ITEM 4.1 Kennedy Vacation0
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MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Public Works
City Engineer Wagner
July 13, 2015
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Engineer Wagner
City Administrator Johnson
4.1— Kennedy Vacation
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of vacating a portion of the drainage and utility easement within Lot 11,
Block 2 of Martin Farms.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No. I Yes.
BACKGROUND/JUSTIFICATION:
The property owner of Lot 11, Block 2 of Martin Farms Addition, Ms. Tessa Kennedy, has applied for
vacation of a portion of the drainage and utility easement within her property. The intent of the
vacation is to increase the area within the lot not encumbered by drainage and utility easement along
the rear of her home so a deck may be installed. The developer, at the time of the platting of Martin
Farms, dedicated easement so rear yard drainage from three lots could reach a nearby wetland.
The applicant has had the property surveyed and the existing elevations show drainage is currently not
directed across the portion of the easement proposed to be vacated and there are no utilities within the
portion of the easement proposed to be vacated. No grading change is necessary and no change in
conveyance of stormwater will change from existing conditions. The remaining easement of five feet
along the rear property line will match the minimum easement required around the perimeter of
platted property by the Subdivision Ordinance. The nearby wetlands' 100 year flood elevation will still
be maintained within easement remaining on the property. We did receive one call from a neighbor
with questions regarding the easement vacation and seemed to be satisfied that the vacation of the
easement would not burden their property.
SUPPORTING DOCUMENTS:
• Application and exhibits
• Resolution 2015-35
XATTACHED NONE
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to adopt Resolution 2015-35 vacating a portion of the drainage and utility easement within Lot
11 Block 2, Martin Farms.
BUDGET INFORMATION
FUNDING:
Paid by Applicant
ACTION TAKEN
BUDGETED: X YES
NO
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
Date Filled:
-' Date Complete:
Received By:
Base Fee: OO Escrow: t,
DEVELOPMENT APPLICATION
Instructions: Please read carefully and answer all questions thoroughly as only complete applications will
be accepted after validation by the Zoning Administrator together with required processing fees and
escrows.
Property Information
Property Identification Number (PID#): 11 �-- i,/'I' Coz-110
Street Address: I (fy 7t rezf— tj=' OMI rn wy- 510eo l
Legal Description (Attach if necessary):
Applicant Informatio n.-��
Name: I eS� Business Name:
Address: ilqq /
City: &K-01 0 State: Vfil Zip Code:
Telephone: Fax: � Fax: e-mail: � Sf�jo2,tP)dyt/Wi.tl'e�D
Property Owner Information (If other than applicant):
Name:
Address:
City:
Telephone: F
Request
Comprehensive Plan Amendment
Ordinance Amendment (text or map)
Conditional or Interim Use Permit
Administrative Permit
Variance / Appeal
PUD (concept plan / development plan)
Business Name:
State:
Zip Code:
e-mail:
Site and Building Plan Review
Sketch or Concept Plan Review
Preliminary Plat
Final Plat
Minor Subdivision r
Other: _V/6/ IlAehg -b'n
Page 1 of 2
Description of Request (attach additional sheets as necessary)
Existing Use of Property: — t k iit
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Nature of Proposed Use: ."VO OW vitnc' m aw-hpv ` (
� R' ,cam iD6 ► t ( Aq 16-f- 11
Reason(s) to Approve Request:
.� i. eJ- aS,"olf- / e- ( vwj�Vt� -h 4 tAi 90 P►20-5:3
Please describe any previous applications pertaining to the subject site:
Project Name:
Nature of Request :
Date of Application:
U
APPLICATION FEES AND EXPENSES: The undersigned agree that all fees and expenses incurred by the City for
the processing of this application, including costs for professional services, are the responsibility of the applicant
and property owner to be paid immediately upon receipt or the City may approve a special assessment for which
the property owner specifically agrees to be to be assessed for 100 percent per annum and waives any and all
appeals under Minnesota Statutes 429.81. All fees and expenses are due whether the application is approved or
denied.
Appl
Property
Date: & -I f l
Date: & o/ —I r
I, the undersigned, hereby apply for the considerations described above and declare that the information
and materials submitted in support of this application are in compliance with adopted City policy and
ordinance requirements and are complete to the best of my knowledge.
I understand that this application will be processed in accordance with established City review procedures
and Minnesota Statues 15.99 at such time as it is determined to be complete. Pursuant to Minnesota
Statutes 15.99, the City will notify the applicant within fifteen (15) days from the filing date of any incomplete
or other information necessary to complete the application. Failure on my part to supply all necessary
information as requested by the City may be cause for denying this application.
Applicant: Date:
60
Property Owner: Date:
Page 2 of 2
Tessa Kennedy
From: Tessa Kennedy_
Sent: Monday, June 01, 2015 10:43 AM
To: Tessa Kennedy
Subject: Fwd: 11950 75th Street NE, Otsego
Attachments: Scanned Document from JRH Xerox Device.pdf
Forwarded message
From: Marcus Hampton
Date: Monday, June 1, 2015
Subject: RE: 11950 75th Street NE, Otsego
To: Ron Wagner
Cc: Tessa Kennedy Patrick Miller
Ron, please see the attached. On sheet 2, you'll notice that a majority of the drainage is occurring over the
adjacent Lot 9. As a result, we are proposing to vacate all but 5 feet of the existing drainage & utility easement
(sheet 1). Please let us know if this is acceptable, or if you have any comments. Thanks.
Marcus Hampton, LS, CFedS
James R. Hill, Inc.
612.214.1055
From: Ron Wagner _
Sent: Wednesday, May 20, 2015 8:07 AM
To: 'Marcus Hampton'
Subject: RE: 11950 75th Street NE, Otsego
Marcus
The only other thing I would need is proof it is not needed. This can be done with some elevation shots
showing the water doesn't need to flow over the vacated portions to get to the pond or by showing how the
ground will be revised to ensure it does not flow over the vacated portions.
, Thanks
Ron
</mail/u/0/s/?view=att&th=14dafc9a6393 a6ff&attid=0.0.1 &disp=emb&zw&atsh=l>
Ronald J. Wagner, Otsego City Engineer
3601 Thurston Avenue
Anoka, MN 55303
Phone: 763-427-5860
Direct: 763-852-0478
Cell: 612-919-9657
From: Marcus Hampton _
Sent: Tuesday, May 19, 2015 4:08 PM
To: Ron Wagner
Subject: 11950 75th Street NE, Otsego
Ron, I spoke with Tessa Kennedy, owner of this property. She stated that she spoke to you about vacating 7
feet of the drainage & utility easement behind her house. I plan to prepare the easement vacation exhibit and
description for her, but thought I would check with you to see if there is anything else the City will require.
Please let me know, thanks.
Marcus Hampton, LS, CFedS
James R. Hill, Inc.
612.214.1055
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RESOLUTION NO.: 2015 - 35
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION APPROVING VACATION OF A PORTION OF THE DRAINAGE AND
UTILITY EASEMENTS WITHIN LOT 11, BLOCK 2 MARTIN FARMS.
WHEREAS, the City of Otsego approved a final plat of Martin Farms including
land legally described as Lot 11, Block 2 Martin Farms, City of Otsego, Wright County,
State of Minnesota; and,
WHEREAS, the Martin Farms final plat included dedication to the City of
drainage and utility easements within Lot 11, Block 2 Martin Farms shown by Exhibit A;
and,
WHEREAS, the property owner of Lot 11, Block 2 Martin Farms has submitted
application for vacation of a portion of the existing drainage and utility easements within
the lot as shown by Exhibit B; and,
WHEREAS, the City Council held a public hearing at their regular meeting on 13
July 2015 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 City Engineer has determined that the portion of the drainage
and utility easements proposed to be vacated as shown on Exhibit B 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 shown on Exhibit B 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 within Lot 11, Block 2, Martin
Farms, City of Otsego, Wright County, State of Minnesota described by Exhibit B
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.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 13t" day of July,
2015.
ATTEST:
Tami Loff, City Clerk
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
N