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4.1 Barber and Keinlen Drainage and Utility Easements Vacation Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 13 June 2022 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator/Finance Director Flaherty City Engineer Wagner 4.1 – Barber/Keinlen D/U Vacation STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. 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. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends vacating a portion of the existing drainage and utility easement at 14705 78th Street. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No To be held by City Council on 13 June 2022. BACKGROUND/JUSTIFICATION: A 20-foot-wide drainage and utility easement was dedicated at the west line of Lot 13, Block 2, Hidden Valley at the time of final plat approval. This drainage and utility easement is oversized and is 10 feet wider than the typical drainage and utility easement required now by the Subdivision Ordinance. Property owners Cory Barber and Taryn Keinlen are proposing to construct a detached accessory building in the yard within the drainage and utility easement. The City Engineer has reviewed the 20-foot-wide drainage and utility easement and determined that the width may be reduced to 10ft. without impacting area drainage or adjacent properties. SUPPORTING DOCUMENTS ATTACHED: • Site Location Map • Easement Vacation Exhibit • Resolution 2022-55 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Resolution 2022-55 approving vacation of a portion of existing drainage and utility easement dedicated within Lot 13, Block 2, Hidden Valley. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A Site Loca tio n Ma p 230 ft Overvi ew Legend Roads C SAHC L C TYC L MUNIC L PRIVATEC L TWPC L Highw ays Intersta te State Hwy US Hwy City/T ow nship Limits c t Parcels T orr ens 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2022-55 APPROVING VACATION OF A PORTION OF EXISTING DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 13, BLOCK 2, HIDDEN VALLEY WHEREAS, property owners Cory Barber and Taryn Keinlen have initiated vacation of a portion of an existing drainage and utility easements dedicated over Lot 13, Block 2, Hidden Valley as described by Exhibit A; and, WHEREAS, the City Engineer has reviewed the request and determined that the existing drainage and utility easements are unnecessary for public purposes; and, WHEREAS, the City Council held a public hearing at their regular meeting on 13 June 2022 to consider the vacation, preceded by required 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 13 June 2022 prepared by the City Planner, The Planning Company LLC, is incorporated herein; and, WHEREAS, the City Council having considered all information received finds that the existing drainage and utility easements serve no useful public purpose and vacating the existing drainage and utility easements 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 easement described by Exhibit A is hereby vacated. 2. 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. 2 MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 13th day of June, 2022. CITY OF OTSEGO BY:______________________________ Jessica L. Stockamp, Mayor ATTEST:______________________________ Audra Etzel, City Clerk 3 EXHIBIT A EASEMENT DESCRIPTION A permanent easement for drainage and utility purposes over, under and across part of the following described property That part of the Northeast Quarter of the Northwest Quarter of the Northwest Quart of Section 30, Township 121, Range 23, Wright County, Minnesota described as follows: Commencing at the northeast corner of said Northeast Quarter of the Northwest Quarter of the Northwest Corner; thence west along the north line thereof, a distance of 233.05 feet to the actual point of beginning of the tract of land to be described, thence southwesterly deflecting left 80 degrees 48 minutes 00 seconds, a distance of 324.77 feet; thence west parallel with the north line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter, a distance of 104.07 feet, thence south parallel with the east line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter, a distance of 338.71 feet to the south line thereof; thence west along said south line, a distance of 286.76 feet to the southwest corner of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter, thence east along the north line thereof, a distance of 447.47 feet to the point of beginning. Said permanent easement is described as follows. Commencing at the northeast corner of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence North 89 degrees 19 minutes 14 seconds West, assumed bearing along the north line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter a distance of 264.23 feet to the point of beginning of the easement to be described, thence South 00 degrees 40 minutes 46 seconds West a distance of 33.00 feet; thence South 62 degrees 31 minutes 59 seconds West a distance of 35.82 feet; thence North 27 degrees 28 minutes 01 seconds West a distance of 19.00 feet; thence North 27 degrees 28 minutes 01 seconds West a distance of 33.00 feet to the north line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence South 89 degrees 19 minutes 14 seconds East along said north line of a distance of 40.29 feet to the point of beginning.