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Home My WebLink About6A Resolution 2008-052�- ' EN HILLS Request for Council Action Prepared By: Meagan Beekman, City Planner Council Meeting Date: Navember 10, 2D08 Resolution 2008-052: A Resolu#ion Vacating VarioUs Easements and a Public Right of Way Budgeted Amouni: Ac#ual Amount: F'unding Source: �o.00 �o.ao Recommendation: Appro�e Resofution 200$-052 for the Vacation of Various Easements and a Public Right-of-Way as part of the Final Plat for the Traverse Business Center and Rescind Resolution 2008-0'� 6, as proposed in the No�ember 10, 2008, Report to the City Council. Supporting Docurnenfs: 1. Novernber 'Efl, 2Q08, Staff Report to #he City Council 2. Resalution 2008-052 � EN HILLS MEM4RANDUM DATE: November 10, 200$ TO: Mayor & City Council FR.OM: Meagan Beekman, Ci�y Planner SUBJECT: Planning Case #: OS-005 Vacation Request far Various Easements and a Right-of Way CMK Arden Holdings Northwest Corner of In#ersiates 694 and 35W Repuested Action Approve Resolution 2a0$-052 for the Vacation of Various Easements and a Public Right-of-Way as part of the Fina� PIai for the Traverse Business Center and Rescind Resolution 200$-016, as proposed in the November 1Q, 2008, Repart to the City Council. Back�round On October 29, 2007, the City oi Az-den Hills approved a planned unit development (1'UD) permit to CMK Arden Holdings (Chesapeake Compani�s) for the Traverse Business Center to construct up to 500,000 square feet of building space at the property located zn the northeast comer of Tnterstaies 35W and 694. The appraval was subject to ten conditions. Condition number five required the applicant to replat the property prior to the issuance of any building permits. As part of the proposal to repiat the property, the appiicant requested tk�at the City vacate several easements and the r�ghi-of-way far 13th Street NE, which only serves the applicant's property. On July 14, 2008, the City of Arden Hills approved resolutian 2008-016, vacating the requested ease�nents and right-of way. The resolution was then fled with Ramsey County by the applicant. Iri the process of reviewing the vacations in order to assign document numbers to them, the County discovered that the legal descriptions for one af the easements and ihe right-of- way that was vacated also included descriptians of areas farther to the north and not locaied on City of�4rden Hills City Cauncil Meeting far November 10, 2008 4lMetro-inet.uslardenhillslPlanninglPlannang Cases1100$108-005 TraversePreliminttry c4c FinalPlat and Yaeation (�IPPROYED)4111008- CC Report - Traverse Yacation Round 2.doc Page 1 of 2 the Traverse Business Cenier Plat. This discrepancy was brought to the atiention of City Staff and the City Attorney. The legal descriptions for the easerr�ents in this area are complicated and consist of multiple areas throughout the Gateway Business District. Since it was clearly not the intent o� the City to vacate areas not encompassed by #he Traverse Business Center Plat, the City Attorney drafted a new resoluiion that rescinds the previous vacation, Resolufian 2008-016, and corrects the ciescriptions af tl�e areas to be vacated; limiting them only to tYxose areas with the designated plat. In order to accoamplish this, the City Attorney �rorked closely with the Ramsey County Surveyor. An easement vacation requires a public hearing before the City Council. The public heazing was noticed in the Shoreview-Arden Hills Bulletin prior to this evening's meeting. The approval of the vacation request is contingent on the approval of the preliminary and final plat far the Traverse Business Center. Temporary easernents are still required prior ta the execution of the Finai Plat and the Resolution that wi11 grant the City access to on-site utilit�es. New permanent drainage and utility easernents will be dedicated to the City once the locatians of drainage areas and utilities are finalized prior to the issuance of building permits. Recommendation Staff recornmends approving the vacation of the five easements and righ�-of way and rescinding Resolution 2008-01b, described in resoIution 20�8-052 (Atiachment A), subject ta the following condition: 1. The applicant shall grant ternporary drainage and utility easements to �he City, subject io City Engineer approval, p�ior to the execution oithe Final Plat and Resolutio�. Options 1. Approve the propasal as submitted. 2. Approve the proposal vvith canditions. 3. Deny the application with reasons for denial. If the City denies the petitioners request, "...it �nust staie in writing ihe reasons for the denial at the time it denies tk�e requesi." 4. Table for additional information. Attachments A -- Resolution 2008-416 City of �4 rden Hills City Council Meeting for November 10, 2008 l4Me�ro-inet.uslardenhillslPlanninglPlanning Cases12008108-005 Traverse Preldminary & Final Plaa and �acation (APPRQYED) III1tl08 - CC lieport - Traverse Yacation Round 2.doc Page 2 of 2 Attachment Resolution 2ooS-o�2 November 10, 2008, City Council Meeting CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RE,SOLUTTON NO.OS-052 A RESOLUTION VACATING CERTAIN ROADWAY AND UTILITY EASEMENTS WHEREAS, ihe Arden Hills City Cauncil conducied a public hearing on the 10`�' day of November, 2008, prec�ded by mailed and published noiice, as required by Minnesota Statutes 412.851 and 452.358, subd. 7; and WHEREAS, the purpose af the public hearing was to consider the vacation of the public's interest in: (1} AlI those parts of the following easernents which lie southerly and southwesterly of �he northerly and northeasterly right-of-r�vay Iine of the Minnesota Transfer Railway Co. as said right-of-way line is shown on the plat oi the Nartheasi Corner Addition, Ramsey County, Minnesota: {a) Those certain road and utility easernents described in document numbers 1585079; 1719279; 2358342; and 2479184, Rarnsey County Records; {b} Those certain road and utility easernez�ts described in that portion of Documeni No.: �$32660 Ramsey County Records, relating to Parcel Na. 22; (2) All of Third Avenue NE and 13th Street NE as dedicaied in the plat of Northeast Corner Addition, Rarnsey County, Minnesota. {3} That part of a 6Q foot permanent road easernent over �hat part oi the Southwest Quarter of Seciion 21, Township 30, Range 23, Rarnsey County, Minnesota, Iying within the Minnesota Transfer Railway Co. right-of-way. The cenierline of which is described as comr�encing at a point on the northerly line of said Minnesota Transfer Raiiway Co. right-af way distani 35 feet westerly of the souiheast corner of Lot 8, Block 1, Butcher's Allatgnent Na. 1, according to the recorded plat theareaf, Ramsey County, Minnesota; thence northerly and�arallel r�vith the easterly line of said Lot 8 to the sautherly line of 14` Street N.E. and the point of begiruxing of the centerline to be described; thence souiherly on aforesaid line to a point 230 feet south of ihe southerly line of said Rai�way and said centerline theare terminating. {4} All that part of that certain Utility Easement described in Dacument No. 2479184, Ramsey County Records. Located within Lot 1, Biock 3, Nartheasi Corner Addition, Ramsey County, Minnesota. WHEREAS, all of the above-referenced easements and dedications are h�r�inafter coll�ctively referred to as tk�e "Easements"; and WHEREAS, the Axden Hills City Council has determined that it is in the public's int�rest to vacate the Easements. NOW, THEREFORE, BE IT RE�OLVED, �liat the Arden Hills City Council hereby vacates the public's interest in the Easements and directs the City A�ninistrator to file a c�rtified copy of this Resolution wiih the Ramsey County, Minnesota Recorder; and be it further resolved that Arden Hills Resolution #08-016 is hereby rescinded. CITY OF ARDEN HILLS Dated: : Stanley D. Harpsted Its; Mayor ATTESTED BY: Ronaid J. Moorse City Administrator F:lusersl3essicaVerrylArden I�iI1slResolution Re roadways.v5.doc