ITEM 4.3 Flynn D/U VacationP
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MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
22 January 2018
PRESENTER(s)
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator Flaherty
City Engineer Wagner
4.3 — Flynn D/U Vacation
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a vacation of existing drainage and utility easement.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
Yes
BACKGROUND/JUSTIFICATION:
Tim and Renee Flynn own the lot located at 8718 Odell Court within Wilson Preserve.
The lot is developed with a single family dwelling and 192 square foot detached accessory building. City
staff identified that the detached accessory building is located within a drainage/utility easement and
wetland buffer dedicated with the Wilson Preserve final plat in accordance with Section 20-16-5.F of the
Zoning Ordinance. The property owner was notified of the encroachment in a letter by the City Planner
dated 20 November 2017, and City staff and the property owner met thereafter to discuss the matter.
City staff notes that the drainage/utility easement extends 10 feet beyond the required wetland. The
detached accessory building is constructed upon a concrete foundation that makes relocating the building
difficult. Rather than relocate the building, City staff and the property owner agreed that vacating the
wetland buffer and drainage/utility easement underlying the building with dedication of an equivalent area
of additional buffer within the property would be reasonable to address the encroachment. The City has
allowed wetland buffer averaging in other subdivisions provided that at least a 10 foot buffer remain from
the delineated edge of the wetland. The existing detached accessory building is no closer than 10 feet
from the delineated edge of the wetland. The wetland buffer mitigation area is within existing drainage
and utility easement dedicated with the final plat of Wilson Preserve.
SUPPORTING DOCUMENTS ATTACHED:
— Site location map
— Resolution 2018-08 vacating existing drainage and utility easement
— Easement vacation exhibit
POSSIBLE MOTION
PLEASE WORD MOTION ASYOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to adopt Resolution 2018-08 vacating existing drainage and utility easement within Lot 4, Block 1
Wilson Preserve.
BUDGET INFORMATION
FUNDING: BUDGETED:
NA
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RESOLUTION NO.: 2018 - 08
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY
EASEMENTS WITHIN LOT 4, BLOCK 1 WILSON PRESERVE.
WHEREAS, the City of Otsego approved a final plat of Wilson Preserve, City of
Otsego, Wright County, State of Minnesota; and,
WHEREAS, the Wilson Preserve Final Plat included dedication to the City of
drainage and utility easements; and,
WHEREAS, Tim and Renee Flynn are the property owners of Lot 4, Block 1
Wilson Preserve; and,
WHEREAS, the property owners have applied for vacation of a portion of the
drainage and utility easement dedicated within Lot 4, Block 1 as described by Exhibit &
and,
WHEREAS, the City Council held a public hearing at their regular meeting on 22
January 2018 to consider the vacation, preceded by required published and mailed
legal notice; and,
WHEREAS, the City Council heard all parties interested therein and closed the
public hearing; and,
WHEREAS, the Request for Council Action dated 22 January 2018 prepared by
the City Planner, The Planning Company LLC, is incorporated herein; and,
WHEREAS, the drainage and utility easements described by Exhibit A serve no
useful public purpose; and,
WHEREAS, the City Council having considered all information received related
to the proposed vacation and easement dedication finds that vacating a portion of the
existing drainage and utility easement as described by Exhibit A would be in the public
interest; and,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego
that Otsego hereby orders:
1. That the drainage and utility easement located in the City of Otsego, Wright
County, State of Minnesota described by Exhibit A is hereby vacated.
2. The City Council hereby determines that the vacation of said drainage and utility
easement shall cause no damage to any abutting or nearby property owners and
therefore no damages are awarded to any such property owners.
3. The area shown on Exhibit B as Wetland Buffer Mitigation Area shall be
preserved as provided for by Section 20-16-5.F of the Zoning Ordinance.
MOTION BY:
1.9=C%]►1a]I--yA
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 22nd day of
January, 2018.
ATTEST:
Tami Loff, City Clerk
CITY OF OTSEGO
:ya
Jessica L. Stockamp, Mayor
2
Proposed Easement Vacation Description:
To vacate that part of the utility and drainage easement over, under, and across Lot 4, Block 1, WILSON
PRESERVE, Wright County, Minnesota, described as follows: Commencing at the most Easterly corner of
said Lot 4; thence S66°52'55"W, assumed bearing, along the Southeasterly line of said Lot 4, a distance
of 80.28 feet; thence N16°52'23"W 17.42 feet; thence N30°39'46"E 32.84 feet; thence N19°47'27"W
4.90 feet to the point of beginning of said vacated easement; thence S56°57'03"E 19.03 feet; thence
N33°02'57"E 16.00 feet; thence N56°57'03"W 40.14 feet; thence S19°47'27"E 31.39 feet to the point of
beginning and there terminating.
Area of vacated easement is 473 sq ft
Area of vacated easement encroaching into the 20 foot wetland buffer setback is 167 sq ft
Proposed Easement Vacation For:
HOMES PLUS
The Gregory Group, Inc.
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INVOICE NO. 87223
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F.B.NO. copy -cert
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LOT SURVEYS COMPANY
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SCALE: 1" = 40'
Established in 1962 r
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Wetland Buffer
0 Denotes Found Iron Monument
1
1
Mitigation Area
Property located in Section 21, Township 121, Range 23. I.,AND SURVEYORS I 1 l 67 s ft M O Denotes Iron Monument
Wright County, Minnesota. REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA j \ — 9 nj O Denotes Wood Hub Set for
W > 07 excavation only
7601 73rd Avenue North (763) 560-3093 51
Address: 8718 O'Dell Court NE, Otsego, MN Minneapolis, Minnesota 55428 Fax No 560-3522 1 \ 3 _ Denotes Existing Contours
uruPr C�Prtftrtt��
\ r Denotes Proposed Contours
Proposed Easement Vacation Description:
To vacate that part of the utility and drainage easement over, under, 1 / \ rn I n� _ x000.0 Denotes Existing Elevation
and across Lot 4, Block 1, WILSON PRESERVE, Wright County, 1 \` I 3 _ N
Minnesota, described as follows: Commencing at the most Easterly ^ \ N I 00 000.0 Denotes Proposed Elevation
corner of said Lot 4; thence S66°52'55"W, assumed bearing, along LU\ I �
C — Denotes Surface Drainage
the Southeasterly00
line of said Lot 4, a distance of 80.28 feet; thence\ I z
N16°52'23"W 17.42 feet, thence N30°39'46"E 32.84 feet; thence Lot 4, Block 1, WILSON PRESERVE M ® \\ j j `,, 20' Wetland buffer
N19°47'27"W 4.90 feet to the point of beginning of said vacated Wright County, Minnesota 1r) 1 1 I \\ I
easement; thence S56°5T03"E 19.03 feet; thence N33°02'57"Ej f \ 3 \ Ed e of dehneated
16.00 feet; thence N56°57'03"W 40.14 feet; thence S19°47'27"E l ® � moo\ _ \\ wetland per plat
31.39 feet to the point of beginning and there terminating.
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Area of vacated easement is 473 sq ft I
Area of vacated easement encroaching into the 20 foot wetland
buffer setback is 167 sq ft
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Easement Area
to be Vacated
See Detail
Most Easterly
Corner of Lot 4
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32,t2
Easement Area CD
to be vacated
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Detail \\\ \\ �\S)o I / tih�0 Most Easterly // N 66 The onlyeasements hown are from plats of record or information
0Corner of Lot 4 I provided bX client.
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��/ / F I certify that this plan, specification, or report was prepared by me or
`9 \\ � / �`I Ri5 s� under my direct supervision and that I am a duly Licensed Land
-,v- r l Surveyor under the laws of the State of Minnesota
'b NSW Surveyed this 14th day of December 2017.
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0.28(" 52'55
g Signed
Gregory asc , Minn. Reg. No. 24992
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