HomeMy WebLinkAbout08 01 2022 17232 Sunset Trl. Easement VacationEasement Vacation
17232 Sunset Trail SW
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Property
Lot 3, Sunset Shore
Property sale approved by CC 4/18/22
Sold 5/26/22
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Background
Purchasers had a survey completed which showed an error related to the legal description of an existing sanitary sewer easement
Legal description identified a sanitary sewer pipe running in a NW direction through the parcel; however, the pipe runs NE
Survey also found there is no storm sewer easement over the existing public storm sewer easement
As a condition of the PA,
Purchaser was responsible for the cost associated with correcting the description of the easements and dedicating a new sanitary and storm water easement
City was required to vacate the former incorrect easement within 90 days of closing
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Reason for Request
15’ sanitary sewer easement dedicated (does not correspond with utility location)
No storm sewer easement dedicated
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Easement Dedication
Corrected Sanitary and Storm Sewer Easement was granted to the City of PL at closing (5/26)
Document was recorded at Scott Co. as Doc. No. A1158536 on 6/23
Utilities are not being relocated
Driveway easement will remain
The only change is the addition of a storm water easement and a correction to the legal description of the sanitary sewer easement
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Recommendation
State Statute 462.358 Subd.7, requires CC to review the disposal of public lands as it relates to compliance with the Comp Plan
Comp Plan does not specifically discuss utility easements, other than as a function of ensuring access to public utilities
This easement vacation is not inconsistent with any specific goal or objective of the Comp Plan
Statute states, “no such vacation shall be made unless it appears to be in the public interest to do so”
No public need as necessary dedicated easements will remain in place
Following PH, staff recommends approval of a resolution vacating the sanitary sewer easement at 17232 Sunset Trail SW
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Questions
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