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HomeMy WebLinkAboutItem 06.dSeptember 29, 2015 Item No. SPIRIT OF BRANDTJEN FARM COMMERCIAL IST ADDITION EASEMENT VACATION OCTOBER 5, 2015 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution vacating a public drainage and utility easement within Lot 1, Block 1, Spirit of Brandtjen Farm Commercial 1St Addition. Passage of this motion will vacate a public drainage and utility easement located within the Hy -Vee grocery store parking lot. Overview Hy -Vee representatives are requesting the vacation of a public drainage and utility easement that bisects Lot 1, Block 1, Spirit of Brandtjen Farm (SBF) Commercial 1St Addition. There are no public utilities located within the public easement to be vacated. The Planning Commission held a public hearing on the SBF Commercial 1St Addition easement vacation request at their September 24, 2015 meeting and unanimously recommended approval. There was no public comment. There are no public utilities located within the easement to be vacated. Primary Issue to Consider • Why is this easement being vacated? Supporting Information • Staff response to primary issue • Resolution vacating the public drainage and utility easement • September 24, 2015 draft Planning Commission meeting minutes • September 17, 2015 planning memo • Hy -Vee site plan Daryl Morey, Planning Director Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Community Values: Diversified Economic Development Staff Response to Primary Issue • Why is this easement being vacated? This 20 foot wide public drainage and utility easement was included on the final plat of SBF Commercial Ist Addition because, at that time, staff thought that there would be a public need for this easement to serve multiple commercial lots in SBF. With the development of the Hy -Vee grocery store, private storm sewer will be constructed within the easement area that will serve the Hy -Vee lot and possibly the outlot/s within SBF Commercial Is' Addition to the north. With the future platting and development of OutlotA (which is currently owned by Hy -Vee), if there is a need for the future use to tie into the private storm sewer system on Lot I, a shared access and maintenance agreement between the two lots will be required. Keeping the storm sewer private will ensure that Hy -Vee, not the City, maintains the storm sewer that is constructed within their parking lot. (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 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 easement vacation, and WHEREAS, the City Council has determined that it is in the public interest to approve the easement vacation. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: That particular 20 foot wide drainage and utility easement originally dedicated over, under and across Lot 1, Block 1, SPIRIT OF BRANDTJEN FARM COMMERCIAL 1ST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, and now to be vacated. The west line of said easement being described as follows: Commencing at the southeast corner of said Lot 1; thence on an assumed bearing of North 89 degrees 52 minutes 40 seconds West, along the south line of said Lot 1, a distance of 370.46 feet to the point of beginning of the line to be described; thence North 27 degrees 19 minutes 02 seconds West, a distance of 194.08 feet; thence North 00 degrees 00 minutes 52 seconds West, a distance of 426.12 feet to the north line of said Lot 1 and said line there terminating. EXCEPT the North 30.00 feet and the South 10.00 feet thereof. 2. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 5t" day of October, 2015. CITY OF LAKEVILLE Matt Little, Mayor ATTEST: 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 5t" day of October, 2015, as shown by the minutes of said meeting in my possession. Charlene Friedges, City Clerk (SEAL) Planning Commission Meeting Minutes, September 24, 2015 Page 2 W. Morey stated that Planning Department staff recommends approval of the ea§eqnment vacation subject to the one stipulation listed in the September 16, 2015 planni •.g report. Chair Swen on opened the hearing to the public for comment. There were no c ments from the audience. Motion was madeb4Maire, hei, seconded by Drotning to close the public hearing at 6:06 p.m. Ayes: Lillehei, Einck, Swenson, Kelvie, Kaluza, Drotning Nays: 0 Chair Swenson asked for comme ts\from the Planning Commission. Discussion points included: ` • Commissioner Drotning wants H!igl be ure that the City has enough right-of- way at the 190th Street and livie Avenue intersection for all of the transportation options that have been pr osed. He asked Mr. Morey to explain the difference between right -of way a easements. • Mr. Morey also explained that, while it `is not requirement to vacate the existing easements, it does eliminate encurnbran s and simplifies property title so it has been a City policy to vacate excess ease ents for many years. P� Motion was made by Lillehei, seconded by Einck to recomm d to City Council approval of the Chokecherry Hill 4th' Addition easement vacation subject to the following stipulation: 1. The easement vacation is subjectto the approval and recordin of the Chokecherry bill 4th Addition final plat. Ayes: Einck, Maguire, Swenson, Kelvie, Kaluza, Drotning, Lillehei 6. Spirit of Brandtjen Farm Commercial 1St Addition Chair Swenson opened the public hearing to consider the application of Hy -Vee, Inc. for the vacation of a permanent drainage and utility easement in Spirit of Brandtjen Farm Commercial Vt Addition. Planning Director Daryl Morey presented the planning report. Mr. Morey stated that Hy -Vee representatives have submitted an application to vacate an existing 20 foot wide public drainage and utility easement within the Spirit of Brandtjen Farm Commercial 1St Addition due to the fact that there are no public utilities located within this easement, only private storm sewer. Mr. Morey stated that the Planning Department and Engineering Division staff recommends approval of the drainage and utility easement vacation as presented. Planning Commission Meeting Minutes, September 24, 2015 Page 3 Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Drotning, seconded by Einck to close the public hearing at 6:16 p.m. Ayes: Maguire, Swenson, Kelvie, Kaluza, Drotning, Lillehei, Einck Nays: 0 Chair Swenson asked for comments from the Planning Commission. Discussion points included: • Commissioner Kelvie asked why this drainage and utility easement was included on the SBF Commercial 1St Addition plat. Mr. Morey responded. He stated that a shared private cross access/maintenance` agreement will be required between Lot 1 and Outlot A, SBF Commercial 1St Addition to cover the shared private storm sewer system. • Chair Swenson commented that` . a . private access and maintenance agreement between the properties will `be beneficial to the City because it will eliminate the need for public maintenance' -of this storm sewer system. Motion was made by Lillehei, seconded by Kelvie to recommend to City Council approval of the Spirit of Brandtjen Farm Commercial 1St°Addition drainage and utility easement vacation as presented. Ayes: Swenson, Kelvie, Kaluza, Drotning, Lillehei, Einck, Maguire Nays: 0 w ft: comer-ee-t�e�rte��4th dd�-- Chair -Swenson asked for a motion to table Agenda Item 7 at the request of the applicant. Motion was made Drotning, Seconded by Lillehei to table Agenda Item 7, Lakeville Commerce Cent th Addition. Ayes: Kelvie, Kaluza, Drotning, Lill ei, Einck, Maguire, Swenson Nays: 0 There being no further business, the meeting was ajourned at 6:20 p.m. Respectfully submitted, Penny Brevig, Recording Secretary L�kewt2�e Memorandum To: Planning Commission From: Daryl Morey, Planning Director Date: September 17, 2015 City of Lakeville Planning Department Subject: Packet Material for the September 24, 2015 Planning Commission Meeting Agenda Item: Spirit of Brandtjen Farm Commercial 1 st Addition Easement Vacation Application Action Deadline: October 20, 2015 Hy -Vee representatives have submitted an application to vacate an existing 20 foot wide public drainage and utility easement within Lot 1, Block 1, Spirit of Brandtjen Farm (SBF) Commercial 1St Addition. Hy -Vee representatives are requesting the easement be vacated beause there are no public utilities located within this easement, only private storm sewer. As such, a public easement is not necessary. The private storm sewer bisects the parking lot in front of the Hy -Vee grocery store, which is currently under construction. Planning and Engineering staff recommend approval of the drainage and utility easement vacation as presented. Exhibits: A. SBF Commercial 1 It Addition Final Plat B. Easement Vacation Sketch 4J L-J- c-�nC� II C] ice)=��C In C7 CD LC I I, F if I f� L,; c I I r Ld Z I - L,Ji Cil i- 1L Ld Ldc7 O Ld U u , r' —, cn 1331 F� C4 Ld c� IJ_ if CL C ] 33 I TSi jCID 50 <[ �o C] I n G_ C3 3 -r i, LIJ I C[ LIJ _J LJ I I I (5 J IIVO r- fY-) r- J,61.93 , 13 i �- RPIRIT CSP RRANnT.IFN PARI F -n l I r--) I n n l �2 T^) A I I I In N$8'36'20"IN !� 170TH STREET VEST SEC, 1 T 114 VICINITY MAP + + DENOTES RESTRICTED ACCESS TO DAKOTA COUNTY PER THE DAKOTA COUNTY CONTIGUOUS PLAT ORDINANCE DENOTES 1/2 INCH MONUMENT FOUNID MARKED WITH LIC. NO 12294 BEARINGS ARE BASED ON THE NORTH LINE' OF OUTLOT CC, SPIRIT OF BRANDTJEN FARM WHICH IS ASSUMED TO HAVE A BEARING OF N89.53'13"E. NOTE. NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL BE SET WITHIN ONE YEAR FROM THE RECORDINGDATE OF THIS PLAT SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH GALVANIZED IRON PIPES MARKED BY R.L.S. NO. 12294 SCALE IN FEET 0 100 200 300 DRAINAGE AND UTkITY EASEMENTS ARE S40W THUS BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING RIGHT OF WAY LINES, AS SHOWN ON THE PLAT I EXHIBIT A �itb4� d .• R4 'J4i � . I I i � Z F- I � I�` � - I I LIQ i` 40 i (o � I �v1 62 10 l m 7D b- \ ' 4471'E I o \ 5 C) i I W5 LOT 2 I N; �i J I Ft I d1i �R-9765.W se _ 170.36 36.39 ao 46 ) / all nT It Aln 1\1VV Lj r\1'\A 1'\ IL.V I 2666" -VEST LM OF THE NWI/4 OF SEC 1, 7 114. R 20 N$8'36'20"IN !� 170TH STREET VEST SEC, 1 T 114 VICINITY MAP + + DENOTES RESTRICTED ACCESS TO DAKOTA COUNTY PER THE DAKOTA COUNTY CONTIGUOUS PLAT ORDINANCE DENOTES 1/2 INCH MONUMENT FOUNID MARKED WITH LIC. NO 12294 BEARINGS ARE BASED ON THE NORTH LINE' OF OUTLOT CC, SPIRIT OF BRANDTJEN FARM WHICH IS ASSUMED TO HAVE A BEARING OF N89.53'13"E. NOTE. NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL BE SET WITHIN ONE YEAR FROM THE RECORDINGDATE OF THIS PLAT SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH GALVANIZED IRON PIPES MARKED BY R.L.S. NO. 12294 SCALE IN FEET 0 100 200 300 DRAINAGE AND UTkITY EASEMENTS ARE S40W THUS BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING RIGHT OF WAY LINES, AS SHOWN ON THE PLAT I EXHIBIT A Sketch and Description For: HY-VEE.INC- LPage 2 of 2 James R. Hill, Inc. "T 1--, NORTH UNE OF LO N89052'40W N88°26'54 W N89052'40"W 337.83 107.04 — 301.98 — iDRAINAGE cn AND UTILITY EASEMENT -,- PER PLAT OF SPIRIT OF BRANDTJE I FARM COMMERCIAL IST ADDITION :. OZ m �� v��-' o � n A N L� \ P,- ,.---DRAINAGE AND NN ' UTILITY EASEMENT `� L4 I TO BE VACATED m — CAV1 U1 - L_�J 60 I 20 ,%11600. rS� S29°52'400E 43.62 SOUTHEAST CORNER OF LOT 1,-- s�:=.,:•�;.. BLOCK 1, SPIRIT OF BRANDTJENr- p,y... FARM COMMERCIAL IST ADDITION 5 i b=28000'18' \ zD1 ,.ti94 o � , I R=165 00 --�_ -, y0 — N ------- --- 370.46 _ - ' S89052'40"E 1687.60 _ — — SOUTH LINE OF LOT 1 ---- — — o 162ND STREET 0 0 Scale: 1"=150' PROPOSED EASEMENT TO BE VACATED 11 LPage 2 of 2 James R. Hill, Inc.