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ITEM 4.3 Flynn D/U VacationP OtkgoF 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 Site Location Map Ax Lu 06 iz jW T E= 44 # I IF —118026 I SA. t Zr a5G0211302 Lu -Zz I16286001, > !!j Lu01060 0 0 _87TH Tw 418286' A -73 11 286001696 1182$60020k 0 7 .118286000010 . 4 4 t -884500S tiTiN E A. A 11850-0213M -'84TWSTNE--. 295 ft 111 033001120 , ' overview A vuxq� 1z Legend Roads CSAHCL CTYCL MUNICL PRIVATECL TWPCL Highways Interstate State Hwy US Hwy City/Township Limits El C ❑ t (0 Parcels A vuxq� 1z 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. / �� INVOICE NO. 87223 d.b.a. S 89°30'23" W 57.99 --_ F.B.NO. copy -cert ,__ LOT SURVEYS COMPANY ° \� --- \ � 9 13 --' \ SCALE: 1" = 40' Established in 1962 r -A N_ \ 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. v�\ 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 Landscape o \\ ° NtS� \\ \ Edgmg 1 ® oo A �� \_—\ q33 0 \\01 Ldt ,sodded. - \ \ E u 1 \ \ !Z Basis for p \\\ bearings is assumed \ 20' Buffer Setback Easement Area to be Vacated See Detail Most Easterly Corner of Lot 4 \moo �// �, •� l / / 30 32,t2 Easement Area CD to be vacated \ 0 WeII W \ I \ "X/ >N 16°5223" W O> I \1 ; 1742 7.42 \ I �• O � r / Landscape � 5 ti o) / 'Edging r j� 6 \ \ \ Go I o 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. � I � � s \ / 9 ��/ / 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. \ LO 0.28(" 52'55 g Signed Gregory asc , Minn. Reg. No. 24992 � I