Loading...
ITEM 4.1 Resolution 14-25P Ot�e,ffo MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Public Works City Engineer Wagner April 28, 2014 PRESENTER(s): REVIEWED BY: ITEM #: City Engineer Wagner City Administrator Johnson 4.1 AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends approval of Resolution 2014-25 allowing the partial vacation of unneeded portions of drainage and utility easement. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Yes BACKGROUND/JUSTIFICATION: Duke Realty Corporation platted Gateway North 2nd Addition with the inclusion of several easements as part of an overall master plan several years ago. Duke Realty has since secured a tentative for a building which is under construction. The building required modifications of the Dukes master plan and thus reconfiguring existing and proposed storm water ponds. The reconfiguration of these storm water ponds negates the need for portions of a couple of drainage and utility easements as shown on Exhibit A. Duke Realty has subsequently entered into a developer's agreement with the City of Otsego in which they will be platting Gateway North 3rd Addition. Gateway North 3rd Addition will convey to the City of Otsego any new needed easements for the reconfigured storm water ponds and for municipal utilities. Therefore we find that the portions of the drainage and utility easements proposed to be vacated no longer serve a public purpose and be allowed to be vacated. SUPPORTING DOCUMENTS: X ATTACHED NONE • Resolution 2014-25 & Exhibit A MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve Resolution 2014-25 allowing the partial vacation of unneeded portions of drainage and utility easement within Gateway North 2nd Addition Outlot A as shown in Exhibit A. BUDGET INFORMATION FUNDING: BUDGETED: YES Not Applicable NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2014- 25 RESOLUTION APPROVING PARTIAL VACATION OF EXISTING DRAINAGE AND UTILITY EASEMENTS, CITY OF OTSEGO, COUNTY OF WRIGHT- OUTLOT A, GATEWAY NORTH 2"D ADDITION WHEREAS, the City of Otsego has received a request to vacate the below described existing drainage and utility easement from the affected property owner Duke Realty Corporation; and WHEREAS, the Otsego City Council, on its own motion, ordered a public hearing on the proposed vacation; and WHEREAS, those portions of the established drainage and utility easements to be vacated are described as follows: See Exhibit A. WHEREAS, the City Council has determined that vacating said portion of the above described easements would be in the public interest; and WHEREAS, the City of Otsego having considered testimony related to the proposed vacation of that portion of the easements so described; and WHEREAS, the City Council ordered a public hearing and meeting to act upon said proposed vacation at 7:00 p.m. on the 28th day of April, 2014, at the Otsego Council Chambers at Prairie Center; and WHEREAS, all legal requirements regarding giving notice have been satisfied; and WHEREAS, the City Council did meet on the 28th day of April , 2014, at the Otsego Council Chambers at Prairie Center and heard all parties interested therein, and; WHEREAS, it now appears to the Otsego City Council that such portion of said drainage and utility easement is not necessary; 1 NOW, THEREFORE, the City Council of the City of Otsego, Wright County, Minnesota, hereby orders: 1. That the portion of the drainage and utility easements and conservation easements located in the City of Otsego, Wright County, Minnesota, described as follows: See Exhibit A are hereby vacated. 2. The City Council hereby determines that vacation of said portion of 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 City Council this 28th day of April, 2014. Motioned By: Seconded By: All in Favor: Those Opposed: Tami Loff, Clerk Jessica Stockamp, Mayor 2 JJEMX3 NOJIVOVA J NSWSSVS AJJ'IIJJ1 (INV 3OVNIV2HI ,� #vtosaNt�it�'oo�sJ.o Eo � ;� t 3 t lfi �: 3®,, i-li�lm-dalmso sssmisng HILHOM AV '4.Lh'J s v A NORTH 0 100 NORTHEASTERLY NORTH LINE OF OUTLOT A CORNER OF OUTLOT A' SCALE IN FEET / 107.4 / S89 45'44 "W sop kti'/ I♦ A T r� 1 A/ A �/ / \ 1 r♦ 'T 1 1 r 1%1 1 1 tf 1 N�1 1\ ♦/ I\ 1 1 1 3 g^� 0 U T L 0 T A I L ♦I ♦I 1 It L/ "W 513.08 55 A r\ r\ 1 'T 1 /♦ \ 1 /� 1 11 11 1 11 11\1 L/ L/ 1 1 1 X - DRAINAGE & UTILITY EASEMENT TO BE VACATED 14800 2M Ara fl, Ste 140 - - -. / - Ifs/PlymoiN4 Mlnneso� 55447 \� 1�C7631476.2 telephone V ,a Iul C/631476.953B532 kcslm6e x .mfraxom erg wiN,,im p plmning cmimmmW DUKE GATEWAY NORTH 6 OTSEGO, MN EASEMENT VACATION Designed: Exhibit Number Drawn: JCB / Approved: MFH Issued: 2/18/2014 Rev.: Date: Project No. DUK19906 NORTH o soo NORTHEASTERLY CORNER OF OUTLOT A- \ SCALE IN FEET V; -Ar O �V W GATEWAY � W a � 3> NORTH n $W �W a N89%f9211W 701.89 ------------------------ 0 --------------- O U T L 0 T A SECOND Mo 1 g ADDITION �I I/XX'j DRAINAGE & UTILITY EASEMENT TO BE VACATED Ll _ 1480028th Aga 11, Ste 140 -Iti- RynM6lh, MlnnasaTd 55447 V631476 W2 tfaWmne kcsimea r .�G ra...Mftexom engneaing mrrcy�g Dire emvonmental DUKE GATEWAY NORTH 6 OTSEGO, MN EASEMENT VACATION Designed: Exhibit Number �/� Project No. DUK19906 Drawn: JCB Approved: MFHf1Gi1"760532 Issued: z/>.s/zo>.n Rev.: Date: