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Home My WebLink About2015-12-16 PACKET 06.B. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA '' MEETING ITEM #� � I DATE 12/16/15 . � . PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR * * * * * * * * * * � * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ' COUNCIL ACTION REQUEST: 1. Hold the public hearing that vacates and the public drainage and utility easement described � above. 2. Consider adopting the resolution approving the vacation and discontinuance of the drainage and utility easement described above, and authorize the City Clerk to prepare a j notice to be presented to the Washington County Auditor regarding the completion of the proceedings herein. STAFF RECOMMENDATION: I � Approve the request. ' ADVISORY COMMISSION ACTION: DATE REVIEWED APPROVED DENIED i ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ j ❑ PARKS AND RECREATION ❑ ❑ ❑ ; ❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ I SUPPORTING DOCUMENTS: j � MEMO/LETTER: Memo from John M. Burbank dated 12/11/15 ; � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERWG RECOMMENDATION: ' ❑ LEGAL RECOMMENDATION: � � OTHER: Notice of Vacation ' ADMINISTRATOR'S COMMENTS: l � ;f � �� 1a�� , ,� City Administrator Date * * � * * * * * * * * * * * * � * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * � * I � COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER � Cottage � Grove �here Pride anaP�osperity Meet TO: Mayor and Members of the City Council Charlene Stevens, City Administrator FROM: John M. Burbank, AICP, Senior Planner DATE: December 11, 2015 RE: Vacation and Discontinuance of Utility and Drainage Easements — 61 Marine Introduction The City Council is requested to hold a public hearing to vacate and discontinue a public utility and drainage easements that is recorded on the existing site of 61 Marine and Sports, 11726 Point Douglas Drive South (Parcel # 36.027.21.42.0024). The legal description of the easement area to be vacated is below: A 5-foot drainage and utility easement over, under, and across that part of Lot 2, Block 1, SEEGER ADDI TION, on file and of record in the office of the County Recorder, Washington County, Minnesota, lying northwesterly and westerly of the following described line: Beginning at the most southerly corner of said Lot 2; thence N36�1'40"E, along the southeasterly line of said Lot 2, a distance of 266.02 feet; thence N00°10'09"W a distance of 324.94 feet to the north line of said Lot 2 and there terminating. « �,.z,�� ----------- ,,,�, - �� --;---._._._._.._.—_�.;, � .' i I . . �. k3 1 � 'e� 6f�RNi 515fW IS tiSUK7. �q; y�y �r � p[IM1[S/WM1p WOM YOnWCni. '� � e [,�r.0�t5 1/Y ipW Pf[SCi. '. - � wFIIU BY aL£IJSa, � lOf;� 2 O�OCK'� 1 s£f�Fql;'�.� �ir» � � d . o. rj�,�• »n.v+'. � w,�S:i»`£'..: y •"._,.'�'��.w.� I�� 9p 1�� l::,„ �. »�S'W W..�L':tM , ,t � ��0 � ..�.`.""ii u ...�':�i ""'�I��;;.�.M..Si.l'�„'i,�� A,c'�' Y /� . wN.'=': �'ti.,n�»+ ..�� ........�.. .�� Y�r `��--- LOr I _i I � «.�...��w,.... ... ...»�.w. ;%�a OLaCK 1 � .�r�,nu wrmn� •,Y ��f� � . !� �.` � �� . .. . �� ^•. �'�� owvExt�ssocures,uac • * „�.r„ .!� �� v`�h;�� y�.w..�.. -r.(� ��. �\` � �aMU�vJ+Y tiW�11aVF T,9�1.�P��pP� ♦ / � i , I�jc��.�\'p0'b/�.` r�O e��`� '�:;.;:r,�.�� BOUN�ARY SURVEY � ,•'�!�� z�uc i.sr w�w ar: '��J o.n:�o»� n�o �a�'/t�.,.•��;�. 67 lAAf21Nk k SPORTS, INC. �� '��o� ' WASFIINGTON COUNTY.IAN. ';mo-� Easement Detail Honorable Mayor, City Council, and Charlene Stevens Vacation and Discontinuance of Utility and Drainage Easements-61 Marine December 11, 2015 Page 2 of 2 Discussion With the expansion of the non-conforming sales and storage yard use for 61 Marine and Sports in 2015 and the subsequent incorporation of Lot 2, Block 1, Seeger Addition, an easement that was required to be dedicated during a previous lot split of the subdivision is no longer essential or required. The requested vacation would terminate that previous public dedication. ; '� �'�r�: � -� - � ��,n.'� � �.�_ ' . - �ti . ��"� . �-t .i� '�"'��2`E}. _ '-"_�,______'... ...__"'" ' F r � e � ��. � � � � ,7 �'�` ''� �-` �� _ �,�;•.� `� `.. ��`�� y.0 __ .s\� �`�' •�\� � �\, ti: �F , `-. S?A ��.\. o� "'_., .;, . ':ti �lo ,<;_ -`'`•• �� oG�<q ' �� S'�OS \ ��' Expansion Area Detail The City Engineer has reviewed the vacation and discontinuance of the public drainage and utility easement and is in support of the request. Public Hearing The notice of the public hearing was properly published twice, on December 2 and 9, 2015, in the City's official newspaper, as required by state statutes Recommendation 1. That the City Council hold the public hearing that vacates and the public drainage and utility easement described above. 2. That the City Council adopt the resolution approving the vacation and discontinuance of 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 proceedings herein. i I ; RESOLUTION NO. 2015-XXX i ; A RESOLUTION VACATING AND DISCONTINUING ALL A PUBLIC DRAINAGE AND ', UTILITY EA�EMENT ON LOT 2, BLOCK 1, SEEGER ADDITION (11726 POINT DOUGLAS � [�RNE) LOCATED WITHIN THE CITY OF COTTAGE GROVE, MN ' WHEREAS, the Stu-Mac Properties has applied to vacate and discontinue a public ! drainage and u�ility easement legally described as: , A 5-foot drainage and utility easement over, under, and across that part of Lot 2, Block 1, SEEGER ADDITION, on file and of record in the office of the County ' Recorder, Washington County, Minnesota, lying northwesterly and westerly of the � followinc� described line: Beginning at the most southerly corner of said Lot 2; thence N36°21'40"E, � along the southeasterly line of said Lot 2, a distance of 266.02 feet; thence N00°10'09"W a distance of 324.94 feet to the north line of said Lot 2 and there ' terminating. WHEREAS, a notice of public hearing was published in the South Washington County ' Bulletin on December 2, 2015, and December 9, 2015; and � i WHEREAS, on December 16, 2015, the City Council held the public hearing on the ; proposed vacation of a public drainage and utility easement on property at 11276 Point Douglas '; Drive South; and WHEREAS, written or oral testimony was not received from the general public opposing i said easement vacations. i 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 the property i described above is now vacated and discontinued. 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 16th day of December, 2015. i Myron Bailey, Mayor � Attest: G � Joe Fischbach, City Clerk I I � I NOTICE OF COMPLETION OF VACATION CITY OF COTTAGE GROVE COUNTY OF WASHINGTON — STATE OF MINNESOTA ; To Whom It May Concern: i Please take notice: ' 1) Pursuant to Minn. Stat. 412.851 the City of Cottage Grove initiated the vacation and discontinuance of certain utility and drainage easements described below: , � A 5-foot drainage and utility easement over, under, and across that part of Lot 2, Block 1, SEEGER ADDITION, on file and of record in the office of the County , Recorder, Washington County, Minnesota, lying northwesterly and westerly of the � following described line: ' Beginning at the most southerly corner of said Lot 2; thence N36°21'40"E, i along the southeasterly line of said Lot 2, a distance of 266.02 feet; thence � N00°10'09"W a distance of 324.94 feet to the north line of said Lot 2 and there terminating. ' � 2) Notice of hearing of said vacation and discontinuance was duly published, posted, � and mailed in accordance with applicable Minnesota Statutes, and the public hearing was held ' on the 20th day of May, 2015. ' i 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 i their views and objections to the proposed drainage and utility easement vacations and � discontinuous. ; 4) That on the 16th day of December, 2015, the City Council of Cottage Grove pursuant to Minn. Stat. 412.851 did adopt Resolution No. 2015-XXX and did thereby vacate and discontinued the utility and drainage easements described above. Dated this 16th day of December, 2015. I i City of Cottage Grove � � � i By Joe Fischbach, City Clerk i ; ,