HomeMy WebLinkAbout#23 - Vacation of Drainage & Utility Easement within RGC 4thSTAFF REPORT DATE: 12/20/2022 PUBLIC HEARING
TO: City Council FROM: Molly Just, Planning Director ITEM: Vacation of Drainage and Utility Easement Royal Golf Club at Lake Elmo 4th Addition BACKGROUND:
U.S. Home, LLC is requesting City approval of an easement vacation in association with the Royal Golf Club at Lake Elmo subdivision. In December 2021 the City Council approved a final plat for the 4th Addition. The 4th Addition was platted as an outlot for future final platting into lots and blocks. The applicant has an application pending for Royal Golf Club at Lake Elmo 5th Addition.
The vacation is necessary for the platting into lots and blocks of the 5th Addition and any necessary replacement drainage and utility easements will be granted. Staff is recommending approval of the request subject to meeting the condition of approval listed in this report.
ISSUE BEFORE THE CITY COUNCIL
Should the City Council hold a public hearing and approve the requested vacation of a drainage and utility easement in an outlot?
PROPOSAL DETAILS/ANALYSIS:
Applicant: U.S. Home, LLC
Property Owner: DRP MN 2, LLC
Location: Outlot B, Royal Golf Club at Lake Elmo 4th Addition
Request: Vacation of existing drainage and utility easements – new easements will be
granted with final platting into lots and blocks.
Existing Land Use/ Vacant outlot and GCC/PUD. Zoning: Surrounding: North – Rural Single Family (RS) and Rural Residential (RR); west – Public
Facilities (PF); south and east – Golf Course Community (GCC) and PUD.
Comprehensive Plan: GCC – Golf Course Community History: Preliminary Plat and PUD Plans approval was granted on June 6, 2017 by Resolution 2017-04. Four Final Plats have been approved so far. 46 lots remain for Final Plat approval into lots and blocks.
Deadline for Action: Application Complete – 11/15/2022 60 Day Deadline – 1/23/2023 Applicable Regulations: Minn. Stat. § 462.358, subd. 7 Minn. Stat. § 412.851
City Council Meeting December 20, 2022 Page 2 PROJECT ANALYSIS
The property encumbered by the drainage and utility easement needs to be changed due to the final
platting of the property into lots and blocks. The City will receive any necessary drainage and utility easements with final platting into lots and blocks.
RECOMMENDED CONDITIONS OF APPROVAL:
Based on the above report and analysis, Staff is recommending approval of the vacation of the drainage and utility easement depicted in the attachment with the following condition:
1. The Applicant shall provide the City with replacement drainage and utility easements with the final platting of the easement area into lots and blocks.
DRAFT FINDINGS
Staff is recommending the City Council consider the following findings with regards to the proposed easement vacation:
1) The City is the holder of the Drainage and Utility Easement; and
2) The property encumbered by the Drainage and Utility Easement area needs to be changed due the final platting of the property into lots and blocks; 3) The City will receive a replacement Drainage and Utility Easement with final platting into lots and blocks; and
4) Pursuant to Minnesota Statutes Section 412.851, the City scheduled a public hearing for December 20, 2022, to consider the proposed vacation of a Drainage and Utility Easement; and 5) Notice of the public hearing was posted, published in the City’s official newspaper, and mailed to the owners of affected properties, all in accordance with law.
RECOMMENDATION:
Staff recommends that the City Council approve the vacation of a drainage and utility easement in Royal Golf Club 4th Addition.
Suggested motion:
“Move to adopt Resolution 2022-120 approving the vacation of a drainage and utility easement on
Outlot B of the Royal Golf Club at Lake Elmo 4th Addition, with conditions based on the findings listed in the staff report.”
ATTACHMENTS:
1. Easement Vacation Resolution 2022-120 2. Easement Vacation Application 3. Easement Exhibit with Legal Description
A-1LA515-100-788638.v2
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2022-120
RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT LOCATED WITHIN
ROYAL GOLF CLUB AT LAKE ELMO 4TH ADDITION
WHEREAS, the City of Lake Elmo (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and
WHEREAS, the City has received a request from U.S. Home, LLC, a limited liability
company (the “Applicant”) to vacate a drainage and utility easement on the property, which is legally described and depicted on Exhibit A (the “Drainage and Utility Easement”) and
WHEREAS, the City is the holder of the Drainage and Utility Easement; and
WHEREAS, the property encumbered by the Drainage and Utility Easement area needs to be changed due to the platting of the property into lots and blocks within the Royal Golf Club at Lake Elmo 5th Addition plat;
WHEREAS, the City will receive replacement drainage and utility easements as necessary:
WHEREAS, pursuant to Minnesota Statutes Section 412.851, the City scheduled a public hearing for December 20, 2022, to consider the proposed vacation of the Drainage and Utility Easement; and
WHEREAS, notice of the public hearing was posted, published in the City’s official newspaper, and mailed to the owners of affected properties, all in accordance with law; and
WHEREAS, the City held the public hearing on the proposed vacation on December 20,
2022, at which hearing all interested parties were heard; and
WHEREAS, following the public hearing, the City determined that the vacation of the Drainage and Utility Easement is in the public interest because replacement drainage and utility easements will be granted in conjunction with the platting of Royal Golf Club at Lake Elmo 5th
Addition.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows:
1.The City hereby declares that the Drainage and Utility Easement is vacated upon the
following condition being satisfied:
B-1LA515-100-788638.v2
a.The Applicant shall provide the City with replacement drainage and utilityeasements as necessary with the Royal Golf Club at Lake Elmo 5th Addition and
any other final plats.
2.The City Clerk or her designee is authorized and directed to prepare and present to theWashington County Auditor a notice that the City has completed these vacationproceedings and record with Washington County Recorder or Registrar of Titles the
notice of vacation of the easement.
Passed and duly adopted this 20th day of December, 2022, by the City Council of the City of Lake Elmo, Minnesota.
______________________________ Charles Cadenhead, Mayor
ATTEST:
_________________________________ Julie Johnson, City Clerk
EXHIBIT A - DRAINAGE AND UTILITY EASEMENT