested by:
________________________________
Julie Johnson, City Clerk
STAFF REPORT
DATE: 8/1/2017
REGULAR
ITEM #:
TO: City Council
FROM: Emily Becker, City Planner
AGENDA ITEM: Hidden Meadows Easement Vacation, Outlot A
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
Hidden Meadows 1st Addition was approved on 5/16/2006 which included the platting of the Rock Point
Church property and two outlots proposed for a future OP - Open Space Preservation development. The
deadline for final plat application for the OP development was extended from January 2007 to January 2,
2018. With last final plat extension, the owner granted a drainage and utility easement over the
watermain in Outlot A through recording Document 4073144 on July 1, 2016. The Hidden Meadows 2nd
Addition Final Plat was approved by Council on July 5, 2017. The aforementioned easement will need to
be vacated prior to recording of this plat. New easements will be provided with recording of the Final
Plat.
ISSUE BEFORE COUNCIL:
The Council is respectfully being requested to hold a public hearing and consider approval of vacation of
the drainage and utility easement over the watermain in Outlots A, Hidden Meadows.
PROPOSAL DETAILS/ANALYSIS:
The easement vacation is needed in order for Hidden Meadows 2nd Addition to be recorded. New
easements will be put into place as required with the recording of the Hidden Meadows 2nd Addition. A
public hearing is required for an easement vacation according to M.S. 412.851.
FISCAL IMPACT:
None
OPTIONS:
The Council may approve or deny the easement vacation.
RECOMMENDATION:
Staff recommends approval of the request for vacation of the drainage and utility easement over Outlot A,
Hidden Meadows, as recorded by Document 4073144 subject to the following condition:
1) Hidden Meadows 2nd Addition Final Plat must be recorded.
City Council Meeting
August 1, 2017 Item #
Page 2
“Move to approve Resolution 2017-078 approving the vacation of the drainage and utility easement
over Outlot A, Hidden Meadows as recorded by Document 4073144, subject to one condition as
recommended by Staff.”
ATTACHMENTS:
• Resolution 2017-078
• Recorded Easement, Document 4073144
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
RESOLUTION NO. 2017-078
A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT OVER OUTLOT A,
HIDDEN MEADOWS
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 and Conditional Use Permit
for Hidden Meadows 2nd Addition on April 16, 2006 by Resolution 2006-038; and
WHEREAS, PID# 02.029.21.24.0001 is owned by Rockpoint Church, 5825 Kelvin
Avenue North, Lake Elmo, MN 55042 (Owner); and
WHEREAS, the City of Lake Elmo was granted a Permanent Public Roadway and
Utility Easement over a portion of the PID# 02.029.21.24.0001, and this easement was recorded
by the Office of the Registrar of Titles of Washington County on July 1, 2016 as Document
Number 4073144; and
WHEREAS, the City has approved Hidden Meadows 2nd Addition Final Plat by
Resolution 2017-073 on July 5, 2017, which includes PID#s 02.029.21.24.0001; 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 July 1, 2016 as
Document Number 4073144 over a portion of PID# 02.029.21.24.0001, legally described as
follows:
Commencing at the southeasterly corner of said Outlot A; thence North 00 degrees 32
minutes 13 seconds West (assumed bearing) along the easterly line of said Outlot A a distance of
1067.48 feet to the point of beginning of the line to be described; thence on a bearing of WEST a
distance of 613.32 feet; thence northwesterly 45.49 feet along a non-tangential curve concave to
the southwest, having a radius of 76.95 feet, a central angle of 33 degrees 52 minutes 15 seconds
and a chord bearing of North 73 degrees 08 minutes 48 seconds West; thence South 89 degrees
55 minutes 04 seconds West and tangent to last described curve a distance of 12.72 feet; thence
westerly 211.81 feet along a tangential curve concave to the north, having a radius of 2003.92
feet and a central angle of 6 degrees 03 minutes 22 seconds; thence westerly 210.85 feet long a
reverse curve concave to the south, having a radius of 483.60 feet and a central angle of 24
degrees 58 minutes 50 seconds; thence westerly 311.81 feet along a reverse curve concave to the
north, having a radius of 924.85 feet and a central angle 19 degrees 19 minutes 01 second; thence
northerly 123.99 feet along a non-tangential curve concave to the west, having a radius of 563.51
feet, a central angle of 12 degrees 36 minutes 24 seconds and a chord bearing of North 3 degrees
27 minutes 01 seconds West; thence North 9 degrees 33 minutes 58 seconds West, tangent to last
described curve, a distance of 143.11 feet; thence northerly 144.60 feet along a tangential curve
concave to the east, having a radius of 356.27 feet and a central angle of 23 degrees 15 minutes
19 seconds to the northerly line of said Outlot A and said line there terminating. The full width
of said 50 foot easement to be prolonged to terminate at said northerly line of Outlot A.
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 Permanent Public Roadway
and Utility Easement was held on the 1st day of August 2017 before the City Council 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 19th
day of July 2017 and all interested and affected persons were given an opportunity to voice their
concerns and be heard; and
WHEREAS, the City Council in its discretion has determined that the vacation will
benefit the public interest because:
1) The City has granted Final Plat Approval for Hidden Meadows 2nd Addition, which
includes PID# 02.029.21.24.0001, a portion over which the easement has been recorded,
which will grant the City more appropriate easements for similar purposes.
WHEREAS, the Council, at its meeting on the 1st day of August 2017, considered the
easement vacation request.
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 condition:
1) Recording of the Hidden Meadows 2nd Addition Final Plat.
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 1st day of August 2017.
Effective Date:_______________________
Approved:
________________________________
Mike Pearson, Mayor
Attested by:
________________________________
Julie Johnson, City Clerk