ITEM 4.1 Vacating existing utility easementl
OtsTY F o
MINNESOTA g
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR: MEETING DATE:
Planning
City Planner Licht 11 March 2019
PRESENTER(s)
REVIEWED BY: ITEM #:
City Planner Licht
City Administrator/Finance Director Flaherty 4.1— Riverbend North
City Engineer Wagner
STRATEGIC VISION
MEETS:
THE CITY OF OTSEGO:
ARE YOU SEEKING APPROVAL OF A CONTRACT?
Is a strong organization that is committed to leading the community through innovative
communication.
No
Has proactively expanded infrastructure to responsibly provide core services.
BACKGROUND/J USTI FI CATI ON:
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
X
Is a social community with diverse housing, service options, and employment opportunities.
plat for Riverbend North provides for dedication of right-of-way and drainage and utility easements
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a resolution vacating a portion of an existing utility easement.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
Yes
BACKGROUND/J USTI FI CATI ON:
Darkenwald Corporation received approval on 23 July 2018 of a final plat for the first phase of the
Riverbend North subdivision. City staff identified that there is an existing utility easement within Lot 2,
Block 1, Riverbend North upon which one of the planned mini storage buildings would encroach. The final
plat for Riverbend North provides for dedication of right-of-way and drainage and utility easements
necessary for existing and planned stormwater drainage and utility extensions including at the perimeter of
each lot and overlaying stormwater facilities as required by Section 21-8-12.A of the Subdivision Ordinance.
The right-of-way and drainage and utility easements dedicated with the final plat make unnecessary the
existing portion of the existing utility easement that the proposed mini storage building would encroach
upon. As the existing easement no longer serve a public purpose, City staff recommends its vacation to
allow for construction of the mini storage building as approved with the PUD Development Stage Plan for
Riverbend North.
SUPPORTING DOCUMENTS ATTACHED:
■ Site location map
■ Resolution 2019-11 Vacating Roadway and Utility Easements
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to adopt Resolution 2019-11 vacating a portion of an existing utility easement within the plat of
Riverbend North.
BUDGET INFORMATION
FUNDING: BUDGETED:
NA NA
Site Location - Riverbend North
Overview
Legend
Roads
CSAHCL
CTYCL
— MUNICL
PRIVATECL
— TWPCL
Highways
Interstate
— State Hwy
US Hwy
City/Township Limits
Oc
t
0 Parcels
RESOLUTION NO.: 2019 -11
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION APPROVING VACATION OF A PORTION OF AN EXISTING
UTILITY EASEMENT WITHIN THE PLAT OF RIVERBEND NORTH.
WHEREAS, Darkenwald Corporation has received approval to final plat
Riverbend North; and,
WHEREAS, Document No. 115346 recorded with Wright County establishes a
utility easement over a portion of Lot 2, Block 1, Riverbend North; and,
WHEREAS, the final plat of Riverbend North includes dedication of right-of-way
and drainage and utility easements as required by the Subdivision Ordinance; and,
WHEREAS, the dedication of right-of-way and drainage and utility easements
with the final plat of Riverbend North supersede and make unnecessary that easement
easement described by Exhibit A; and,
WHEREAS, Darkenwald Corporation and Otsego Mini Storage, LLC have
applied for vacation of that portion of the existing utility easement as described by
Exhibit A; and,
WHEREAS, the City Council held a public hearing at their regular meeting on 11
March 2019 to consider the vacation request, 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 portion of the utility easement described by Exhibit A serves no
useful public purpose; and,
WHEREAS, the City Council having considered all information received related
to the requested vacation finds that vacating the portion of the existing 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:
That the portion of the existing 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 utility easement
shall cause no damage to any abutting or nearby property owners and therefore
no damages are awarded to any such property owners.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 11th day of March,
2019.
ATTEST:
Tami Loff, City Clerk
CITY OF OTSEGO
I:ya
Jessica L. Stockamp, Mayor
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