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Home My WebLink About2019-01-22 CC Meeting Packet Enclosure Oak Park Heights Request for Council Action Meeting Date January 22".2019 Time Required: 1 Minutes Agenda Item Title: Approve Resolution Vacating Drainage and Utility Easement located in the Ridgecrest Oak Park Heights Plat. / Agenda Placement Consent A ed.. // Originating Department/Req stor ric $ nson,City Administrator Requester's Signature Action Requested: Approve Rt;solution Vacating Drainage and Utility Easement located in the Ridgecrest Oak Park Heights Plat. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached MEMO and related documents. Page 23 of 194 - r City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights.MN 55082•Phone(651)439-4439•Fax(651)439-0574 ill 8119 _ MEMO �� zr. TO: Mayor and City Cot;rlcil FROM: Eric Johnson,City)Admi ; .1 RE: Vacate Drainage&Utility -eme idgecrest. Recently, the City has worked with the deve.per of the Ridgecrest Development(Panera)to manage and exchange properties that are advantageous to both parties in order to re-develop this area and relocate the frontage roadway. This also included a platting of lands to create new parcels and boundaries and to establish new RIDGECREST OAK PARK HEIGHTS City Drainage and Utility Easements. _ -_ �:K::::: :s. .5 MAP 1 wl,':NES:..", -:,.;R' ,. - These efforts were accomplished in _ _ Rh C 3:47 ' hn2--n.1r l V late 2018 and the site is under -'- construction. One item that was --- --,; -° vp�u 1T� " -='-•x_'_'-' omitted (in error)was the vacation of - _ f '� =t- tea."- I "= Ism I z I a public D&U easement that ran north- __..:A _r:.. �.� . i I south across the property. See MAP \ .I� `"''} w J 740:t„. #1 ' - 1 ft This area is not anticipated to be -..r..-..r.:=� s: 1::::::- 1......� ' necessary by the public and is ;,�_^ %;• -"P_' : 1 •a jI requested to be vacated by the r ; w. t I; 1 d Developer. In order to vacate such 'LOC" ' �,- � easement,the City must hold a public ' ` _ .7 :t : �_----1! hearing on the matter. Enclosed is a ' i sW I '1 copy of the Notice of Public Hearing i == RESOLUTION CITY OF OAK PARK HEIGHTS A RESOLUTION VACATING CERTAIN CITY UTILITY EASEMENT Whereas,the City and the Developer(Ridgecrest Oak Park Heights I LLC),the"Owner"of lands hereby further identified by County Parcel # 0502920210013 and/or 0502920210025 have entered into a Developer's Agreement dated October 4th, 2018 that outlines specific parameters related to the redevelopment of such lands as well as the location and maintenance of both public and private utilities; and, Whereas,the Owner has sought amendments to the site and utility plans to accommodate site alterations and which were duly approved by the City for certain phases of development; and Whereas the Owner has now duly petitioned the City to vacate a drainage and utility easement as described herein and as shown in Exhibit A to this Resolution: Legal Description of Easement to Be Vacated by the City: That part of the drainage and utility easements as dedicated on and lying on the West 5.00 feet of Lot 1, Block 2, WAL-MART ADDITION, according to the recorded plat thereof Washington County, Minnesota, lying south of the North 32.00 feet of said Lot 1 and lying northerly of the following described line: Commencing at the northeast corner of said Lot 1; thence South 01 degrees 11 minutes 01 seconds West, assumed bearing along the east line of said Lot 1, a distance of 337.26 feet to the southerly line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP NUMBER 82-84, according to the recorded plat thereof said Washington County and the point of beginning of the line to be described; thence North 88 degrees 49 minutes 16 seconds West to the west line of said Lot 1 and said line there terminating. Whereas the Planning Commission did hold a public hearing on the proposed vacation on January le, 2019 and found in favor of such vacation. NOW THEREFORE be it resolved that the City Council for the City of Oak Park Heights does approve the following: Approved by the City Council this 22nd day of January, 2019 Mayor Mary McComber Attest: Eric.Johnson, City Administrator Page 25 of 194 Exhibit A to City Resolution .20E srost.00l Woollaird Sr* .I.e. dtl,rt.I ednr Let I,Bra*2 h wa fh.Iof R Blew 7, A144-W.•7 AL07U71 474, I 1 ,. - se./.....,.,s of ior.nole 0 p � tetaVeo DV!of tkolnoge and ull;ty CSS \.ey Aur Ma al-M eos.Inenl to be weoreo 20 X 0 A. 4 el 0 (`\ lo 64 A ‘, h r A1i.`'' ‘ J \ J os 0 \ \ •\ /\ leo Lew fit.*t, a 2 1 044-UM r Mb DC* i 1 0 \ i V- f• Sp.1M.Ir W.el Ifhnw.la t:.bw♦m,,r of POMPO.rVib, / C\ I 1 A< .4 aIlei oror No e2-ea___I\ t N88 4°916'W L_ 1 rest.v.r -' I 1., ' lrxrknel I ' \ I 1 C> I r I i L y -1 tta_. Nim....... ff that part of the drainage and utility easements as dedicated on and lying on the West 6..00 feet of Lot 1, Block 2, WAL—MART ADDITION, according to the recorded plot theroof, Washington County, Minnesota, lying south of the North 32.00 feet of said Lot I and lying northerly of the following described line. Commencing of the northeast corner of said Lot 1; thence South DI degrees TT minutes 01 seconds West, assumed bearing along the east line of said Lot 1. a distance of 33Z26 feet to the southerly line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP NUMBER 82-84, according to the recorded plat thereof, said Washington County and the point of beginning of the line to be described; thence North 88 degrees 49 minutes 16 seconds West to the west line of said Lot 1 and said line there terminating. Daft 08/30/2018 UU i,3019SK O2.dwg • R�idgecrest Oak IIWe stwvod Park Heights I Vacation t COW Record�•t•+>,s brf air �4r MN t Exhibit Page 26 of 194 � Y NOTICE OF PUBLIC HEARING TO CONSIDER VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENT CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA On January 10th, 2019, the Planning Commission will hold public hearing pursuant to Minn. Stat. § 462.358,subd.7 and§412.851 regarding the vacation of a public Drainage and Utility Easement controlled by the City of Oak Park Heights as was conveyed to the City with the associated Plat. The City seeks to determine if the vacation of such easement is in the interest of the public, inasmuch as the Easement is in conflict with the approved Ridgecrest Development,has been replaced by other easements and is located, north of 58th street, west of Norell Ave. and South of STH 36, upon Parcel #s: 0502920210013 and/or 0502920210025 and is further described below. Legal Description of Easement to Be Vacated by the City: That part of the drainage and utility easements as dedicated on and lying on the West 5.00 feet of Lot 1, Block 2. WAL-MART ADDITION, according to the recorded plat thereof, Washington County, Minnesota, lying south of the North 32.00 feet of said Lot 1 and lying northerly of the following described line: Commencing at the northeast corner of said Lot 1; thence South 01 degrees 11 minutes 01 seconds West,assumed bearing along the east line of said Lot I,a distance of 337.26 feet to the southerly line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP NUMBER 82-84, according to the recorded plat thereof, said Washington County and the point of beginning of the line to be described;thence North 88 degrees 49 minutes 16 seconds West to the west line of said Lot 1 and said line there terminating. The public hearing shall be held before the Planning Commission on Thursday, January 10, 2019 at 6:00 o'clock p.m.at the City Hall, 14168 Oak Park Blvd.N.,Oak Park Heights,Minnesota 55082. All written and oral comments will be considered. Review of the findings and recommendation of the Planning Commission is anticipated to be held by the City Council on Tuesday,January 22nd,2019 at 6:00 o'clock p.m.at the City Hall Dated this 19°i Day of December.2018 BY ORDER OF THE CITY COUNCIL: /• Eric Johnson,City Administrator Page 27 of 194 THIS PAGE INTENTIONALLY LEFT BLANK <‘Ci_rc.,_< , i. r.:,,_.? Page 28 of 194