HomeMy WebLinkAboutItem 06.hLc�r kevi((e
July 9, 2010
Item No.
JULY 19, 2010 CITY COUNCIL MEETING
CROSSROADS EASEMENT VACATION AND PURCHASE OF CITY OWNED PROPERTY
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution approving the
vacation of public drainage and utility easements and the sale of City owned property.
Adoption of this motion will eliminate encroachments on City -owned property and resolve a
code enforcement action.
Overview
Chad and Michelle Fitzner and Michael Grossinger have submitted applications for the vacation
of existing public drainage and utility easements and an administrative subdivision /lot
combination in conjunction with the proposed purchase of a portion of City -owned Outlot O,
Crossroads 1S Addition. Outlot O lies adjacent to the rear of the applicants' properties which
are in the Crossroads 2 Addition plat.
The applicants' request to purchase part of Outlot O originated from a complaint in the
neighborhood that the Fitzners and Grossingers were encroaching into the City -owned outlot.
Upon further investigation, staff confirmed the encroachments and ordered them removed. The
Fitzners and Mr. Grossinger asked if they could purchase a 21 foot wide strip of Outlot O to
align with the rear lot lines in the adjacent Greenridge plat to the east to allow them to continue
using this area. City staff met with the applicants and agreed to consider the sale of a portion of
Outlot O pending City Council approval and based upon the value of the land as determined by
an appraisal prepared by the applicants and reviewed by City staff.
The Planning Commission held a public hearing and recommended unanimous approval of the
easement vacation at their July 8, 2010 meeting subject to the 3 stipulations listed in the June
30, 2010 planning report. There was no public comment.
Primary Issues To Consider
What is the benefit of selling the City -owned property as proposed?
• The rear yard boundaries of the single family residential lots in the Crossroads 2nd
Addition will match the rear yard lines of the lots in the adjacent Greenridge plat. The
portion of Outlot O being sold to the applicants is not considered vital to the function of
and protection of the stormwater basins located in Outlot O.
Supporting Information
0 Resolution vacating easements and conveying City -owned property.
0 Signed drainage and utility easement documents.
0 July 8, 2010 draft Planning Commission meeting minutes.
0 June 30, 2010 planning report.
Frank Dempsey, Assq@JA90fanner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances
Notes:
(Reserved for Recording Data)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE VACATION OF EASEMENTS
AND CONVEYANCE OF REAL PROPERTY
WHEREAS, the City is the owner of OUTLOT O, CROSSROADS ISTADDITION, Dakota
County Minnesota ( "City Property'); and
WHEREAS, Chad W. Fitzner and Michele L. Fitzner, husband and wife ( "Fitzner ") are
the owners of LOT 1, BLOCK 6, CROSSROADS 2 ND ADDITION, Dakota County, Minnesota ( "Lot I")
that abuts the City Property, and have requested that the City convey to them that portion of the
City Property legally described as follows:
Thatpart of Outlot O, Crossroads IstAddition, Dakota County, Minnesota, according
to the recorded plat thereof, described as follows:
Commencing at the southeast corner of Lot 1, Block 6, Crossroads 2nd Addition and
the north line of said Outlot O; thence South 01 degrees 00 minutes 45 seconds East,
assumed bearing, along the southerly extension of the east lot line of said Lot I a
distance of 20.96 feet; thence South 88 degrees 59 minutes 15 seconds West a distance
of 101.13 feet to the westerly line of said Outlot O; thence northerly on a non -
tangential curve concave to the northwest having a radius of 350.00 feet, a central
angle of 03 degrees 26 minutes 20 seconds a distance of 21.00 feet; thence North 88
degrees 59 minutes 15 seconds East a distance of 99.77 feet to the point of beginning,
( "Parcel A "); and
15259103 1 LKVL:Grossinger/Fitzner Admin. Subd. /Combo.
RNK:r07 /07/2010 (Outlot O, Crossroads 1st Addition and
Lots 1 &2, Blk 6, Crossroads 2nd Addition)
WHEREAS, Michael Grossinger and Jennifer Grossinger, husband and wife
( "Grossinger ") are the owners of LOT 2, BLOCK 6, CROSSROADS 2 ND ADDITION, Dakota County
Minnesota ( "Lot 2 ") that abuts the City Property, and have requested that the City convey to
them that portion of the City Property legally described as follows:
That part of Outlot O, Crossroads 1st Addition, Dakota County, Minnesota, according
to the recorded plat thereof, described as follows:
Commencing at the southeast corner of Lot 1, Block 6, Crossroads 2nd Addition and
the north line of said Outlot O; thence South 01 degrees 00 minutes 45 seconds East,
assumed bearing, along the southerly extension of the east lot line of said Lot 1 a
distance of 20.96 feet; thence North 88 degrees 59 minutes 15 seconds East a distance
of 90.00 feet to the southwest corner of Lot 10, Block 7, GREENRIDGE, Dakota
County, Minnesota, according to the recorded plat thereof,• thence North 01 degrees 00
minutes 45 seconds West, along the west line of said Lot 10, a distance of 20.96 feet to
the southeast corner of Lot 2, Block 6, in said Crossroads 2nd Addition; thence South
88 degrees 59 minutes 15 seconds West a distance of 90. 00 feet to the point of
beginning;
( "Parcel B "); and
WHEREAS, pursuant to Minnesota Statutes § 412.851, the City has conducted a public
hearing preceded by two (2) weeks published and posted notice to consider the vacation of the
easements legally described as follows:
That portion of a 10.00 foot wide public drainage and utility easement over Lot 1,
Block 6, Crossroads 2nd Addition adjoining the south lot line and lying east of the west
10.00 feet thereof, and lying west of the east 5.00 feet thereof,•
AND
That portion of a 10.00 foot wide public drainage and utility easement over Lot 2,
Block 6, Crossroads 2 Addition adjoining the south lot line and lying east of the west
5. 00 feet thereof, and lying west of the east 5.00 feet thereof,•
( "Platted Easements ").
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Lakeville:
The City Council finds that conveyance of Parcel A and Parcel B has no relationship
to the comprehensive municipal plan. The requirements of Minn. Stat. §462.356
are hereby dispensed with.
15259103 2 LKVL:Grossinger /Fitzner Admin. Subd. /Combo.
RNK:r07 /07/2010 (Outlot O, Crossroads 1st Addition and
Lots 1&2, Blk 6, Crossroads 2nd Addition)
2. The Mayor and City Clerk are hereby authorized to execute and deliver a quit
claim deed from the City to Fitzner for Parcel A upon payment of $2,000 by
Fitzner to the City and subject to the conveyance back to the City of the following
described easements:
A 10.00 foot wide permanent easement for public drainage and utility
purposes over, under, across and adjoining the south line of said Parcel
A. And also, a 5.00 foot wide permanent easement for public drainage
and utility purposes over, under, across and adjoining the east line of
said Parcel A, and a 10.00 foot wide permanent drainage and utility
easement over, under across and adjoining the west line of said Parcel
A, except the south 10.00 feet of said Parcel A.
The conveyance of Parcel A to Fitzner is conditioned upon Parcel A being
combined with Lot 1 under a single property identification number.
3. The Mayor and City Clerk are hereby authorized to execute and deliver a quit
claim deed from the City to Grossinger for Parcel B upon payment of $2,000.00
by Grossinger to the City and subject to the conveyance back to the City of the
following described easements:
A 10.00 foot wide permanent easement for public drainage and utility
purposes over, under, across and adjoining the south line of said Parcel
B. And also, a 5.00 foot wide permanent easement for public drainage
and utility purposes over, under, across and adjoining the east and west
lines of said Parcel B, except the south 10.00 feet of said Parcel B.
The conveyance of Parcel B to Grossinger is conditioned upon Parcel B being
combined with Lot 2 under a single property identification number.
4. The Council has determined that the Platted Easements are not needed for public
purposes. The Platted Easements are vacated subject to the City's receipt of the
easements described in paragraph 2 and 3 above and provided further that said
vacation shall not affect the authority of any person, corporation, or municipality
owning or controlling the electric or telephone poles and lines, gas lines, sanitary
and storm sewer lines, water pipes, mains, hydrants, and natural drainage areas
thereon or thereunder, to continue maintaining the same or to enter upon such way
or portion thereof vacated to maintain, repair, replace, remove, or otherwise
attend thereto.
15259103 3 LKVL:Grossinger/Fitzner Admin. Subd. /Combo.
RNK:r07 /07/2010 (Outlot O, Crossroads 1 st Addition and
Lots 1 &2, Blk 6, Crossroads 2nd Addition)
ADOPTED this
City of Lakeville, Minnesota.
day of , 2010, by the City Council of the
CITY OF LAKEVILLE
Holly Dahl, Mayor
ATTEST:
Charlene Friedges, City Clerk
152591x03
RNK:r07 /07/2010
4 LKVL:Grossinger/Fitzner Admin. Subd. /Combo.
(Outlot O, Crossroads 1 st Addition and
Lots 1 &2, Blk 6, Crossroads 2nd Addition)
(reserved for recording information)
GRANT OF PERMANENT EASEMENT
FOR DRAINAGE & UTILITY PURPOSES
CHAD W. FITZNER and MICHELE L. FITZNER, husband and wife, hereinafter referred to
as "Grantors ", in consideration of One Dollar ($1.00) and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, do 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 t'
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.
152595v03 j LKVL:GRossiNGER/FtTZNER
SRN:r07 /14/2010 Admin. Subd. /Combo. (Parcel A)
The above named Grantors, their successors, heirs and assigns, do covenant with the
City, its successors and assigns, that they are well seized in fee title of the above described
easement premises; that they have the sole right to grant and convey the easement to the City;
that there are no unrecorded interests in the easement premises.
IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this
day of , 2010.
GRANTORS:
�V
CHAD W. FITZNER
MICH E L. FITZNE
STATE OF MINNESOTA )
( SS.
COUNTY OF t a )
The foregoing instrument was acknowledged before me this 1==— day of
�j ,� 2010, by Chad W. Fitzner and Michele L. Fitzner, husband and wife, the
Grantors.
NOTARY PUBLIC
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:ms
15259503
SRN:r07 /14/2010
LUCILA PITOGO LINK
,;� iO' Notary Public
`y Minnesota
+ ^;` My Comm. Expires
Jan 31, 2015
2 LK V L: GROS SINGER/FITZNER
Admin. Subd. /Combo. (Parcel A)
EXHIBIT "A"
to
GRANT OF PERMANENT EASEMENT
PARCEL A - PARCEL DESCRIPTION
That part of Outlot O, Crossroads 1st Addition, Dakota County, Minnesota, according to
the recorded plat thereof, described as follows:
Commencing at the southeast corner of Lot 1, Block 6, Crossroads 2nd Addition and the
north line of said Outlot O; thence South 01 degrees 00 minutes 45 seconds East,
assumed bearing, along the southerly extension of the east lot line of said Lot 1 a
distance of 20.96 feet; thence South 88 degrees 59 minutes 15 seconds West a
distance of 101.13 feet to the westerly line of said Outlot O; thence northerly on a non -
tangential curve concave to the northwest having a radius of 350.00 feet, a central
angle of 03 degrees 26 minutes 20 seconds a distance of 2 1. 00 feet; thence North 88
degrees 59 minutes 15 seconds East a distance of 99.77 feet to the point of beginning.
EASEMENT DESCRIPTION(S)
A 10.00 foot wide permanent easement for public drainage and utility purposes over,
under, across and adjoining the south line of said Parcel A.
And also:
A 5.00 foot wide permanent easement for public drainage and utility purposes over,
under, across and adjoining the east line of said Parcel A, and a 10.00 foot wide
easement over, under across and adjoining the west line of said Parcel A, EXCEPT the
south 10.00 feet of said Parcel A.
[ABSTRACT PROPERTY]
15259503 3 LKVL:GR0SS1NGER/FiTZNER
SRN:r07 /14/2010 Admin. Subd. /Combo. (Parcel A)
(reserve:Ubr recording information)
GRANT OF PERMANENT EASEMENT
FOR DRAINAGE & UTILITY PURPOSES
MICHAEL GROSSINGER and JENNIFER GROSSINGER, husband and wife, hereinafter
referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, do 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.
152596v01 1 1,KVL:GR0SS1NGEM-'1TZNFR
SRN 06!24,'2010 Admin Subd./Cornbo, (Parcel B)
The above named Grantors, their successors, heirs and assigns, do covenant with the
City, its successors and assigns, that they are well seized in fee title of the above described
easement premises; that they have the sole right to grant and convey the easement to the City;
that there are no unrecorded interests in the easement premises; and that they will indemnify and
hold the City harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this
day of '2lvu� 1 2010.
STATE OF MINNESOTA
(SS.
COUNTY OF tiJ
I
T e foregoing instrument was acknowledged before me this day of
2010, by Michael Grossinger and Jennifer Grossinger, husband and wife, the
Grantors.
NOTARY PUBLIC
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:ms
DEBBIE A. QUEST
Notary Public
Minnesota
M y Commission Expires January 31, 2013
1 I
15259601 2 LK4 L:6ROSS1NGFR/Fi t
SRN:06/24/2010 Admin. Subd,/Combo. (Parcel B)
GRANTORS:
EXHIBIT " A "
to
GRANT OF PERMANENT EASEMENT
PARCEL B - PARCEL DESCRIPTION
That part of Outlot O, Crossroads 1 st Addition, Dakota County, Minnesota, according to
the recorded plat thereof, described as follows:
Commencing at the southeast corner of Lot 1, Block 6, Crossroads 2nd Addition and the
north line of said Outlot O; thence South 01 degrees 00 minutes 45 seconds East,
assumed bearing, along the southerly extension of the east lot line of said Lot 1 a
distance of 20.96 feet; thence North 88 degrees 59 minutes 15 seconds East a distance
of 90.00 feet to the southwest corner of Lot 10, Block 7, GREENRIDGE, Dakota County,
Minnesota, according to the recorded plat thereof, thence North 01 degrees 00 minutes
45 seconds West, along the west line of said Lot 10, a distance of 20.96 feet to the
southeast corner of Lot 2, Block 6, in said Crossroads 2nd Addition; thence South 88
degrees 59 minutes 15 seconds West a distance of 90.00 feet to the point of beginning.
EASEMENT DESCRIPTIONW
A 10.00 foot wide permanent easement for public drainage and utility purposes over,
under, across and adjoining the south line of said Parcel B.
And also:
A 5.00 foot wide permanent easement for public drainage and utility purposes over,
under, across and adjoining the east and west lines of said Parcel B, EXCEPT the south
10.00 feet of said Parcel B.
[ABSTRACT PROPERTY]
152596vOl LKVL:GROSSINGERiFITZNER
SRN:06 /2412010 Admin Subd /Combo (Parcel 13)
MORTGAGE CONSENT
TO EASEMENT
BB &T (Branch Banking and Trust Company), holds a mortgage on all or part of the
property more particularly described in the foregoing Grant of Permanent Easement, for good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby
join in, consents to and subjects its interest in the property subject to the foregoing Grant of
Permanent Easement.
BB &T Branch Banking and Trust Company
CAvoti�ra
STATE OF�'FAr )
) ss.
COUNTY OF . L )
The fo oin instrument was acknowledged before me this St'IL day of 1 w ,
2010, by Jex ja. t o and by C) y) the
ve' J and eYca;! r. V(cc. ks cU of Lib erty
-Mer4g e , a Georgia corporation, on behalf of the corporation.
/1p CIA
NOTARY PUBLIC
BY:
ANC
Wrnrr►aZS exPtres ; !o f 26 1 17
THIS INSTRUMENT WAS DRAFTED SY:
CAMPML KNUTSON
Praressiona! AS&wJelion
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 4525000
SRN.TM
1525%YOl
SRN-00411010
0
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PUBS\- P
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LK VL:GxOssura>rtUF1TaNRR
Admin Subd, /Camhn. (Panel 3)
J
CITY OF LAKEVILLE
Planning Commission Meeting Minutes
July 8, 2010
e July 8, 2010 Planning Commission meeting was called to order by Chair Davis
in ke City Hall Council Chambers at 6:00 p.m.
Flag ple e and roll call of members:
Present: Chair Davis
Vice Chair Lillehei
ecretary Adler
'ssioner Drotning
Co 'ssioner Glad
Comm' sioner Grenz
Commiss' ner Maguire
Ex- officio B sler
Absent: None
Staff Present: Daryl Morey, PI g Director; Dennis Feller, Finance Director;
Frank Dempsey, A ociate Planner; Zach Johnson, Assistant City
Engineer; and Penny evig, Recording Secretary.
ITEM 3. APPROVAL OF MEETING MINUTES:
The June 17, 2010 Planning Commission mel�,ng minutes were approved as
presented.
ITEM 4. ANNOUNCEMENTS:
Mr. Morey stated the following items were distributed at tonigh meeting:
1. StarTribune Article: Part 1: Rules skirted and lakes unde attac
2. Court of Appeals case involving a City of Minnetonka vari c
Mr. Morey indicated that both of the handouts at tonight's meeting are in re rd to
variances. He indicated that there may be a future work session to discuss the
harriclhip rriteria for crrar�+ir�S Ees
ITEM 5. F TTZNER AND GROSSINGER
Chair Davis opened the public hearing to consider the vacation of public drainage
and utility easements, located on single family lots addressed at 17748 and 17752
Planning Commission Meeting
DRAF
July 8, 2010
Page 2
Galery Drive. The Recording Secretary attested that the legal notice had been duly
published in accordance with State Statutes and City Code.
Michele Fitzner and Michael Grossinger presented an overview of their request.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that Planning Department staff recommends approval of the easement
vacations subject to the three stipulations listed in the June 30, 2010 planning report.
Chair Davis opened the hearing to the public for comment.
There were no comments from the audience.
10.29 Motion was made and seconded to close the public hearing at 6:09 p.m.
Ayes: Glad, Maguire, Lillehei, Davis, Adler, Grenz, Drotning.
Nays: 0
Chair Davis asked for comments from the Planning Commission. Discussion points
were:
• Clarified that Dakota County now allows outlots to be combined with a
platted parcel into one tax ID number.
• Confirmed that the addition of the outlot segment will 'increase the buildable
area of the lot.
10.30 Motion was made and seconded to recommend to City Council approval of the
vacation of public drainage and utility easements located at 17748 and 17752 Galery
Drive, subject to the following stipulations:
1. Approval of the easement vacation shall be contingent upon the recording of
the administrative subdivision/ combination and drainage and utility
easement agreement.
2. A signed easement agreement dedicating the new drainage and utility
easements shall be submitted prior to City Council consideration of the
easement vacation request.
3. The use of Parcels A and B as combined with the respective platted lots is
restricted to passive use only such as a fence. Building or zoning permits
will not be issued for any structures on the Outlot O portions of the
properties consistent with Zoning Ordinance requirements.
Ayes: Maguire, Lillehei, Davis, Adler, Grenz, Drotning, Glad.
Nays: 0
tem No. 5
La�ke�`v`i1le
Memorandum
To Planning Commission
From: WFrank Dempsey, Associate Planner
Copy: Fitzner and Grossinger
Date: June 30, 2010
City of Lakeville
Planning Department
Subject: Packet material for the July 8, 2010 Planning Commission meeting.
Agenda
Item: Vacate public drainage and utility easements at 17748 and 17752
Galery Drive.
Action
Deadline: August 8, 2010
BACKGROUND
Chad and Michelle Fitzner and Michael Grossinger have submitted applications for the
vacation of existing drainage and utility easements and an administrative subdivision /lot
combination application in association with the proposed purchase of a portion of City -
owned Outlot 0, Crossroads 1 Addition. Outlot 0 lies adjacent to the rear of the
applicants' properties which are in the Crossroads 2 Addition plat. The Greenridge plat
is located to the east of the applicants' properties.
The Greenridge plat is zoned RS -2, Single Family Residential District which requires a
minimum 15,000 square foot lot area and 100 foot lot width. The Crossroads 2nd
Addition lots are zoned RS -3, Single Family Residential District which requires a minimum
11,000 square foot area 85 foot lot width. The rear property lines of the applicant's lots
do not match the rear property lines of the lots in the adjacent Greenridge plat to the
east as shown on Exhibits A and B. The applicants would like to match their rear lot lines
with those of the adjacent Greenridge lots. The Crossroads and Greenridge lots were
separated by quarter sections and were developed by different developers approximately
five years apart.
The applicants' request to purchase the portion of the outlot arose from a complaint in
the neighborhood that the Fitzners and Mr. Grossinger were encroaching over using the
outlot including maintained lawns and a recreational fire pit. Upon further investigation,
staff confirmed the encroachments and ordered them removed and for the property
owners to discontinue mowing into the City owned outlot. The Fitzners and Mr.
Grossinger requested that they be allowed to purchase a 21 foot wide strip of Outlot 0 to
align with the rear lot lines in the adjacent Greenridge plat to the east and to allow them
to continue using this area.
City staff met with the applicants and agreed to the sale of a portion of Outlot 0 pending
City Council approval and based upon the value of the land as determined by an appraisal
prepared by the applicants.
The City Council will consider the property sale along with their consideration of the
easement vacation. If the City Council approves the vacation of the drainage and
utility easements as proposed, staff will approve an administrative subdivision /lot
combination of the properties as shown on Exhibit C. Parcel A would then be
combined with the existing Fitzner lot and Parcel B would be combined with the
Grossinger lot.
The applicants' future use of Parcels A and B will be restricted to passive use only
unless the properties including the Outlot 0 portions are replatted into lots. The
Zoning Ordinance does not allow building permits to be issued to outlots. A zoning
permit can been issued for fences.
EXHIBITS
A. Location Map
B. Aerial Photo
C. Certificate of Survey for Easement Vacation and Administrative
Subdivision /Combination, revised June 15, 2010
STAFF ANALYSIS
Easements. The existing 10 foot wide rear yard drainage and utility easements
will be vacated and new rear and side boundary drainage and utility easements
will be established over the portions of Outlot 0 (Parcels A and B) to be purchased
by the applicant's consistent with Zoning Ordinance and Subdivision Ordinance
requirements.
Staff has notified the following utility companies regarding the proposed easement
vacation. The companies have been assured that new drainage and utility
easements will be established as part of the administrative
subdivision /combination:
0 Dakota Electric Association
0 Frontier Communications
0 Charter Communications
0 Centerpoint Minnegasco
None of the above noted utility companies have expressed opposition to the proposed
easement vacation.
Lot Area /Lot Width /Building Setbacks. The applicants' existing parcels meet the
Zoning Ordinance requirements for lot area, lot width, and building setback
requirements. There are no known non - conforming conditions on the existing lots.
The proposed administrative subdivision /lot combination will not result in any
nonconforming conditions.
Utilities. Sanitary sewer and water serves the existing houses. There will be no
alteration of existing utilities with the proposed easement vacation and administrative
subdivision /lot combination. The utility companies have indicated that there are
presently no private utilities within the existing drainage and utility easement that are
proposed to be vacated.
RECOMMENDATION
Staff recommends approval of the vacation of the drainage and utility easements
on the properties located at 17748 and 17752 Galery Drive as identified on the
attached Certificate of Survey (Exhibit C) subject to the following stipulations:
1. Approval of the easement vacation shall be contingent upon the recording of, the
administrative subdivision /combination and drainage and utility easement
agreement.
2. A signed easement agreement dedicating the new drainage and utility
easements shall be submitted prior to City Council consideration of the
easement vacation request.
3. The use of Parcels A and B as combined with the respective platted lots is
restricted to passive use only such as a fence. Building or zoning permits will not
be issued for any structures on the Outlot 0 portions of the properties consistent
with Zoning Ordinance requirements.
3
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Cedar Avenue (CSAH 23)
Location of Outlot O
Crossroads 2nd Addition
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Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not Map Scale
guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch= 119 feet
appraisal, survey, or for zoning verification.
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EXHIBIT C