City Council Agenda Item #13_ Meeting of October 10, 2016

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1 City Council Agenda Item #13_ Meeting of October 10, 2016 Brief Description Recommendation Resolution approving vacation of existing drainage and utility easements located at 4301 Highview Place and an adjacent, unaddressed parcel Hold the public hearing and adopt the resolution Introduction On September 26, 2016 the city council reviewed and approved the final plat of HIGHVIEW PLACE. The plat established drainage and utility easements along all new property lines. The applicant is now requesting vacation of obsolete public drainage and utility easements along the perimeter of two original lots that were divided to create HIGHVIEW PLACE. (See attached maps and diagrams.) Staff Comments 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 are dedicated within the HIGHVIEW PLACE plat. Staff Recommendation Hold the public hearing and adopt the resolution vacating the easements on the property at 4301 Highview Place and the adjacent, unaddressed parcel. Submitted through: Geralyn Barone, City Manager Julie Wischnack, AICP, Community Development Director Loren Gordon, AICP, City Planner Originated by: Ashley Cauley, Senior Planner

2 SPRING LAKE RD WY 7 TO EB H WY 7 SB I49 4 FIN GE R HU TA CC ES NB I49 4 SR D PL TO WB H CHRISTY LN LENNELL DR WOODHILL RD QUEENS WAY KINGS DR DR HIGHWAY 7 RD 7 WAY HIGH 4 WINDSOR RD TE R UNT O M D ELLER WOODHILL RD R BAKE Y7 HWA HIG INTERSTATE 49 4 OD GAYWO WILDCREST RD DEERWOOD DR A LE R STONEGATE LN Subject Property INTERSTATE 49 CORONET DR LAKE STREET EXT 94 WOODHILL TER I4 NB TO WY7 PRINCE PL H WB LAKE STREET EXT N MAPLE L RED OAK RDG IDYLWOOD RD SMITH DR OAKWOOD RD HIGHVIE W OAKWOOD RD WOODHIL L RD Spring Lake D Location Map Project: Highview Place Applicant: Rob Eldridge, Crest Lane LLC Address: 4301 Highview Pl Project No d ± This map is for illustrative purposes only.

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4 LEGEND REMOVAL LEGEND Maple Lane Easements to be vacated GOVERNING SPECIFICATIONS: June 11, 2014 to show information from 1978 as built utility plans from Minnetonka. LEGAL DESCRIPTION: Parcel 1: That part of Lot 5, Block 1, Pierce's Addition, lying Southwesterly of a line drawn from a point on the Southerly line of said Lot 5 distant 70.0 feet East of the most Westerly corner thereof to a point on the Northwesterly line of said Lot 5 distant feet Northeasterly of the most Westerly corner thereof and measured along said Northwesterly line. Parcel 2: Tracts B, C and D, Registered Land Survey No. 557, Hennepin County, Minnesota, except that part of said Tract C lying southwesterly of the following described line: Commencing at the northwest corner of said Tract C; thence on an assumed azimuth of 182 degrees 25 minutes 01 seconds along the west line of said Tract C for feet to the point of beginning of the line to be described; thence southeasterly for feet on a non-tangential curve, concave to the southwest, having a radius of feet, a delta angle of 86 degrees 48 minutes 42 seconds and a chord azimuth of 135 degrees 52 minutes 42 seconds to the northerly right of way line of Trunk Highway No. 494 as now located and established and said line there terminating. NOTE: Highview Place Interstate Highway No. 494 N N CAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning State Highway No. 7 EXISTING CONDITIONS/ REMOVAL PLAN /29/2016

5 Resolution No Resolution vacating drainage and utility easements at 4301 Highview Place and an adjacent unaddressed parcel Be it resolved by the City Council of the City of Minnetonka, Minnesota, as follows: Section 1. Background Crest Lane, LLC has petitioned the Minnetonka City Council to vacate existing drainage and utility easements located at 4301 Highview Place and an adjacent unaddressed parcel The easements are legally described: All existing perpetual easements for drainage and utility purposes originally established by easement document , recorded in the files of the County Recorder in and for the County of Hennepin County, State of Minnesota. The easements are depicted on Exhibit A of this resolution As required by City Charter Section 12.06, a hearing notice on said petition was published in the City of Minnetonka s official newspaper and written notice was mailed to the owners of each abutting property and to all landowners in the plat On September 26, 2016, the city council approved the final plat of HIGHVIEW PLACE, a nine-lot subdivision. This plat dedicated drainage and utility easements along the perimeter of all lot lines On October 10, 2016, the city council held a hearing on such petition, at which time all persons for and against the granting of said petition were heard.

6 Resolution No Page 2 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. New easements will be dedicated within the HIGHVIEW PLACE plat. 4. The vacation is not counter to the public interest. Section 4. Council Action The above-described easements are vacated The vacations are only effective upon the filing of the HIGHVIEW PLACE plat. Adopted by the City Council of the City of Minnetonka, Minnesota, on October 10, 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:

7 Resolution No Page 3 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 October 10, David E. Maeda, City Clerk

8 Resolution No Page 4 Exhibit A