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Item 6A, Resolution Vacating Certain Sewer, Drainage, and Flowage Easements
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Item 6A, Resolution Vacating Certain Sewer, Drainage, and Flowage Easements
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5/8/2008 3:52:14 PM
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5/8/2008 3:50:09 PM
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Vacate Sewer, Drainage, and Flowage
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Agenda Item
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5/12/2008
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<br />The second easement is for drainage and flowage over an existing infiltration area. It was <br />conveyed in 2002. The easement document was not drafted nor signed by the City, and the City <br />Attorney could find no indication as to why the easement was granted, or even that the City was <br />aware that the easement existed. According to the City Engineer, drainage and flowage <br />easements are often requirements of a watershed permit, but the City does not typically require <br />or accept these types of easements. Both the City Attorney and the City Engineer have no <br />objections to the vacation of this easement. <br /> <br />Vacating these three easements is necessary for the approved construction plans, as well as <br />future projects, to be completed. Since the areas to be vacated are located on private property <br />and the City has no interest in either the sewer or drainage and flowage area, Staff does not <br />anticipate any impact to the City by granting this vacation request. The City Engineer, the Public <br />Works Director, and the City Attorney reviewed the proposal and are supportive of the vacation. <br /> <br />An easement vacation requires a public hearing before the City Council. The public hearing was <br />noticed in the Shoreview-Arden Hills Bulletin prior to this evening's rneeting. <br /> <br />Recommendation <br /> <br />Staff recomrnends approving the vacation of the three easements, described in resolution 2008- <br />017 (Attachment B). <br /> <br />Options <br /> <br />1. Approve the proposal as submitted. <br />2. Deny the application with reasons for denial. 1fthe City denies the petitioners request, "...it <br />must state in writing the reasons for the denial at the time it denies the request." <br />3. Table for additional information. <br /> <br />Deadline for Ae:encv Actions <br /> <br />The City of Arden Hills received the completed application for this request on April 4, 2008. <br />Pursuant to Minnesota State Statute 462.358 Subd 3.b, the City must grant final approval within <br />60 days of the completed submittal if the applicant has complied with all conditions and <br />requirements of applicable regulations and all conditions and requirements upon which the <br />preliminary approval was expressly conditioned either through performance or the execution of <br />appropriate agreements assuring performance. The City must make a final decision on the <br />application no later than June 3, 2008. <br /> <br />Attachments <br /> <br />A - Application and Supporting Materials <br />B - Resolution 2008-017 <br /> <br />\\Metro-inet.uslardenhills\Planning\Planning Cases\2008\08-015 NWC Vacation (Pending)\051208 - CC Report -NWC Vacation. doc <br />Page 2 of2 <br />
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