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HomeMy WebLinkAboutItem 06.m (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION NO. _______ RESOLUTION VACATING PUBLIC DRAINAGE AND UTILITY EASEMENTS 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 drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The following public drainage and utility easements are hereby vacated: A 10.00 feet wide drainage and utility easement to be vacated over the south 10 feet of Lot 1, Block 1, Curren Addition, Dakota County, Minnesota, described as follows: Commencing at the southwest corner of said Lot 1; thence easterly along the south line of said Lot 1 a distance of 87.58 feet to the point of beginning; t hence easterly along said south line of Lot 1 a distance of 399 feet, more or less to a point 10.00 feet westerly of the southeast corner of said Lot 1 as measured along the south line. AND A 5.00 feet wide drainage and utility easement to be vacated over the north 5 feet of Lot 2, Block 1, Curren Addition, Dakota County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 2; thence easterly along the north line of said Lot 2 a distance of 117.59 feet to the point of beginning; thence easterly along said north line of Lot 2 a distance of 379 feet, more or less to a point 10.00 feet westerly of the northeast corner of said Lot 2 as measured along the north line. 1 2. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 16th day of June, 2014. CITY OF LAKEVILLE BY:________________________ Matt Little, Mayor 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 16th day of June, 2014 as shown by the minutes of said meeting in my possession. __________________________ Charlene Friedges City Clerk Seal Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 City of Lakeville Planning Department Memorandum To : Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: May 30, 2014 Subject: Packet Material for the June 5, 2014 Planning Commission Meeting Agenda Item: Vacation of Drainage and Utility Easement located at 19540 and 19544 Iteri Avenue. INTRODUCTION Benjamin Mayer has submitted an application for the vacation of an existing, platted boundary drainage and utility easement to allow for the construction of a new single family home. Mr. Mayer recently purchased Lots 1 and 2, Block 1, Curren Addition. Mr. Mayer plans to remove the existing house from Lot 2 and construct a new house what was the common property line between Lots 1 and 2. This requires City approval of a Zoning Lot designation to combine the two lots into one property identification number in addition to the easement vacation. The subject property is located on Iteri Avenue south of 194th Street and north of Iteri Lane. The property is zoned RS-2, Single Family Residential District. The Curren Addition final plat was approved by the City Council on January 16, 2007. EXHIBITS A. Zoning Map B. Aerial Photo C. Certificate of Survey with Vacation Sketch EXISTING CONDITIONS Lots 1 and 2, Block 1, Curren Addition includes a single family home on Lot 2. The property consists of moderate terrain and stands of significant trees. The survey identifies a fence encroachment over the property line from the lot to the south located at 9857 Iteri Lane. A fence permit was approved in 2011 showing the fence to be placed entirely on the 9857 Iteri Lane property. EASEMENT VACATION The total combined lot area will be 2.6 acres. Staff has approved a Zoning Lot designation to allow the two parcels to be combined into a single property identification number but the vacation of the drainage and utility easement between the two parcels is required prior to issuance of a building permit. The other boundary drainage and utility easements on both platted lots will remain. Only a partial vacation of the easement between the two lots is proposed to be vacated in order to retain the oversized drainage and utility easement at the front of the property. All utility companies with a potential interest in the easement vacation have been notified and all have responded with no concerns. RECOMMENDATION Planning Department staff recommends approval of the easement vacation subject to the following stipulations: 1. Lots 1 and 2, Block 1, Curren Addition shall be combined into one property identification number. 2. The existing fence encroachment onto Lot 2 shall be removed. 2