DATE: May 16, Honorable Mayor City Council Members. Laura Holey, Planner

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1 DATE: May 16, 2015 TO: FROM: Honorable Mayor City Council Members Laura Holey, Planner AGENDA ITEM: 11 C. Vacation of Easement 821 Corporate Drive REQUIRED ACTION: The City Council is asked to conduct a public hearing regarding the vacation of the North.00 feet of Lot 1, Block 1, TIMBERLINE BUSINESS PARK THIRD ADDTION and the South.00 feet of Lot 2, Block 1, TIMBERLINE BUSINESS PARK THIRD ADDITION BACKGROUND: SM Hentges LLC is proposing to combine Lots 1 and 2, Block 1 of Timberline Business Park Third Addition. As a part of this development, they are requesting the vacation of the utility easement which runs along the perimeter of the two lots, where they will be combined. Enclosed please find an application for the vacation, along with supporting documents. Notice of the public hearing was published twice in the Jordan Independent, mailed to property owners within 350 feet of the request and sent to utility companies. Minnesota Statutes , Subd 7. Vacation. reads, "The governing body of a municipality may vacate any publicly owned utility easement or boulevard reserve or any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways under a home rule charter or other provisions of law." Minnesota Statue , Vacation of Streets, allows the City to by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing. The notice must contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, and date of the hearing After a resolution of vacation is adopted, the clerk shall prepare a notice of completion of the proceedings which shall contain the name of the city, an identification of the

2 vacation, a statement of the time of completion thereof, and a description of the real estate and lands affected thereby. The notice shall be presented to the county auditor who shall enter the same in the transfer records and note upon the instrument, over official signature, the words "entered in the transfer record." The notice shall then be recorded with the county recorder. Any failure to file the notice shall not invalidate any vacation proceedings. The vacation of the easements should be contingent upon the Council s approval of the Resolution Combining Lots 1 & 2, approving the CUP for Outdoor Storage in the I-2 and approval of a Site Plan Review. The easement vacation should also be contingent on the transfer of title from Hartman Brothers to SM Hentges. FISCAL IMPACT: No immediate direct costs RECOMMENDATION: Staff recommends the City Council conduct a public hearing and take action regarding the vacation of the easement. Staff recommends the vacation of the easement be contingent upon the following: - This vacation of the easement shall not be in effect until a transfer of title of Lots 1 & 2 Block 1, Timberline Business Park Third Addition from the current owner to SM Hentges. - This approval shall be contingent on the approvals of the combination of Lots 1 & 2, Block 1, Timberline Business Park Third Addition, the approval of the Conditional Use Permit Approval for outdoor storage and the Site Plan Review. ACTION: The City Council is asked to conduct a Public Hearing and take action on act on Resolution Vacating the easement between Lots 1 and 2, Block 1 of Timberline Business Park Third Addition as described below: The North.00 feet of Lot 1, Block 1, TIMBERLINE BUSINESS PARK THIRD ADDTION, according to the recorded plat thereof, Scott County, Minnesota, EXCEPT the West.00 feet thereof and except the East.00 feet thereof. The South.00 feet of Lot 2, Block 1, TIMBERLINE BUSINESS PARK THIRD ADDTION, according to the recorded plat thereof, Scott County, Minnesota, EXCEPT the West.00 feet thereof and except the East.00 feet thereof. CITY COUNCIL ACTION: Motion: Second: Approved: Disapproved: Tabled:

3 NOTICE OF PUBLIC HEARING FOR EASEMENT VACATION TO WHOM IT MAY CONCERN: The Jordan City Council of the City of Jordan, Minnesota, will hold a public hearing on May 16, 2016 at 6:30 p.m. or soon thereafter in the Council Chambers of the Jordan Government Center at 2 E. 1 st Street, Jordan, Minnesota. The location could possibly change to the new council chambers 116 East First Street, Jordan, Minnesota for this Public Hearing. Please watch for a posting for possible location changes. The City Council will accept input on the vacation of 20 foot wide drainage and public utility easement located between Lots 1 and 2, Block 1, Timberline Business Park Third Addition (821 Corporate Drive). This drainage and utility easement is located perpendicular to Corporate Drive and is legally described as: The North.00 feet of Lot 1, Block 1, Timberline Business Park Third Additon, according to the recorded plat thereof, Scott County, Minnesota, EXCEPT the West.00 feet thereof and except the East.00 feet thereof; and The South.00 feet of Lot 2, Block 1, Timberline Business Park Third Addition, according to the recorded plat thereof, Scott County, Minnesota, EXCEPT the West.00 feet thereof and except the East.00 feet thereof. The purpose of this hearing is to provide an opportunity for all interested parties to be heard regarding this application. Oral and written comments will be considered. A copy of the application and map is available for public review at the offices of the City of Jordan, 2 E. 1 st Street, Jordan, Minnesota (55352). For the City Council, Tom Nikunen City Administrator Publish on: April 28, 2016 and May 5, 2016

4 RESOLUTION RESOLUTION APPROVING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS BETWEEN LOTS 1 & 2, BLOCK 1, TIMERLINE BUSINESS PARK THIRD ADDITION WHEREAS, The City has received a request from SM Hentges, LLC. (the Applicant ) to consider vacating the drainage and utility easements located between Lots and 2, Block 1, Timberline Business Park Third Addition; and WHEREAS, The City Council held a public hearing on May 12, 2016 for the purpose of considering public comment on the proposed vacation, following published and mailed notice; and WHEREAS, The applicant proposes to combine Lots 1 and 2, Block 1, Timberline Business Park Third Addition; and WHEREAS, The proposed vacation of the easement currently located between Lots 1 and 2, Block 1, Timberline Business Park Third Addition does not appear to pose a problem for future development at this time; and WHEREAS, The vacation of the stated portion of the drainage and utility easement will accommodate expansion plans for SM Hentges, LLC increasing the tax base and employment opportunities; and WHEREAS, Following the public hearing, the City Council has determined it is in the public interest to vacate the drainage and utility easement as requested. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Jordan that the request to vacate the following drainage and utility easements: The North.00 feet of Lot 1, Block 1, TIMBERLINE BUSINESS PARK THIRD ADDTION, according to the recorded plat thereof, Scott County, Minnesota, EXCEPT the West.00 feet thereof and except the East.00 feet thereof. The South.00 feet of Lot 2, Block 1, TIMBERLINE BUSINESS PARK THIRD ADDTION, according to the recorded plat thereof, Scott County, Minnesota, EXCEPT the West.00 feet thereof and except the East.00 feet thereof. according to the recorded plat thereof, Scott County, Minnesota, in the City of Jordan, Scott County, Minnesota, is hereby approved contingent upon: - The transfer of title of Lots 1 & 2 Block 1, Timberline Business Park Third Addition from the current owner to SM Hentges, LLC. - Combination of Lots 1 & 2, Block 1, Timberline Business Park Third Addition. - The approval of the Conditional Use Permit Approval for outdoor storage and the Site Plan Review.

5 Adopted by the City Council of Jordan this th day of May Administrator Mayor

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10 18" RCP 8" PVC 8" DIP EX. TRAIL EXISTING GAR FLOOR BUILDING EX. FENCE EX. TRAIL 20 FT BUILDING SETBACK 15 FT BUILDING SETBACK DENOTES DIRECTION OF SURFACE DRAINAGE DENOTES IRON MONUMENT FOUND DENOTES EXISTING ELECTRIC BOX DENOTES EXISTING COMMUNICATION BOX LOT 2 BLOCK 1 151,815 SF 3.49 AC PID NO FT BUILDING SETBACK 6" PVC 6" DIP Δ EX. TRAIL SET IP 18" RCP 8" PVC 18" RCP 12" DIP LP DENOTES EXISTING LIGHT POLE DENOTES EXISTING STORM MANHOLE DENOTES EXISTING CATCH BASIN DENOTES EXISTING HYDRANT DENOTES EXISTING SANITARY MANHOLE DENOTES EXISTING TREELINE DENOTES EXISTING FENCE 0 DENOTES EXISTING INDEX CONTOUR 98 DENOTES EXISTING INTERMEDIATE CONTOUR DENOTES UNDERGROUND COMMUNICATION LINE DENOTES UNDERGROUND GAS LINE DENOTES UNDERGROUND ELECTRIC LINE FT BUILDING SETBACK EASEMENT TO BE VACATED LOT 1 BLOCK 1 191,949 SF 4.41 AC PID NO FT BUILDING SETBACK 18" RCP I: " PVC 6" DIP LP EX. SIDEWALK CORPORATE DRIVE 12" DIP Parcel ID No EXISTING PARCEL DESCRIPTIONS Lot 1, Block 1, TIMBERLINE BUSINESS PARK THIRD ADDTION, according to the recorded plat thereof, Scott County, Minnesota. Parcel ID No Lot 2, Block 1, TIMBERLINE BUSINESS PARK THIRD ADDTION, according to the recorded plat thereof, Scott County, Minnesota. PROPOSED PARCEL COMBINATION DESCRIPTION Lots 1 and 2, Block 1, TIMBERLINE BUSINESS PARK THIRD ADDTION, according to the recorded plat thereof, Scott County, Minnesota. Parcel ID No. EASEMENT VACATION DESCRIPTIONS The North.00 feet of Lot 1, Block 1, TIMBERLINE BUSINESS PARK THIRD ADDTION, according to the recorded plat thereof, Scott County, Minnesota, EXCEPT the West.00 feet thereof and except the East.00 feet thereof. The South.00 feet of Lot 2, Block 1, TIMBERLINE BUSINESS PARK THIRD ADDTION, according to the recorded plat thereof, Scott County, Minnesota, EXCEPT the West.00 feet thereof and except the East.00 feet thereof. 8" DIP EX. TRAIL 15 FT BUILDING SETBACK EX. TRAIL 8" PVC ENTERPRISE DRIVE I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. DATE REG. NO. HENTGES & SONS, INC. 650 QUAKER AVE. P.O. BOX 69 JORDAN, MN PRM "=50' EASEMENT VACATION & PARCEL COMBINATION TIMBERLINE BUSINESS PARK THIRD ADDITION LOTS 1-2 BLOCK 1 JORDAN, MINNESOTA 1 1