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Home My WebLink About6A - 6094 Marlen Circle Easement VacationMEETING DATE: AUGUST 5, 2013 AGENDA #: 6A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE PUBLIC HEARING: NO AGENDA ITEM: REVIEW REQUEST TO VACATE DRAINAGE AND UTILITY EASEMENTS LOCATED WITHIN LOTS 7 & 8, BLOCK 1, GREEN OAKS 2ND ADDITION DISCUSSION: Introduction Mahowald Builders on behalf of Robert & Patty Hubbard have requested vacation of drainage and utility easements located across property at 6094 Marlen Circle (PID 25-127-008-0). The property is located north of Highway 13 S, east of Green Oaks Trail. History In 1971 Green Oaks 2nd Addition was platted into 8 residential lots with 5 foot side a rear drainage and utility easements surrounding around each lot. In 1975 a building permit was approved to construct homes on the area of lot 7 & 8 com- bined; the current home is located within the drainage and utility easement for lot 7 & 8. The City cannot determine the exact date that a majority of Lot 7 and Lot 8 were combined into a single lot; however, it appears the combination oc- curred between 1971 and 1976. The City has no record of the side and rear drainage and utility easements being vacated; therefore, to construct a future addition on the site within the easement area, the property owner is requesting the easement be vacated at this time. Current Circumstances As required by State Statute 462.356 Subd.2, the Planning Commission is re- quired to make a recommendation to the City Council regarding the disposal or acquisition of public lands and easements as it relates to compliance with the Comprehensive Plan. Upon proper notification, State Statute 412.851 allows the Council to vacate easements by resolution. The statute also states "no such vacation shall be made unless it appears to be in the public interest to do so." ISSUES: The Planning Commission must make two determinations. Does the vacation of the existing easement comply with the Comprehensive Plan and is there a public need or anticipated future need for the dedicated property? The City Council will hold a public hearing on the proposed vacation. Comprehensive Plan Review The Comprehensive Plan does not specifically discuss drainage and utility ease- ments, other than as a function of ensuring proper storm water drainage and ac- cess to public sewer and water utilities. The vacation of these easements is not inconsistent with any specific goal or objective of the Comprehensive Plan. The easement is not required as no drainage areas or utility lines exist within the ease- ment corridor. It appears a single family home was placed within the easement corridor in 1976. Public Need As no drainage areas or utility lines exist within the easement corridor and a struc- ture has been placed within the easement in 9976 the existing easements are no longer necessary for public drainage and utilities. Conclusion The existing easements are no longer necessary for public drainage and utili- ties. As a result City Staff recommends approval of the vacation of the re- quested easements with the following condition: • The approval resolution vacating the drainage and utility easements shall be recorded at the Scott County Recorder's Office within 60 days of City Council approval. ALTERNATIVES: 1. Recommend the City Council approve the proposed vacation as presented or with changes recommended by the Planning Commission. 2. Continue the discussion to a date and time certain to allow the City Staff to provide additional information specifically requested by the Planning Com- mission. 3. Based upon expressed findings of fact, recommend the City Council deny part or all of the applications based upon inconsistency of the proposal with specific regulations of the Zoning and Subdivision Ordinances and/or spe- cific policies of the Comprehensive Plan. RECOMMENDED City Staff recommends Alternative #1. A motion and second to recommend the MOTION: City Council approve the vacation as requested. EXHIBITS: 1. Location Map 2. Survey (indicating existing easements to be vacated) 3. Green Oaks 211 Addition Plat (1979) 2 EASEMENT VACATION SURVEY PREPARED POR.' r 9 Af.4H0W.4LD BUILDERS Valley Surveying Co., P.A. 7.177 150TH STREET XrSTQ � nate ow) sa] 25]D swrre a3D vF SAVAGE, MN 55378 L01„°„ (93z1 +n-zs]r I—= nw sc. ATTN BERNARD MAK0X4LD 6612) 369-5341 net La , aam ss3�z �{ EXISTING SITE ADDRESS A strp of land 10.00 feet m wgth lying EDD feet — side of Me RN -9 6094 MARMA' CIRCLE SE PRIOR LAX--, MN 55372 - II / =6.9 E s4 n to tales oft„<tl Lox & thence N- 59 degrxs 15 minutes e0 X fY intersection with _ nertnerllyy line of s.id W ],stns pointtOf be of th, eentedine to ginning be described: Hence mato fatly .1.,g.Hnortna Ilne to foe I beret esti Y c fy root tM1ie Easement Vacation Survey wee 30 D 15 TOTAL PROPERTY LEGAL DESCRIPTION PER DOCUMENT N0, 340011 X // inat part of Lot > and 8. Bixk 1, G Oakes 2nd AddlU., Scott Gdunty Minnesota Iymq e drawn 50.00 feat nalherly of ontl patllM wRn aor aoutheasfedy line of said Lot ] 4 ab 8, antl tnera fermAating. yof the fa110 9 daecribed lined Its Nerthedy and SautNedy 1-1.: `F Commencing at the mIt Soulhedumedy corner oalof saitl Lot 8: thence Nath 59 degrees 15 irwtes 00 sec ods faa4 assbearing ng the SauUeasterly Ilne of acid late ] on0 w / 6, a distance e£ 356.40 feet to lM1eo polnt of bagMning of the line to be de ribed; thence 9 A.�•7 / .�. North 0 gr 02 ides 31 --E t di t nx of 58505 Nathw"te TY Tne ofsmtl Lot Band tfiae termindtMg. A Alan showing the lox— & vislble improvement a tl enereacM1mente on to ar off from said property, if any, tbh 26th tlay of May, 2013, n FILE _10AU- BOCK 281 PAGE 3 w'ry�ey y O OENOTEs EXISRNG CONCRETE SURFACE I DENOTES EXISTING PAVER SDREACE C1 �cL ✓/ DENOTES EXISTING DITUMINWs "FACE y � \ el n\ J v ~ry .f r"dg' I `7 -IT > z r 9 LTJ PROPOSED LEGAL DESCRIPTION FOR EASEMENT VACATION' 4e �E I p reqquest to wcate ell that pert et the Pub1'e droina9e antl utility easements on Lots J I h _ 11�f �{ EXISTING A strp of land 10.00 feet m wgth lying EDD feet — side of Me RN -9 DMI111NC LIJ =6.9 E s4 n to tales oft„<tl Lox & thence N- 59 degrxs 15 minutes e0 fY intersection with _ nertnerllyy line of s.id W ],stns pointtOf be of th, eentedine to ginning be described: Hence mato fatly .1.,g.Hnortna Ilne to foe I beret esti Y c fy root tM1ie Easement Vacation Survey wee 30 D 15 y northwest coma of said o[ J; iM1ence seuaweatrly along the eteMy line of id Lof ] to its mtasectlon wI h a Pore - by me a under my tllroct aupervisbn and tAai I e drawn 50.00 feat nalherly of ontl patllM wRn aor aoutheasfedy line of said Lot ] 4 ab 8, antl tnera fermAating. .duly Licensetl Lana surveyor under ins la of the State of Minnesota. _ •a DENOTES IRON MONUMENT FOUND 0 DENOTES IRON MONUMENT SET AND ] dis.� rP�KT Y jf FILE _10AU- BOCK 281 PAGE a°�$Jzs * O OENOTEs EXISRNG CONCRETE SURFACE DENOTES EXISTING PAVER SDREACE C1 �cL ✓/ DENOTES EXISTING DITUMINWs "FACE ori DENOTES EXi"NG GRAVEL SJRFACE DENOTES PROPOSm EASEMENT AREA TO 6E VACATED SS GREG G/Orawlogs/10880-Permlt.< PROPOSED LEGAL DESCRIPTION FOR EASEMENT VACATION' Vdk,. p reqquest to wcate ell that pert et the Pub1'e droina9e antl utility easements on Lots J ,; antl 8, RlocN i, GREEN OAKS 2ND ADDNION, Scott County, Mirmesoto desnibed os fellows: A strp of land 10.00 feet m wgth lying EDD feet — side of Me RN -9 cent ,r and its e#en _ =6.9 E s4 n to tales oft„<tl Lox & thence N- 59 degrxs 15 minutes e0 wnde mea Ulstanae of 356Ao 1x1; Hence rvw n 00 a lAA Q mlinu ee 31- a Leconlada Eaat S[n o intersection with _ nertnerllyy line of s.id W ],stns pointtOf be of th, eentedine to ginning be described: Hence mato fatly .1.,g.Hnortna Ilne to foe I beret esti Y c fy root tM1ie Easement Vacation Survey wee 30 D 15 y northwest coma of said o[ J; iM1ence seuaweatrly along the eteMy line of id Lof ] to its mtasectlon wI h a Pore - by me a under my tllroct aupervisbn and tAai I e drawn 50.00 feat nalherly of ontl patllM wRn aor aoutheasfedy line of said Lot ] 4 ab 8, antl tnera fermAating. .duly Licensetl Lana surveyor under ins la of the State of Minnesota. _ •a DENOTES IRON MONUMENT FOUND 0 DENOTES IRON MONUMENT SET AND mn exta Lkm uge�. 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