HomeMy WebLinkAbout#18 - 9450 Hudson Blvd Easement VacationLA515-110-851228.v2
STAFF REPORT
DATE: 2/7/2023
PUBLIC HEARING
TO: City Council
FROM: Sophia Jensen, City Planner
ITEM: Vacation of Easements for the DPS Lake Elmo 3rd Addition Plat
BACKGROUND:
SRD 2.0 LLC is requesting City approval of easement vacations in association with the DPS Lake
Elmo 3rd Addition Plat. In November 2022, the City Council approved a final plat for DPS Lake
Elmo 3rd Addition. The existing right-of-way, drainage and utility and utility easements have been
adjusted and rededicated within the DPS Lake Elmo 3rd Addition final plat.
ISSUE BEFORE THE CITY COUNCIL
Should the City Council hold a public hearing and approve the requested vacation of the right-of-way,
drainage and utility, and utility easements?
PROPOSAL DETAILS/ANALYSIS:
Applicant: SRD 2.0 LLC
Property Owner: DPS Lake Elmo, LLC
Location: North of Hudson Boulevard and West of Julia Avenue
Request: Vacation of existing right-of-way, drainage and utility, and utility easements
Existing Land Use/ Vacant and MU-C PUD (Mixed Use Commercial/PUD)
Zoning:
Surrounding: North – Medium Density Residential (MDR); West – Commercial (C);
South- Highway; East – High Density Residential (HDR) and PUD.
Comprehensive Plan: 2040 Comprehensive Plan – Mixed Use Commercial
History: Preliminary Plat and PUD Plans approval plus conditional use permit
approval was granted on August 16, 2022 by Resolution 2022-079. A
Zoning Map Amendment was granted on August 16th 2022 by ordinance
2022-11. Final Plat approval was granted in November 2022 by Resolution
2022-103. Final PUD approval was granted on December 20, 2022 by
Resolution 2022-124.
Deadline for Action: Application Complete – 12/22/2022
60 Day Deadline – 2/20/2023
Applicable Regulations: Minn. Stat. § 462.358, subd. 7
Minn. Stat. § 412.851
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PROJECT ANALYSIS
The areas encumbered by the drainage and utility easement and the utility will need to be changed due
to the development of the property. New drainage and utility easements will be dedicated to the City
in the plat. The area encumbered by the right-of-way easement will be dedicated to the City in the
plat.
RECOMMENDED CONDITIONS OF APPROVAL:
Based on the above report and analysis, Staff is recommending approval of the vacation of the right-
of-way, drainage and utility, and utility easements with the following conditions:
1.The recording of the plat of DPS Lake Elmo 3rd Addition that includes the replacement
right-of-way and drainage and utility easements as required by the City.
2.The Applicant and the City entering into a Stormwater and Stormwater Quality Treatment
Facility Maintenance and Easement Agreement in the City’s standard form with respect to
the stormwater facilities located on the DPS Lake Elmo 3rd Addition plat.
DRAFT FINDINGS
Staff is recommending the City Council consider the following findings with regards to the proposed
easement vacations:
1) The City is the holder of the right-of-way easement, the drainage and utility easement, and the
utility easement; and
2)The areas encumbered by the drainage and utility easement and the utility easement areas
needs to be changed due the development of the property.
3) New drainage and utility easements and right-of-way easements will be dedicated to the City
in the final plat.
4) Pursuant to Minnesota Statutes Section 412.851, the City scheduled a public hearing for
February 7th 2023, to consider the proposed vacation of the easements; 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 the easements.
Suggested motion:
“Move to adopt Resolution 2023- 009 approving the vacation of a right-of-way easement, a
drainage and utility easement, and a utility easement in relation to the DPS Lake Elmo 3rd
Addition plat with conditions based on the findings listed in the staff report.”
ATTACHMENTS:
1.Easement Vacation Resolution 2023-009
2.Easement Vacation Application
3.Engineer Memo Dated 1-10-2023
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2023-009
RESOLUTION VACATING A RIGHT-OF-WAY EASEMENT, A DRAINAGE AND UTILITY
EASEMENT, AND A UTILITY EASEMENT IN RELATION TO THE DPS LAKE ELMO 3RD
ADDITION PLAT
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 SDR 2.0 LLC, a limited liability company (the
“Applicant”) to vacate the Right-of-Way Easement that was granted by DPS-Lake Elmo, LLC to
the City of Lake Elmo that is dated January 23, 2020 and was recorded with the Washington
County Recorder on January 23, 2020 as Document No. 4228019 (the “Right-of-Way Easement”);
and
WHEREAS, the right-of-way encumbered by the Right-of-Way Easement will be encumbered by
a new right-of-way easement that will be dedicated to the City in the plat of DPS Lake Elmo 3rd
Addition; and
WHEREAS, the City has also received a request from the Applicant to vacate the drainage and
utility easement that is embedded within the Stormwater and Stormwater Quality Treatment
Facility Maintenance and Easement Agreement dated February 4, 2020 between the City of Lake
Elmo, Continental 483 Fund LLC, and DPS-Lake Elmo, LLC, recorded on April 10, 2020 with the
Washington County Recorder as Document No. 4237924 as it relates to the DPS Parcel (Outlot B,
DPS Lake Elmo) in the Agreement (the “Drainage and Utility Easement”); and
WHEREAS, because the DPS Parcel is being developed, the area to be encumbered by the
drainage and utility easement in the Drainage and Utility Easement has changed; and
WHEREAS, the Applicant and the City will enter into a new stormwater and stormwater quality
treatment facility maintenance and easement agreement with respect to the DPS 3rd Addition plat;
and
WHEREAS, the City has also received a request from the Applicant to vacate the Utility Easement
that was granted by DPS-Lake Elmo, LLC to the City of Lake Elmo dated October 3, 2014,
recorded on November 20, 2014 with the Washington County Recorder as Document No. 4007704
(the “Utility Easement”); and
WHEREAS, new drainage and utility easements to replace the drainage and utility easements
being vacated by the City in this Resolution will be dedicated to the City in the DPS Lake Elmo
3rd Addition Plat; and
WHEREAS, pursuant to Minnesota Statutes Section 412.851, the City scheduled a public hearing
for February 7, 2023, to consider the proposed vacation of the Right-of-Way Easement, the
Drainage and Utility Easement, and the Utility Easement; and
LA515-110-851228.v2
LA515-110-851228.v2
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 vacations on February 7, 2023, at
which hearing all interested parties were heard; and
WHEREAS, following the public hearing, the City determined that the vacation of the Right-of-
Way, Drainage and Utility Easement, and the Utility Easement are in the public interest because
replacement easements will be dedicated to the City in the DPS Lake Elmo 3rd Addition final plat;
and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as
follows:
1.The City hereby declares that the Right-of-Way Easement, the Drainage and Utility
Easement, and the Utility Easement are vacated upon all of the following conditions
being satisfied:
a.The recording of the plat of DPS Lake Elmo 3rd Addition that includes the
replacement right-of-way and drainage and utility easements as required by the
City; and
b.The Applicant and the City entering into a Stormwater and Stormwater Quality
Treatment Facility Maintenance and Easement Agreement with respect to the
stormwater facilities located on the DPS Lake Elmo 3rd Addition plat.
2.Upon satisfaction of all of the above conditions, the City Clerk or her designee is
authorized and directed to prepare and present to the Washington County Auditor a
notice that the City has completed these vacation proceedings and record with
Washington County Recorder the notice of completion of the vacation proceedings.
Passed and duly adopted this 7th day of February, 2023, by the City Council of the City of Lake
Elmo, Minnesota.
______________________________
Charles Cadenhead, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
Date Received: __ . :l'Hli_c:lTY_OF _ 651-747-3900Received By: _ | /\ K h. hi JVIU 380° Laverne Avenue Northpermit#: ' ^---—^—,-^ Lake Elmo, MN 55042EASEMENT VACATION APPLICATIONt'Dominik Jenson on behalf of Schafer Richardson, Hendrix Apartments, LLC and 3RD 2.0., LLCAddress:900 North Third Street, Minneapolis, MN 55401phone #612-305-7095Email AddressdJenson@s''-re-comFee Owner: DPS-Lake Elmo, LLCAddress:6007 Culligan Way, Minnetonka, MN 55345Phone #952-288-2200Email AddressQdale@mntiie-comEngineer: Joseph Bailey, SambatekAddress: 12800 Whitewater Drive, Suite 300, Minnetonka, MN 55343Phone #763-476-6019Email Address:ibailev(Q)sambatek.comProperty Location (Address):9450 Hudson Boulevard Northtjon: Outlet B, DPS Lake Elmo, Washington County, Minnesota, Abstract Propertyp|D#:3402921340012Detailed Reason for Reauest: The existing Right of Way Easement is to be vacated due to the area in which the easement lies is to be platted asRight of Way and dedicated to the City of Lake Elmo. The proposed Right of Way will be dedicated on the DPS LAKE ELMO 3rd ADDITION PLAT.The existing Drainage and Utility is Easement is to be vacated due to the easement no longer encompassing the stormwater basin. The existingstormwater basin designed to handle runofffrom Julia Ave is being expanded to handle additional discharge from Hudson Blvd. In order to handle theadditional discharge, the existing easement will need to be vacated, but will be re-dedicated on the DPS LAKE ELMO 3rd ADDITION PLAT.In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoningordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the applicationprocedures and hereby agree to pay all statements received from the City pertaining to additional application expense.Signature of applicant; - \ ^•J^^\^^^ _Date:VZ-76-z^Signature of fee owner:~^ec attacft^tettm of authwd^Own Q^.
Easement Vacation ApplicaionEASEMENT VACA TION SUBMISSION REQUIREMENTSIn accordance with the provisions of Minnesota State Statute 412,851 and outlined in Lake Elmo CityCode Section 9.20.310 the City may vacate any street, alley public grounds, public way, or any partthereof, on its own motion or petition of a majority of the owners of land abutting the aforementioned.The application for an easement vacation shall include:a. Completed application form. Both a hard copy and electronic submission.b. Narrative explaining why the easement vacation is being requested.c. Name, address, telephone number, and, if available, fax and email address of the applicant as well asof the person, firm, corporation, or association,d. Parcel ID # and Legal description.e- Survey showing existing easement(s) to be vacated and all other easements, if any, over the property.f. General location of all buildings and their approximated dimensions and square footage.g. Approximate location of all curb cuts, driveways, access roads, parking areas, off-street loading areas, andsidewalks.h. Document illustrating proposed replacement easement(s) and new legal description of replacementeasement(s), if applicable.I. Mailing labels with names and addresses of property owners within 350 feet. The city requires thatthis list be from a certified abstractor or from Washington County.j. Applicable fee listed on the Cities current fee schedule.k. Such other information as the City may require to ensure compliance with other applicable ordinances.
-n IE cn'Y 01-'1AKE ELMOCity of Lake ElmoEscrow Agreement for Municipal Review ServicesDeposit AgreementTHIS AGREEMENT is made this _ day of December _ 2022, by the Applicant andOwner (hereinafter individually and collectively referred to as "Applicant") in favor of the City of LakeElmo, a municipal corporation of Minnesota (hereinafter referred to as "City").A. "Applicant" whose name and address is:Schafer Richardson on behalf of Hendrix Apartments, LLC and 3RD 2.0., LLC900 North Third StreetMinneapolis, MN 55401B. "Owner" whose name and address is:DPS-Lake Elmo, LLC6007 Culligan WayMinnetonka, MN 55345RECITALSWHEREAS, the Applicant has applied to the City for approval for one or more of thefollowing: (Select All That Apply)/Plat (Sketch, Preliminary, Final)PUD/OP-PUD (Pre-Applicaion, Preliminary, Final)VacationConditional Use PermitInterim Use PermitComprehensive Plan AmendmentVarianceMinor SubdivisionEAW ReviewZoning Text or Map AmendmentWind GeneratorWireless Communication Permit (co-location)WHEREAS, the Applicant acknowledges the receipt of benefit to the property, from the City's technicaland compliance review of the application; andWHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412 and 462, the Citywill process the application on the condition that the Applicant enter into this Deposit Agreement,which agreement defines certain duties and responsibilities of the Applicant, as well as the City; andthe Applicant shall provide cash to the City in the amount satisfactory to the City; and provide securityto the City for the payment of all review costs incurred by the City.
NOW THEREFORE, the City and Applicant agree as follows:1. Requirement. The Applicant is required to make the necessary deposits prior to the process ofmunicipal planning, public works, legal & engineering review commences.2. Review Process. Applicant acknowledges and agrees that the City shall commence to reviewand process the review request checked above at such a time that this Agreement is executedby all parties and the cash required for the specific review is deposited and posted by the City'sFinance Department. The City may provide a review completion schedule to the Applicant atthe time of deposit. The City reserves the right to modify the schedule based on thecompleteness of the application, the need for additional information for review, or revisions tothe application that may occur during the scheduled review.3. Use of Deposited Funds. The City may draw upon the deposits to pay the costs it incurs inconnection with reviewing the application. The City shall determine all of its costs, includingboth administrative and consulting services, at the rates charged by the City or its consultants,determined according to the City's adopted fee schedule. A copy of the current administrativeand consulting rates is attached as Exhibit "N' , which rates are subject to change by the City,without notice to the Applicant. Exhibit "f\" should not be construed as an exhaustive list ofconsultants and Applicants shall be responsible for all other consulting fees related to theapplication. The City shall provide Applicant with the applicable rates for consultants used inthe review prior to commencement. This Agreement does not pertain to ancillary chargesincurred by reviewing of other governmental bodies/ including but not limited to. Soil & WaterConservation Districts, Washington County Government, Water Shed, or any other unit ofgovernment that may, by right,have review authority.4. Conditions of Deposit. The following stipulations and conditions shall apply to the depositaccount for review services contemplated under this Agreement.a. Payment shall be made to City consultants, included but not limited to legal andplanning, in the amounts billed to the City, according to consulting rates in effect at the time ofthe execution of the agreement. Such consulting deemed necessary for the proper review ofthe application shall be at a usual and customary rate as it relates to the subject matter of theapplication for payment as determined by the City.b. The City shall reimburse itself from deposit accounts for all costs and expense incurredby the City in connection with the implementation and enforcement of this Agreement.Reimbursement shall occur on a monthly basis and the City's Finance Department shall notifyApplicant of the reimbursement via account reconciliation report.c. The City shall not be responsible for paying any interest on the money deposited underthe Agreement.d. If in the discretion of both the City's Finance Department and the CommunityDevelopment Department, there is deemed to be an inadequate balance in the deposit accountto pay for all fees and costs incurred by the City, the City will notify the Applicant for the needfor an additional deposit. The total of the additional deposit shall be calculated by City staffbased on the amount of work yet to be completed in the review of the application. Applicant
agrees to make the additional deposit within (10) days of a receipt of such notice. For purposeshereof, receipt of notice shall be deemed made upon the depositing of the notice in the U.S.Mail/ postage paid. In the event, the Applicant fails to make the additional deposit with (10)days of receipt of the notice, the City will terminate its review process and not re-commenceuntil the appropriate deposit is made and posted by the City's Finance Department.e. No applications will be processed or forwarded to the appropriate governing reviewingbody by the City until all amounts due under this Agreement have been paid in full.5. Positive Balance in Escrow Accounts. Upon the happening of any of the following events, thebalance in the deposit account less outstanding fees shall be paid to the Applicant within (90)days of receipt by the City of a written request by the Applicant for payment: (1) completion ofthe development process; or (2) the application is withdrawn by the Application; (3) theapplicant is denied by the City for any reason.6. Deposit Amounts. The initial deposit amount contemplated for each the purposes describedunder the Agreement, which may be revised by the City from time to time, are set forth forExhibit //B" attached hereto.7. Accounting. If there has been activity in the account, the City will provide a monthlyaccounting of all expenses charged against the account or when requested by the Applicant. Anaccounting will also be provided when the City notices the need for an additional escrowdeposit.8. Terms of Breach. In the event of any terms of this Agreement are breached by theApplicant, including, but not limited to failure to make additional deposits when required by theCity, the City may cease processing any application submitted by the Applicant or order theApplicant to cease any further development or progress under the terms of this Agreement, orboth. Applicant indemnifies and holds the City harmless from any liability, claim, action or suitby or any obligation to the Applicant arising from or in connection with the City exercising orenforcing the terms and conditions of this Agreement or action on the Application. TheApplicant shall pay all costs and expenses, including reasonable attorney fees and suit costs,incurred by the City arising from or in connection with the City any terms and conditions of thisAgreement.9. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of thisAgreement is for any reason held to be invalid, such invalidity shall not affect the validity of theremaining portion of this Agreement.10. Binding Agreement. The parties mutually recognize and agree that all terms and conditions ofthis Agreement shall run with the land herein described and shall be binding upon the heirs,successors, administrators and assigns of the parties referenced in this Agreement.11. Amendments. The terms of this Agreement shall not be amended without the written consentof the City and all parties hereto.[ Signature Page Follows ]
IN WITNESS WHEREOF, we have hereunto set our hands and seals.APPLICANTy /'!t^ ^bnk Li- w L i .-' -..- -..r: Katie AnthonyIts: Member of 3RD 2.0., LLCOWNER:r- See attached letter of authorizationIts:By:.Its:By:.Its:STATE OF MINNESOTACOUNT/ OF WASHINGTON)ss.On this .^)<^) day oft^2<^mW^ , 20_^$t^)efore me a Notary Public within and forsaid County, personally appeared }^P\-^u^ fVt^h^DLj and _ tome personally known, to be the person described in and who executed the foregoing instrumentand acknowledged that he / she/ they executed that same as his / her / their free act and deed.KIM ERICKSONNOTARY PUBLIC1^ _ _ MINNESOTAMy Commission Expires Jan. 31, 2025INotary PublicSTATE OF MINNESOTACOUNTY OF WASHINGTONss.On thisday of_, 20_, before me a Notary Public within and forand tosaid County, personally appearedme personally known, to be the person described in and who executed the foregoing instrumentand acknowledged that he / she/ they executed that same as his / her / their free act and deed.Notary Public
'I'M E CITY OFLAKE ELMOLake Elmo City Hall651-747-39003800 Laverne Avenue NorthLake Elmo, MN 55042ACKNOWLEDGEMENT OF RESPONSIBILITYThis is to certify that I am making application for the described action by the City and that I am responsiblefor complying with all City requirements with regard to this request. This application should be processed inmy name and I am the party whom the City should contact regarding any matter pertaining to this application.I have read and understand the instructions supplied for processing this application. The documents and/orinformation I have submitted are true and correct to the best of my knowledge. I will keep myself informedof the deadlines for submission of material and of the progress of this application,understand that this application may be reviewed by City staff and consultants. I further understand thatadditional information, including, but not limited to, traffic analysis and expert testimony may be required forreview of this application, I agree to pay to the City upon demand, expenses, determined by the City, thatthe City incurs in reviewing this application and shall provide an escrow deposit to the City in an amount tobe determined by the City. Said expenses shall include, but are not limited to, staff time, engineering, legalexpenses and other consultant expenses.I agree to allow access by City personnel to the property for purposes of review of my application,<:^^/Signature of applicapt [ _^^f/L\^^ —^ Date \ (L""7A "ZQ^Z.Name of applicant Dominik Jensork_y _Phone 612-305-7095(Please Print)Name and address of Contact (if other than applicant) dJenson@sr-re.COm
THE CITY OFLAKE ELMOLake Elmo City Hall651-747-39003800 Laverne Avenue NorthLake Elmo, MN 55042AFFIRMATION OF SUFFICIENT INTERESTI hereby affirm that I am the fee title owner of the below described property or that I have writtenauthorization from the owner to pursue the described action.Dominik Jenson, Development Manager, Schafer RichardsonName of applicant —" ••'•••' —•—••> --.-.-r-...-... ..—.-3-.,(Please Print)Street address/legal description of subject property9450 Hudson Boulevard NorthLake Elmo, MN 55042Washington County, MNAbstract PropertyIT -Zcv zoz-^DateIf you are not the fee owner, attach another copy of this form which has been completed by the fee owneror a copy of your authorization to pursue this action.If a corporation is fee title holder, attach a copy of the resolution of the Board of Directors authorizing thisaction.If a joint venture or partnership is the fee owner, attach a copy of agreement authorizing this action onbehalf of the joint venture or partnership.10
DPS LAKE ELMO 3RD ADDITION\\\ \\ \v \'^ „ \ \\. \7--^, V\\^ \ \\ 544-5J-^r.-\siL<- - - -,- ORMHAC£I''L-^l/S^'l- 4^'\\n\ii ^<-^^'^^3^T^•ANouwrr^Mmr-^——^ .---""'L-> ^^^^ ^ ssa-ss-^" ^L_——"' ^- " I ,>;-'_SBOWj7Tf !s^_ NOOVO'ISt ^215.00 _ _ _ -i'23.14 ^-^^B7->z-1 --[^i^-___J/'a''9 S89'53'29-E 351.61 i^ssa-srzav 270.07 - -^-""' /----'' I ,^-r- - -i.n.r - —'- _--_------__--,C l 5S9-SJ-Z9-E 270.07 -• ^v\v^\ \ \ \\\ l--\"^ ^!;s,\\,'"^i:'7-33-\\--''\' \ \'^- .^^"y'm/n^j^ew-TV \ \ \.'1 u"L'"^Mtnl \\ \ \ \^\I \ \ \ \ T\^—.' - 'A \ \ 1^\.\\------.- DRAINAGE AND UJILlrr EASEUEHT --'\\ ^ \Y.,^^^_L————^-,—^2^^1—-^DOC NO. 4237924 348.5.5 _ '.LOT 2'^IHACEAMJJTIUT^DOC NO. 4007704,r^\-^^S^2\L___a.^_'zw_ ______ ____, _^.________----1-------^-+-S89B1B'12"W 800.185B9'55'55"W 230.61:;C':JL^"'.''.".:;[) "'i (VARIABLE WIDTH RIGHT-OF-WAY)SCALE1 INCH = 50 FEET-C10BEING ID FEET IN WIDTH AND ADJOININGPUBLIC WAYS AND BEING FIVE FEET INWIDTH AND ADJOINING SIDE LOT LINES ANDREAR LOT LINES, UNLESS OTHERWISEINDICATED ON THIS PLAT.THE EAST LINE OF OUTLOT B, DPS LAKE ELMO,ACCORDING TO THE RECORDED PLAT THEREOF,WASHINGTON COUNTY, MINNESOTA IS ASSUMED TOHAVE A BEARING OF SOUTH 00 DEGREES 06 MINUTES31 SECONDS WESTVICINITY MAPSEC. 34, T. 29 N, R. 21 WI ^ " I v^- " 15h±:^l1 „„ \!^ I ^ '/;> 1^; " r^i " ® ;5NOT TO SCALESAMBATEK, INC.ENGINEERING. PLANNINGAND LAND SURVEYINGSHEET 2 OF 2 SHEETS
PAGE 1 of 1
MEMORANDUM
Date: January 10, 2023
To: Sophia Jensen, City Planner Re: Lake Elmo Apartments (9450 Hudson Boulevard)
Cc: Marty Powers, Public Works Director Easement Vacation
Cc: Chad Isakson, PE, Assistant City Engineer
From: Jack Griffin, PE, City Engineer
An engineering review has been completed for the Lake Elmo Apartments Easement Vacation located at 9450
Hudson Boulevard. The review consisted of the following documentation received on December 29, 2022:
DPS Lake Elmo 3rd Addition Final Plat, undated.
Recorded Utility Easement, Document No. 4007704.
Recorded Right‐of‐Way Easement, Document No. 4228019.
Recorded Stormwater Maintenance and Easement Agreement, Document No. 4237924.
STATUS/FINDINGS: The approved DPS Lake Elmo 3rd Addition Final Plat will dedicate the necessary right‐of‐way
along Julia Avenue and will dedicate the necessary easement areas for the existing public storm sewer system and
public storm water ponds. Therefore, the existing recorded easement documents listed below may be vacated as
presented.
Recorded Utility Easement, Document No. 4007704.
Recorded Right‐of‐Way Easement, Document No. 4228019.
Recorded Stormwater Maintenance and Easement Agreement, Document No. 4237924.
It should be noted that the developer/applicant will still be required to execute and record a Stormwater
Maintenance and Easement Agreement in the City’s Standard form for the private owned stormwater facilities
constructed for the proposed Project.
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4285