HomeMy WebLinkAboutItem 06.hJanuary 2, 2015 Item No.
JANUARY 5, 2015 CITY COUNCIL MEETING
APPLIED POWER PRODUCTS EASEMENT VACATION
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution
approving the vacation of drainage and utility easement.
Adoption of this motion will vacate a drainage and utility easement.
Overview
Bruce A Lundeen LLC, also known as Applied Power Products, has submitted an application
for the vacation of a drainage and utility easement on property located at 21005 Heron Way.
The Applied Power Products building is located on Lot 13 and would be expanded onto Lot
14. An easement exists between the two parcels which when vacated would allow the
building to be expanded.
The Planning Commission held a public hearing and recommended unanimous approval of
the easement vacation at their December 18, 2014 meeting. There was no public comment.
Primary Issue To Consider
Will adequate drainage and area for utilities be maintained on the property if the easement is
vacated? Yes. Boundary drainage and utility easements will remain in place around the perimeter
of both lots.
Supporting Information
0 Vacation Resolution
0 December 18, 2014 draft Planning Commission meeting minutes
0 December 11, 2014 planning report
=;cam
Frank Dempsey, AICP, Associate Pt 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
RESOLUTION NO. 15 -
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
drainage and utility easements.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The following drainage and utility easements are hereby vacated as shown on Exhibit A
The existing 20.00 foot wide public drainage and utility easement that adjoins the
south lot line of Lot 14, and adjoins the north lot line of Lot 13, EXCEPT the west 10.00
feet and the east 10.00 feet thereof. All within Block 2, AIRLAKE DEVELOPMENT
FOURTH ADDITION, according to the recorded plat thereof.
2. The City Clerk is directed to file a certified copy of this resolution with the Dakota
County Recorder.
DATED this 51 day of January 2015
CITY OF LAKEVILLE
1B
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 5h day of January 2015 as shown by the minutes of
said meeting in my possession.
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
2
Charlene Friedges
City Clerk
Seal
Planning Commission Meeting Minutes
December 18, 2014 Page 2
6. Jeffrey and Tara Cohn
Due to the application for a variance being withdrawn, there was no public hearing.
7. Applied Power Products
Acting Chair Drotning opened the public hearing to consider the application of APPRO
Development on behalf of Bruce A. Lundeen, LLC for the vacation of a public drainage and
utility easement located at 21005 Heron Way.
Jack Matasosky representing APPRO Development on behalf of Bruce A. Lundeen, LLC gave
a brief overview of the application for vacation of a public drainage and utility easement
needed to facilitate the expansion of two businesses in Airlake Industrial Park.
Associate Planner Kris Jenson presented the planning report and stated that Applied Power
Products wishes to expand their existing facility within the industrial park onto an adjacent
lot. There is currently a perimeter easement along the property line between the two parcels
which would need to be vacated. Utility companies in the area were notified and no
objections were received.
Planning Department staff recommends approval of the public drainage and utility
easement vacation with no further stipulations as described in the December 11, 2014
planning report.
Acting Chair Drotning opened the hearing tothe public for comment.
There were no comments from the audience.
Motion was made by Blee, seconded by Maguire, to close the public hearing at 6:10 p.m.
Ayes: Drotning, Blee, Swenson, Maguire
Nays: 0
There was no further discussion by the Planning Commission.
Motion was made by Maguire seconded by Blee, to recommend to City Council approval
of the vacation of a public drainage and utility easement, located at 21005 Heron Way with
no stipulations as stated in the planning report.
Ayes: Blee, Swenson, Maguire Drotning,
Nays: 0
This will be considered by the City Council at their January 5, 2015 meeting.
'�.11 NO.
City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: IV rank Dempsey, AICP, Associate Planner
Date: December 11, 2014
Subject: Packet Material for the December 18, 2014 Planning Commission Meeting
Agenda Item: Vacation of Drainage and Utility Easements for Applied Power Products
INTRODUCTION
APPRO Development, Inc., on behalf of Bruce A Lundeen, LLP, has submitted an
application for the vacation of a public drainage and utility easement that was dedicated
with the Airlake Development 4th Addition final plat in 1999. The property is located at
located at 21005 Heron Way. The easement vacation is necessary to allow a planned
expansion of the Applied Power Products (APP) building and parking lot to the north onto
Lot 14, Block 2. The remaining boundary drainage and utility easements will remain in
place on the combined Lot 13 and Lot 14.
EXHIBITS
A. Aerial Photo
B. Certificate of Survey with Vacation Sketch
C. Airlake Development 4th Addition Final Plat (1999)
D. Proposed Site Plan
E. Letter from Frontier Communications dated December 3, 2014
VACATION
The drainage and utility easement proposed to be vacated runs along the common lot
boundary of Lots 13 and 14, Block 2. A 43,861 square foot building addition is proposed on
the north side of the existing 63,984 square foot Applied Power Products building. A
Zoning Lot approval will be drafted by Planning Department staff and recorded against
Lots 13 and 14 allowing the lots to be combined into a single parcel to accommodate the
building addition.
All utility companies with a potential interest in the easement vacation have been notified.
Frontier Communications indicated in a letter dated December 3, 2014 that they have
communication facilities near the area of the proposed drainage and utility easement
vacation and that the property owner is responsible for the cost of relocating any of their
facilities to accommodate the Applied Power Products expansion. No other utility
companies have responded with concerns. There are no identified City utilities within the
proposed easement to be vacated.
RECOMMENDATION
Planning Department staff recommends approval of the drainage and utility easement
vacation.
O:
Dakota County, MN
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Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 277 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data.
1��IIBIT A
R
EASEMENT VACATION EXHIBIT
DESCRIPTION OF PUBLIC DRAINAGE AND UTILITY EASEMENT TO BE VACATED:
The existing 20.00 foot wide public drainage and utility easement that adjoins
the south lot line of Lot 14, and adjoins the north lot line of Lot 13, EXCEPT
the west 10.00 feet and the east 10.00 feet thereof. All within Block 2,
AIRLAKE DEVELOPMENT FOURTH ADDITION, Dakota County, Minnesota, according
to the recorded plat thereof.
And that this easement exhibit was prepared by me or under my direct
supervision and that I am a duly licensed Land Surveyor under the laws of
the State of Minnesota.
Grant D. Jacobson, IAN License No. 23189
Dated this 28th Day of August, 2014
REVISIONS
PREPARED FOR:
APPRO Development, Inc.
- - 21476 Grenada Ave.
Lakeville, MN 55044
DRAWN: GDS CHECKED: GDJ
DATE: 8-28-14 SCALE: AS SHOWN
SCALE IN FEET
0 40 80
20 60
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JACOBSON
ENGINEERS & SURVEYORS
21029 HERON WAY LAKEVILLE, MN 55044
(952) 469-4328 jacobson@engrsurv.com
BEARINGS ARE ASSUMED DATUM PROJ: 214091
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CommunlcaUons
www.Frontier.com
December 3, 2014
Frank Dempsey, AICP, Associate Planner
City of Lakeville
20195 Holyoke Ave.
Lakeville, Minnesota 55044
RE: Vacation of D & U Easement — Airlake Development Fourth Add'n
Dear Frank Dempsey,
Frontier Communications does have communication facilities near the proposed D/U easement vacation. Frontier
does not have any facilities within the proposed side lot easement but does have facilities within the D/U easement
that parallels Heron Way.
The Easement Vacation Exhibit of the B2/L14 building, driveway & parking lot expansion depicts the driveway
expansion to the north of the existing driveway. Frontier has a pedestal and copper cables in conflict with this
expansion. Please ensure that all parties involved are aware that the cost of relocating the existing Frontier facilities
to clear the construction zone will be passed on to the requestor. Beyond that, Frontier does not have any additional
concerns regarding the proposed D/U easement vacation.
Please contact me if there are questions for Frontier regarding this matter.
Sincerely,
Dick Mooers
Network Engineer
Frontier Communications
14450 Burnhaven Drive
Burnsville, MN 55306
richard.mooers@ftr.com
952-435-4678 (Office)
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