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Home My WebLink About2010-08-18 PACKET 06.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 8/18/10 PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Hold the public hearing on the vacation and discontinuance of a 10 -foot wide drainage and utlity easement bisecting property being developed as Pinecliff 3rd Addition. Consider approving the easement vacation and authorizing the City Clerk to prepare a notice to the County Auditor regarding the completion of the vacation. STAFF RECOMMENDATION 1. Hold the public hearing. 2. Adopt the resolution approving the easement vacation and authorizing the preparation of a notice to the County Auditor regarding the completion of the vacation. ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ❑ PLANNING El PUBLIC SAFETY ❑❑ 0 ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated 8/12/10 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Location Map ADMINISTRATORS COMMENTS > c t City Administrator Date COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: August 12, 2010 RE: Proposed Vacation and Discontinuance of Utility and Drainage Easements (Public Hearing continued from July 21, 2010) Introduction The City Council is requested to hold a public hearing to vacate and discontinue two five -foot wide public utility and drainage easements that are located on properties that will be subdivided in Pinecliff 3rd Addition. These utility and drainage easements abut and parallel each other and are located on the north and south sides of a common property boundary line that bisects U.S. Home Corporation's next phase of their Pinecliff development. A map showing the location of these easements is attached. Discussion Scheduling this public hearing will coincide with U.S. Home Corporation's final plat ap- plication for the Pinecliff 3rd Addition. City Council approval of the Pinecliff 3rd Addition is also on the August 18, 2010, City Council agenda. Approval of the final plat will pro- vide other utility and drainage easements through the development and the underlying older easements are no longer needed. Recommendation 1. Hold the public hearing on the vacation and discontinuance of a 10 -foot wide drainage and utility easement that is centered on a property boundary line that bisects property being developed as Pinecliff 3rd Addition; and 2. Adopt the resolution approving the vacation and discontinuance the drainage and utility easement described above, and authorize the City Clerk to prepare a notice to be presented to the Washington County Auditor regarding the completion of the pro- ceedings herein. A RESOLUTION VACATING AND DISCONTINUING DRAINAGE AND UTILITY EASEMENTS THAT ARE FIVE FEET IN WIDTH AND GENERALLY LOCATED IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 27, RANGE 21, WASHINGTON COUNTY, MINNESOTA WHEREAS, U. S. Home Corporation has applied to vacate and discontinue recorded public utility and drainage easements that are five -feet wide. The two easements abut and parallel each other and effectively provide a ten -foot wide easement centered on and paralleling a boundary line in the east half of the Northeast Quarter of Section 5, Township 27, Range 21. Each easement is legally described as: DRAINAGE AND UTILITY EASEMENT: A five (5) foot wide drainage and utility easement along and paralleling the south boundary line of the following described parcel: That part of the East Half of the Northeast Quarter of Section 5, Township 27, Range 21, Washington County, MN lying north of the south 1761.72 feet thereof except the north 100 feet of the east 150 feet of said East Half of Northeast Quarter. • DRAINAGE AND UTILITY EASEMENT: A five (5) foot wide drainage and utility easement along and paralleling the north boundary line of the following described parcel: That part of the East Half of the Northeast Quarter of Section 5, Township 27, Range 21, Washington County, MN lying north of the south 1761.72 feet thereof except the north 100 feet of the east 150 feet of said East Half of Northeast Quarter. WHEREAS, a notice of public hearing was published in the South Washington County Bulletin on July 7, 2010, and July 14, 2010; and WHEREAS, the City Council continued the public hearing on the proposed vacation of a portion of the drainage and utility easement from July 21, 2010, to August 11, 2010, to August 18, 2010; and WHEREAS, no written or oral testimony from the general public opposed said easement vacations. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, Washington County, Minnesota, that the drainage and utility easements on property described above are now vacated and discontinued. Resolution No. 2010 -XXX Page 2 of 2 BE IT FURTHER RESOLVED, that the City Clerk shall prepare a notice to be presented to the Washington County Auditor reflecting the completion of the proceedings herein. Passed this 18th day of August, 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk NOTICE OF COMPLETION OF VACATION CITY OF COTTAGE GROVE COUNTY OF WASHINGTON — STATE OF MINNESOTA To Whom It May Concern: Please take notice: 1) Pursuant to Minn. Stat. 412.851, the City of Cottage Grove initiated the vacation and discontinuance of certain drainage and utility easements legally described as follows: DRAINAGE AND UTILITY EASEMENT: A five (5) foot wide drainage and utility easement along and paralleling the south boundary line of the following described parcel: That part of the East Half of the Northeast Quarter of Section 5, Township 27, Range 21, Washington County, MN lying north of the south 1761.72 feet thereof except the north 100 feet of the east 150 feet of said East Half of Northeast Quarter. AND DRAINAGE AND UTILITY EASEMENT: A five (5) foot wide drainage and utility easement along and paralleling the north boundary line of the following described parcel: That part of the East Half of the Northeast Quarter of Section 5, Township 27, Range 21, Washington County, MN lying north of the south 1761.72 feet thereof except the north 100 feet of the east 150 feet of said East Half of Northeast Quarter. 2) Notice of hearing of said vacation was duly published, posted, and mailed in accordance with applicable Minnesota Statutes and the hearing was held on the 18th day of August 2010. 3) The City Council of the City of Cottage Grove proceeded to hear all persons interested in said vacation and all persons interested were afforded an opportunity to present their views and objections to the proposed vacation. 4) That on the 18th day of August 2010, the City Council of Cottage Grove pursuant to Minn. Stat. 412.851 did adopt Resolution No. 2010 -XXX and did thereby vacate certain drainage and utility easements legally described as follows: DRAINAGE AND UTILITY EASEMENT: A five (5) foot wide drainage and utility easement along and paralleling the south boundary line of the following described parcel: Notice of Completion of Vacation August 18, 2010 Page 2 of 2 That part of the East Half of the Northeast Quarter of Section 5, Township 27, Range 21, Washington County, MN lying north of the south 1761.72 feet thereof except the north 100 feet of the east 150 feet of said East Half of Northeast Quarter. DRAINAGE AND UTILITY EASEMENT: A five (5) foot wide drainage and utility easement along and paralleling the north boundary line of the following described parcel: That part of the East Half of the Northeast Quarter of Section 5, Township 27, Range 21, Washington County, MN lying north of the south 1761.72 feet thereof except the north 100 feet of the east 150 feet of said East Half of Northeast Quarter. That vacation of said property was completed by the adoption of the aforesaid Resolution. Dated this 18th day of August 2010. City of Cottage Grove By Caron M. Stransky Its: City Clerk