CCP 11-29-1993 - Laserfiche WebLink

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CITY OF ARDEN HILIS . ~ TO: Dorothy Person, city 1\dministxator city council FRGI:: Brian Fritsinger, C'nmlImi ty Planning coordinatoi@ m\i'E: November 10, 1993 SUBJECT: Case #93-25 James Hanten, 3945 Rolling Hills Road Vacation Easement REQUEST 'Ihe request is to vacate a twenty foot wide "utility easement" identified on attachment A, Shorewood Hills No.6 plat. Bl\CKGROOND 'Ihe sul:x:li vision was platted in 1957. In 1990, a minor subdivision was applied for and granted, Case #90-06. In reviewin:j this case, there is no evidence of an utility easement being present on the site. 'Ihe applicant, during the closing pr=ess, on his new harne, dis=vered a plat . from 1957 which reflected the utility easement running north and south across the new lot. Further investigation by the City staff and attorney found no re=rd of this easement other than on attachment "A". 'Ihe easement is shown to run a=oss each lot west of Rolling Hills Road. At the time the lot was split, the setback requirements of the City caused the harne to be placed at the current site location. 'Ihe easement discovered actually is shown running through the center of the applicants heme. FINDnG3 1. 'Ihere is no apparent need for a 20 foot wide utility easement in this area. 2. No recording d=ument for the easement can be found with Ramsey County. 3. As no recording c1=uroents can be located, a detennination of whom the easement was granted to is i.1npossible. 4. Northern states Power, US West and the School Oistrict have been , contacted and can find no record of an easement being located in this -- area. Upon a site visit, represeptatives from NSP also stated that they could see no reason to hold an easement in this area. 5. 'Ihe easement, on lot 7, runs right through the middle of the applicant I s house. No public purpose would be benefitted by refusing to vacate the easement on this lot. 6. As the easement runs the full len::jth of Rolling Hills Road, it also affects other property owners. In some cases, it appears to =, if not through, adjacent to many of the homes. .