HomeMy WebLinkAboutItem 06.fLakeville
December 22, 2011 Item No.
JANUARY 3, 2012 CITY COUNCIL MEETING
CONAGRA EASEMENT VACATION
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution vacating a
public drainage and utility easement for ConAgra Foods.
Adoption of this motion will vacate an existing boundary drainage and utility easement to allow an
expansion of the ConAgra Foods industrial building.
Overview
ConAgra Foods is requesting approval of the vacation of an existing boundary drainage and
utility easement on property located at 21325 Hamburg Avenue in conjunction with a proposed
relocation of public water and storm water utilities to accommodate a planned 27,000 square
foot addition to the west side of their manufacturing building. A new boundary drainage and
utility easement is being dedicated by ConAgra Foods to accommodate the relocated utilities.
The Planning Commission held a public hearing and recommended unanimous approval of the
easement vacation at their December 15, 2011 meeting subject to the two stipulations listed in
the December 9, 2011 planning report. There was no public comment.
Primary Issue To Consider
Why is the easement vacation being requested?
• The proposed ConAgra Foods building expansion would have been located over existing
public water and storm sewer utilities Buildings are not permitted over public drainage and
utility easements. Vacating the existing easement and the dedication of the new easement
will maintain dear property title and allow the building expansion.
Supporting Information
0 Easement Vacation Resolution
0 Signed Easement Document
0 December 15, 2011 draft Planning Commission meeting minutes.
0 December 9, 2011 planning and engineering reports.
7
Frank Dempsey, AICP, Associate PI nner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances
Notes:
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 12
RESOLUTION VACATING A PUBLIC DRAINAGE AND UTILITY EASEMENT
WHEREAS, the Planning Commission has conducted a public hearing, preceded by
two (2) weeks published notice, to consider the following described public drainage and
utility easement vacation; and
WHEREAS, the City Council has determined that it is in the public interest to vacate
said public drainage and utility easement.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The following public drainage and utility easement is hereby vacated subject to the
recording of a new public drainage and utility easement:
Commencing at the east corner of Lot 1, Block 1 Grist Mill Second Addition,
Dakota County, Minnesota, according to the recorded plat thereof; thence West,
assumed bearing, along the north line of said Lot 1 a distance of 128.94 feet to
the point of beginning; thence North a distance of 20 feet; thence East a
distance of 113.92 feet; thence North a distance of 132.72 feet; thence South 89
degrees 56 minutes 17 seconds East a distance of 62.98 feet; thence South a
distance of 278.00 feet; thence North 89 degrees 56 minutes 17 seconds West a
distance of 59.99 feet; thence North a distance of 110.28 feet; thence West a
distance of 116.96 feet; thence North 15.00 feet to the point of beginning.
2. The City Clerk is directed to file a certified copy of this resolution with the Dakota
County Recorder.
1
DATED this 3 day of January, 2012.
ATTEST:
BY:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. is a true and correct
copy of the resolution presented to and adopted by the City Council of the City of
Lakeville at a duly authorized meeting thereof held on the 3 day of January, 2012 as
shown by the minutes of said meeting in my possession.
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
2
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
Charlene Friedges
City Clerk
Seal
(reserved for recording irrbrmation)
GRANT OF PERMANENT EASEMENT
FOR PUBLIC DRAINAGE & UTILITY PURPOSES
CONAGRA FOODS PACKAGED FOODS, LLC, a Delaware limited liability company,
hereinafter referred to as "Grantor," in consideration of One Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby
grant unto the CITY OF LAKEVILLE, a municipal corporation organized under the laws of the
State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns,
forever, a permanent easement for public drainage and utility purposes over, across, on, under,
and through land situated within the County of Dakota, State of Minnesota, as described on the
attached Exhibit "A ".
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and
maintain said public drainage and utility systems over, across, on, under,. and through the
easement premises, together with the right to grade, level, -fill, drain and excavate the easement
premises, and the further right to remove trees, bushes, undergrowth, and other obstructions
interfering with the location, construction, and maintenance of said public drainage and utility
systems.
161037v02 1 LKVL:CoNAGIA FOOD SIPA
SRN:r11/17/2011 (21325 Hamburg Ave, Lakeville, MN)
The above named Grantor, its successors and assigns, does covenant with the City, its
successors and assigns, that it is well seized in fee title of the above described easement
premises; that it has the sole right to grant and convey the easement to the City; that there are no
unrecorded interests in the easement premises; and that it will indemnify and hold the City
harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this / 1
day of 2011.
ILb rasJK -&-
STATE OF MINNESOTA
COUNTY OF
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452 -5000
SRN:ma
.5
(ss.
GRANTOR:
CONAGRA FOODS PACKAGED FOODS, LLC
BY:
�
AND
The foregoing instrument was acknowledged before me this 1 " day of
n km4e , 2011, by it. nvs f, . ne , 10 and by keo A. /:noc(, /es'
the V t- and ?evk d p vt,` - of ConAgra Foods
Packaged Foods, LLC, a Delaware limited liability company, on behalf of the company.
161037v02 2
SRN:r 1 1/17/2011
1
NOTARY PUBLIC
GENERAL NOTARY - State of Nebraska
MARIANNE A. REINERS
My Comm. Exp. Aug. 26, 2012
state & Facilities
LKVL:CoNAOxa FOODS SIPA
(21325 Hamburg Ave, Lakeville, MN)
A permanent easement for public drainage and utility purposes over portions of Lots 1 and 2,
Block 1, Grist Mill Second Addition, according to the recorded plat thereof, Dakota County,
Minnesota, described as follows:
Commencing at the east corner of Lot 1, Block 1; thence West, assumed bearing, along
the north line of said Lot 1 a distance of 128.94 feet to the point of beginning; thence North
00 degrees 03 minutes 43 seconds East a distance of 152.84 feet; thence South 89
degrees 56 minutes 17 seconds East a distance of 113.78 feet thence North a distance of
29.50 feet; thence North 89 degrees 56 minutes 17 seconds West a distance of 135.75
feet thence North 00 degrees 03 minutes 43 seconds East a distance of 40.03 feet;
thence North 81 degrees 21 minutes 42 seconds West a distance of 20.23 feet; thence
South 00 degrees 03 minutes 43 seconds West a distance of 368.99 feet; thence South
77 degrees 49 minutes 11 seconds East a distance of 162.76 feet; thence North a
distance of 52.60 feet; thence North 89 degrees 56 minutes 17 seconds West a distance
of 17.57 feet; thence North 00 degrees 03 minutes 43 seconds East a distance of 5.90
feet thence North 89 degrees 56 minutes 17 seconds West a distance of 99.50 feet;
thence North 00 degrees 03 minutes 43 seconds East a distance of 119.26 feet to the
point of beginning.
(ABSTRACT PROPERTY]
EXHIBIT "A"
to
GRANT OF PERMANENT EASEMENT
EASEMENT DESCRIPTION
161037v02 3 LKVL:CoNAoRA SIPA
SRN:r1I /172011 (21325 Hamburg Ave, Lakeville, MN)
e December 15, 2011 Planning Commission meeting was called to order by Chair
Da in the City Hall Council Chambers at 6:03 p.m.
Flag pled: - and roll call of members:
Present: hair Davis
Vi Chair Lillehei
Co ' ' sioner Blee
The November 17, 2011: Planriing Commission meetin
presented.
The November 1T:2011 Plaruii % Commission work session n
as presented. `j _.... :':'':.._...:,..: ° s:. .rf✓
ITEM 4-,,; NNO'UNCEME
CITY OF LAKEVILLE
Planning Commission Meeting Minutes
DECEMBER 15, 2011
Commis
Commissio
Commission
Commissioner
Ex- officio Fitzhenry
Absent: None
Staff Present: Daryl Morey, Planning
Allyn Kuennen, Associate
Engineer; and Penny;reyig, Re
ITEM 3. APPROVAL OF MEETING MINUTES:
Regai'ting Agenda Hein .8, Mr.,!Iorey indicated that based on comments rec-'ved
from tke':.fCity Attorney's office, a revised redlined ordinance amendment
ITEM 5. CONAGItA F00DS
oner Boerschel
r Drotning
renz
uire
irecipr; Dennis Feller, Finance Director;
lanie Zach Johnson, Interim City
ing,Secretary.
utes were approved as
es were approved
Chair Davis opened the public hearing to consider the application of APPRO
Development representing ConAgra Foods for a vacation of public drainage and
utility easements, located at 21325 Hamburg Avenue. The Recording Secretary
attested that the legal notice had been duly published in accordance with State
Statutes and City Code.
Nathan Denny from APPRO Development, representing ConAgra, presented an
overview of ConAgra's request.
Planning Director Daryl Morey presented the planning report. Mr. Morey stated
that ConAgra Foods has submitted an application for the vacation of existing
drainage and utility easements in conjunction with a proposed 27,000 square foot
expansion to their building at 21325 Hamburg Avenue. He indicated the building
expansion includes the relocation of public utilities. A new public drainage and
utility easement will be established over the relocated utilities.
Mr. Morey stated that in order to meet Zoning Ordinance requirements for the
combined platted lots to be considered a single buildable parcel under single
ownership or control, a Zoning Lot letter approved by the City shall be recorded
against Lots 1 and 2, Block 1, Grist Mil 2nd Addition
Mr. Morey stated that Planning and Engineering y Dpailment staff recommend
approval of the drainage and utility easement vacation, subject to the 2 stipulations
listed in the December 9, 2011 planning report.,
Chair Davis opened the hearing to the public for comment.
There were no comments from the audience.
11.53 Motion was made and seconded to lose publichearing at 6:07 p.m.
Ayes: Boerschel, Maguire, Lillehet Davis Blee, Grenz Drotning.
Nays: 0
Chair Davis asked for' comments, from
were:
Ayes: Maguire, Lillehei, Davis, Blee, Grenz, Drotning, Boerschel.
Nays: 0
Planning Commission Meeting
December 15, 2011
Page 2
tinning Commission. Discussion points
• Has Hayes A 4nue, een= ;va cated? 1 . Morey indicated that the portion of
HaAvenue adjacent to ConAgra and a portion of 213th Street were
.vacated with tithe Gist, Mill 2nd Addition plat.
Chair Davis thanked "ConAgra for continuing to expand their business in the
itv of Lakeville::°.
11.54 Motion wasinade and seconded to recommend to City Council approval of the
ConAgra easement vacation, located at 21325 Hamburg Avenue, subject to the
following 2 stipulatioris
1. New boundary drainage and utility easements shall be dedicated by the
property owner as shown on the easement vacation and dedication plan.
2. A Zoning Lot letter approved by the City shall be recorded against Lots 1
and 2, Block 1, Grist Mill 2nd Addition.
Memorandum
No.
City of Lakeville
Planning Department
To: Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: December 9, 2011
Subject: Packet Material for the December 15, 2011 Planning Commission Meeting
Agenda
Item: ConAgra Foods Easement Vacation
Action
Deadline: January 13, 2012
INTRODUCTION
ConAgra Foods has submitted an application for the vacation of existing drainage
and utility easements in conjunction with a proposed 27,000 square foot expansion
to the manufacturing building located at 21325 Hamburg Avenue. The ConAgra
manufacturing plant is a permitted use of the property which is zoned I -2, General
Industrial District. The subject property is 23.58 acres in area which includes the
combined area of Lots 1 and 2, Block 1, Grist Mill 2 Addition.
The building was originally constructed in 1969 and has undergone numerous
expansion phases and extensive remodeling of the interior manufacturing areas.
The proposed expansion will extend 100 feet west of the existing west wall of the
building. The building expansion includes the relocation of existing City water main,
sanitary sewer and storm sewer to accommodate the proposed expansion.
The developer consulted with Minnesota Energy Resources, the gas company with
facilities in the existing easement. Construction has commenced to grade the
expansion area, relocate the utilities and begin construction of the building foundation
according to the plan approved by the Engineering Department and Building
Inspections Department.
EXHIBITS
A. Location and Zoning Map
B. Aerial Photo Map (2 Pages)
C. Easement Vacation and Easement Dedication Sketch
D. Boundary Survey
E. Site Plan
EASEMENT VACATION
A public hearing is required for consideration of the vacation of the public drainage
and utility easements that will be impacted by the building expansion and utility
relocation. A Minnesota Energy Resources gas main will be relocated as part of the
expansion. The developer has been working with Minnesota Energy Resources
regarding the relocation of the gas main.
A copy of the easement vacation and dedication plan is attached. All utility
companies with a potential interest in the vacation of the easements have been
notified, including Minnesota Energy Resources. Staff has received no notices from
the utility companies expressing opposition to the proposed easement vacation. New
drainage and utility easements over the relocated utilities will be established as part
of this easement vacation request.
The proposed building expansion will encroach over the property line between Lots 1
and 2, Block 1, Grist Mill 2 Addition. In order to formally remove the lot line
ConAgra authorized Dakota County to combine Lots 1 and 2, Block 1, Grist Mill 2nd
Addition into a single tax parcel. The County has approved this request and has
combined the two parcels. In order to meet Zoning Ordinance requirements for the
combined platted lots to be considered a single buildable parcel under single
ownership or control, Planning Department staff will approve a Zoning Lot letter to
be recorded with the County in conjunction with the easement vacation.
The building expansion plans will be reviewed by Planning Department staff for
compliance with Zoning Ordinance performance standards, including parking
requirements.
The Engineering Department has reviewed the proposed easement vacation and
dedication plan. The attached December 9, 2011 memorandum prepared by
Development Design Engineer Mark Duchene recommends approval of the easement
vacation.
RECOMMENDATION
Planning Department staff recommends approval of the easement vacation subject to
the following stipulations:
1. New boundary drainage and utility easements shall be dedicated by the
property owner as shown on the easement vacation and dedication plan.
2. A Zoning Lot letter approved by the City shall be recorded against Lots 1 and
2, Block 1, Grist Mill 2 Addition.
2
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port and City Limits
20TH ST W
E HIBIT A
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Dakota County, MN
Page 1 of 1
Disclaimer.' Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Map Scale
1 inch = 648 feet
EXHIBIT B
http: / /gis.co. dakota. mn. us / website / dakotanetgis/ printPreview.aspx ?PrintOptData= Dakota ... 11/29/2011
.Print Preview
Dakota County, MN
r i' •y..
t r.1 "Mae.
Disclaimer." Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Page 1 of 1
Map Scale
1 inch = 229 feet
http: / /gis.co. dakota. mn. us / website / dakotanetgis /printPreview.aspx ?PrintOptData = Dakota ... 12/5/2011
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Memorandum
To: Frank Dempsey, Associate Planner
From: Mark DuChene, Development/Design Engineer
Date: December 9, 2011
Subject: ConAgra Easement Vacation
Engineering recommends approval of the easement vacation request.
City of Lakeville
Engineering
APPRO Development, Inc., representing Con Agra, has submitted plans to construct
an addition to the existing industrial building located at 21325 Hamburg Avenue.
The parcel contains multiple existing easements across public utilities in favor of the
City of Lakeville. The site of the proposed addition along the west side of the
existing building requires the relocation of existing public sanitary sewer, storm
sewer and watermain. The Developer is in the process of relocating the public
utilities around the proposed building addition. The utility relocation work has been
substantially completed. ConAgra is granting the City a permanent public drainage
and utility easement over the relocated utilities. As a result of the public utility
relocation, public easements across the abandoned or removed utilities can be
vacated.