Item 4.2 Vacating existing drainage and utility easements01
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MINNESOTg
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
8 March 2021
PRESENTER(s)
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator/Finance Director Flaherty
City Engineer Wagner
4.2 — Metro Home Insulation
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.
X
Has proactively expanded infrastructure to responsibly provide core services.
BACKGROUND/JUSTIFICATION:
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.
either constructed in a different location or relocated to the east of the drainage and utility easement to be
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends adoption of a resolution vacating existing drainage and utility easements.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
To be held by City Council 8 March 2021
BACKGROUND/JUSTIFICATION:
The owners of the Metro Home Insulation property located at 5861 Queens Avenue NE have applied to
request vacation of existing drainage and utility easements within the lot. The drainage and utility
easements were intended to overlay a stormwater drainage pipe through the property. The pipe was
either constructed in a different location or relocated to the east of the drainage and utility easement to be
vacated. The existing stormwater drainage pipe is overlaid by drainage and utility easement. The property
owner is requesting vacation of the drainage and utility easement described by the vacation exhibits as the
principal building on the property encroaches within the easement. The City Engineer has reviewed the
proposed vacation of the existing drainage and utility easement and determined that it serves no public
purpose.
SUPPORTING DOCUMENTS ATTACHED:
■ Application narrative dated February 17, 2021
■ Resolution 2021-19
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to adopt Resolution 2021-19 vacation of existing drainage and utility easements within PID 118-
802-022105.
RIInGFT INFORMATION
FUNDING: BUDGETED:
N/A
February 17, 2021
Request for Partial Vacation of Drainage & Utility Easement
5861 Queens Ave NE, Otsego, MN
a) Property owner: Four H Properties, LLC
b) Survey: a survey of the property is attached as Exhibit A. Additionally, a drawing of the
portion of the easement to be vacated is attached as Exhibit B.
c) Legal description of Property: See survey attached as Exhibit A.
d) Legal description of easement to be vacated: See legal description attached as Exhibit C.
e) Existing and proposed use: The property is currently in use by an insulation and
waterproofing company. This request to partially vacate an easement is not expected to result in
any change of use.
e) Nature of request and reasons to approve request:
There are two drainage and utility easements on the Property. The are listed as item numbers 10
and 11 on the attached survey. (Exhibit A). The easement at item number 11 is currently in use
for storm sewer purposes. The easement at item number 10 is not currently being used for any
purpose.
There is a pending sale of the Property, and the buyer has objected to the easement at item
number 10. The buyer's concern is understandable because the easement runs directly
underneath a structure on the Property. (See Exhibit A).
Because the easement at item number 10 appears to not be in use, there should be no reason for
the City of Otsego to object to its vacation. Moreover, the more recent easement at item number
11 appears to have been intended to replace the older easement and fulfills any need for a
drainage and utility easement on the Property. While we initially intended to ask for the entire
easement at item number 10 be vacated, City Staff requested that we limit the vacation request to
leave in place the most southerly 20 feet of the easement. After consulting with the buyer, it was
determined that this compromise was acceptable to all parties. As a result the request is limited
to vacating a portion of the easement as more fully detailed in the attached Exhibit B.
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CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2021-19
APPROVING VACATION OF EXISTING DRAINAGE AND
UTILITY EASEMENTS WITHIN PID 118-802-022105
WHEREAS, the property owner has initiated vacation of existing drainage and utility easements
described by Exhibit A within PID 118-802-022105 located at 5861 Queens Avenue NE; and
WHEREAS, the City Engineer has reviewed the request and determined that the existing drainage and
utility easements described by Exhibit A are unnecessary for public purposes; and
WHEREAS, the City Council held a public hearing at their regular meeting on 8 March 2021 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 existing drainage and utility easements described by Exhibit A serves no useful public
purpose; and
WHEREAS, the City Council having considered all information received related to the proposed vacation
finds that vacating the existing drainage and utility easements described by Exhibit A would be in the
public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA:
1. That the existing drainage and utility easements located in the City of Otsego, Wright County,
State of Minnesota described by Exhibit A is hereby vacated.
The City Council hereby determines that the vacation of said existing right-of-way and drainage
and utility easements shall cause no damage to any abutting or nearby property owners and
therefore no damages are awarded to any such property owners.
ADOPTED by the Otsego City Council this 8th day of March, 2021.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Audra Etzel, City Clerk
EXHIBIT A
EASEMENT VACATION DESCRIPTION
To vacate the drainage easement as recorded in Document Number 430657, except the South
20 feet thereof measured at right angles to the South line of the North 874 feet of the East Half
of the Northwest Quarter of Section 2, Township 120, Range 23, Wright County, Minnesota.
Said easement being described as follows:
An easement for drainage purposes across that part of the South 317.00 feet of the North
874.00 feet, of the East Half of the Northwest Quarter, Section 2, Township 120, Range 23,
Wright County, Minnesota which lies East of the Easterly right-of-way line of Trunk Highway No.
101.
Said easement is a strip of land 40.00 feet in width, the Easterly line of which is described as
follows: Commencing at the Northeast corner of said East Half; thence on an assumed bearing
of South 00°09'12" East, along the East line of said East Half, a distance of 342.46 feet to the
point of beginning of the line to be described; thence South 22°40'50" West, a distance of
191.33 feet; thence South 2941'39" West a distance of 102.83 feet; thence South 2315'30"
West a distance of 94.07 feet; thence South 544'33" West a distance of 41.48 feet; thence
South 17°35'16" West a distance of 150.55 feet; thence South 2750'42" West a distance of
97.19 feet; thence South 1414'06" West a distance of 121.87 feet: thence South 658'22" West
a distance of 30.00 feet more or less to Easterly right of way of Trunk Highway No. 101 and
there terminating. Said strip of land is to extend by its full width from the North line of said
South 317.00 feet of the North 874.00 feet to the South line of said North 874.00 feet.
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