City Council Agenda Item #13_ Meeting of March 6, 2017

Transcription

1 City Council Agenda Item #13_ Meeting of March 6, 2017 Description Recommendation Resolution vacating a sump easement and drainage and utility easements located at 1555 Linner Road. Hold the public hearing and adopt the resolution approving the vacations Proposal In January 2017, the city council approved the preliminary plat of WOODLANDS AT LINNER. The plat established new easements along all new property lines. The applicant is now requesting the vacation of obsolete public drainage and utility easements and an obsolete sump easement. Currently, drainage and utility easements exist around the perimeter of the previous 1555 Linner Road, prior to its combination with adjacent properties to form its current configuration. For simplicity, the obsolete sump easement and obsolete drainage and utility easements would be vacated, and reestablished by the WOODLANDS AT LINNER plat. Staff Analysis The requested vacation is reasonable as: There are no public utilities within the easement areas that would be vacated. The existing easement areas are obsolete. New easements would be dedicated within the WOODLANDS AT LINNER plat. Staff Recommendation Hold the public hearing and adopt the resolution vacating the easements on the property at 1555 Linner Road with the condition that the plat must be filed to enact the vacation of easements. Submitted through: Perry Vetter, Assistant City Manager Julie Wischnack, AICP, Community Development Director Loren Gordon, AICP, City Planner Originated by: Ashley Cauley, Senior Planner

2 Resolution No Resolution vacating a sump easement and drainage and utility easements at 1555 Linner Road Be it resolved by the City Council of the City of Minnetonka, Minnesota, as follows: Section 1. Background HPH Linner, LLC has petitioned the Minnetonka City Council to vacate a sump easement and drainage and utility easements at 1555 Linner Road The easements are legally described on Exhibit A and depicted on Exhibit B of this resolution City Charter Section a hearing notice on said petition was published in the City of Minnetonka s official newspaper and written notice was mailed at to the owners of each abutting property and to all landowners in the plat On March 6, 2017, the City Council held a hearing on such petition, at which time all persons for and against the granting of said petition were heard. Section 2. Standards Section of the City Charter states that No vacation shall be made unless it appears in the interest of the public to do so... Section 3. Findings The Minnetonka City Council makes the following findings: 1. There are no public utilities located within the easement. 2. There is no anticipated public need for the easement.

3 Resolution No Page 2 3. The vacation is not counter to the public interest. Section 4. Council Action The City Council vacates the above-described easements The vacations are only effective upon filing of the WOODLANDS AT LINNER plat. Adopted by the City Council of the City of Minnetonka, Minnesota, on March 6, Terry Schneider, Mayor Attest: David E. Maeda, City Clerk Action on this resolution: Motion for adoption: Seconded by: Voted in favor of: Voted against: Abstained: Absent: Resolution adopted. I hereby certify that the foregoing is a true and correct copy of a resolution adopted by the City Council of the City of Minnetonka, Minnesota, at a meeting held on March 6, David E. Maeda, City Clerk

4 Resolution No Page 3 Exhibit A All that part of those easements for drainage and utility purposes and all that part of those easements for sump purposes as described in documents numbered , and which lie over the following described parcel: All that part of Lot 9, SUPERIOR BOULEVARD GARDENS, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Beginning at the southeast corner of said Lot 9; thence northerly along the east line of said Lot 9 a distance of feet to the south line of the north feet of said Lot 9; thence South 89 degrees 41 minutes 33 seconds West, assumed bearing, along the south line of the north feet of said Lot 9 a distance of feet; thence South 60 degrees 55 minutes 32 seconds West a distance of feet; thence South 44 degrees 33 minutes 31 seconds West a distance of feet; thence West a distance of feet; thence South 60 degrees 55 minutes 32 seconds West a distance of feet to line A hereinafter described; thence southeasterly along said line A to the south line of said Lot 9; thence easterly along south line to the point of beginning. Said Line A is hereinafter described as follows: Beginning at the intersection of the east line of the west feet of said Lot 9 and the north line of the south feet of said Lot 9; thence easterly along the north line of the south feet of said Lot 9 a distance of feet; thence southeasterly along a tangential curve, concave to the southwest having a radius of feet and a central angle of 45 degrees 48 minutes 47 seconds a distance of feet to the south line of said Lot 9 and said line A there terminating.

5 Exhibit B Easement Vacation Sketch for: Homestead Partners Cad File: EASEMENT VACATION.dwg Folder #: 7949 Drawn by: BJM Sheet 1 of 1