HomeMy WebLinkAbout03-12-07 Item 6A, Resolution 07-35 Partial Vacation of Utilitiy Easement for Lift #12
~
~HILLS
Request for Council Action
Prepared By: James Lehnhoff
Dept.: ___~~!!lJ!!l:I_!!!.~"_!;!~Y ...".".P.~.~.!:!~
Council Mtg. Date: 3- 2-07
Final Action Needed By:
Agenda Item:
6.A
"'"..-.."..."."...... . ..BudgetecLA-moun"E"............" """ '" """-----
Actual Amount:
Funding Source:
~$j4fu~lW~~~Qt't;BfiQij~Yil';!21~"I?lL________ ......................."."."_...__"_.____________. ..............................__.__ ..________________.._ ..__........... .....__.....___..__..________,____.._. ................... _______
iConsider Approving Resolution 07-35 for the Partial Vacation of the Utility Easement for Arden Hills Lift Station #12 at 3685 New Brighton]
IRoad as proposed in Planning Case 07-001.
Planning:
PTRC:
~~J!~Eg:@.rffgii\WeIlITlj[~2ill-t~![~~jilii~
i X : Memo/Letter:
March 12,2007, Memo to the City Council
07-35
!.............!..."..............---...-----...---------.-.--...
i X iResolution No.:
iOrdinance No.:
!Engineering Recommendation:
iAttorney Recommendation:
'X IOther:
6A-1. Survey-and the relatedFfnal"Plat
6A-2. City Engineer's Review Memo
6A-3. Resolution 07-35
None.
, None.
~
~HILLS
MEMORANDUM
DATE:
March 12, 2007
CC Agenda Item 6.A
TO: Mayor & City Council
FROM: James Lehnhoff, City Plannerrf){
SUBJECT: PC #07-001
Easement Vacation
Amities Coast, Inc (Phil Littlefield)
3685 New Brighton Road
Request
Resolution 07 - 35: Approving a Partial Vacation of the Utility Easement for Arden Hills Lift
Station #12 at 3685 New Brighton Road as Proposed in Planning Case 07-001.
Back2round
On July 31,2006, the City Council approved a preliminary plat to reconfigure 3685 New
Brighton Road (1.87 acres) and 3695 New Brighton Road (.99 acres) into four new lots,
Condition one of the preliminary plat approval required a partial vacation of the City's utility
easement on proposed Lot 3, which is located on 3685 New Brighton Road property. The area to
be vacated would be used for a driveway to access a future dwelling on Lot 3.
The easement is approximately 8600 square feet, and lift station #12 is located on the easement.
The portion of the easement that would be vacated is located in the northeastern comer and is
approximately 2000 square feet. The City Engineer reviewed the proposal during the
preliminary plat review and determined that the portion of the easement that would be vacated is
excess land and vacating it would not impact the function or maintenance ofthe lift station.
An easement vacation requires a public hearing before the City Council. The public hearing was
properly noticed in the Shoreview-Arden Hills Bulletin prior to the public hearing.
The Final Plat of Burroughs Lane in Planning Case 06-038 is contingent upon approval ofthis
partial easement vacation.
\\Metro-inet.uslardenhil/slPlanningIP/anning Cases\2007\07-001 Amities Vacation (PENDING)\031207 - CC Report -Easement Vacation.doc
Page 1 of2
Recommendation
Since vacating the specified portion of the easement will have no impact on the City's use of the
easement, staff recommends approving a partial vacation of the utility easement for Arden Hills
Lift Station #12 at 3685 New Brighton Road as proposed in Planning Case 07-001.
Ootions
L Approve the proposal as submitted.
2. Deny the application with reasons for denial. If the City denies the petitioners request, "... it
must state in writing the reasons for the denial at the time it denies the request."
3. Table for additional information.
Deadline for Al!encv Actions
The City of Arden Hills received the completed application for this request on January 9, 2007.
Pursuant to Minnesota State Statue 462.358 Subd 3.b, the City must grant final approval within
60 days ofthe completed submittal if the applicant has complied with all conditions and
requirements of applicable regulations and all conditions and requirements upon which the
preliminary approval was expressly conditioned either through performance or the execution of
appropriate agreements assuring performance.
While the deadline for agency action was March 10,2007, the applicant agreed to extend the
review date so that the City could hold the public hearing regarding the partial vacation of the
utility easement on proposed Lot 3, which will satisfy condition one of the preliminary plat
approval.
Attachments
6A-I Survey of the Easement and the Final Plat
6A-2 City Engineer's Review Memo
6A-3 Resolution 07-35
\\Metro~inet.us\ardenhil1s\Planning\P/anning Cases\2007\07~OOl Amities Vacation (PENDING)\031207 - CC Report - Easement Vacation.doc
Page 2 of2
Attachment 6A-1
Survey of the Easement, and
the related Final Plat
March 12,2007, City COlU1cil Meeting
Descriptions Sketch for:
AMITIES CONSTRUCTION. INC.
PROPOSED PARTIAL VACATION OF SEWER EASEMENT:
That part of the following described easement (Doc. No. 579400):
Commencing at a point on the north line of Lot 18, ROHLEDER'S HOME AND GARDEN
ACRES, Ramsey County, Minnesota. 202.00 feet west of the northeast corner thereof;
thence south along a line hereinafter referred to os line "A" parallel to the east line of
soid Lot 18 and its extension to a point on the southeasterly line of soid Lot 18, sold
point being the point of beginning of the eosement to be described; thence northeasterly
along sold southeasterly line 120.00 feet; thence north and parallel with sold extended
east line of Lot lB. 60.00 feet; thence west and parallel to said north line of said Lot 18
to line "A"; thence southerly along nne "A" to the point of beginning.
Which lies northeasterly of a line drown from 0 point of the north line of sold easement
distant 68.31 feet west of the northeast corner of sold easement to a point on the
southeasterly line of sold easement distant 8.84 feet southwesterly of the southeast
comer of said easement and said line there terminating.
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Attachment 6A - 2
City Engineer's Review Memo
March 12,2007, City Council Meeting
.
.
~
EN HILLS
MEMORANDUM
DATE:
July 3, 2006
TO:
Jamcs Lchnhoff, City Planner
Kristine Giga, Civil Engineer ~
Planning Case #06--013: Preliminary Plat (Revised)
,FROM:
SUBJECT:
The following are comments based upon a review of the revised plans dated 6/19/06:
General
. The developer will be required to obtain necessary permits, including, hut not limited to, NPDES,
Rice Creek Watershed District, and Ramsey County.
t:I The existing utility easement over the lift station is large and in excess of what is needed for normal
V maintenance of the lift station. The lift station is scheduled for reconstruction in the future, however,
the area requested to be vacated will not be needcd as permanent easement, Both the Civil Engineer
and Operations & Maintenance Supervisor support the easement vacation, subject to a temporary
easement as needed during the lift station reconstruction. Please provide an exhibit of the easement to
be vacated for City approvaL
Sheet I
· Label on-site benchmark on the title sheet (as on Sheet 3).
Shect 2
. Label on-site benchmark on the plan sheet (as on Sheet 3).
. Add street names to the plan sheet.
. Shift the water service closer to the driveway. The water service must be located outside of the
remaining existing easement.
. Shift the sanitary sewcr service to conncct into the existing 8" sewer main. The existing sanitary
sewer main is depicted incorrectly on the plan set. See the attached as-built infonnation and plan
sheet with proposed improvements to thc lift station; adjust design accordingly.
. Provide service invert elevations at the wye.
. Add a notc stating that thc strect patch on New Brighton Road shan be reconstructed per Ramsey
County requirements.
Sheet 3
. Adjust the proposed contours on the north side of the retaining wall on Lot 1 to be no steeper than a
3:1 slope.
. Silt fence must be added along the construction limits by the lift station.
Sheet 4
. Identify location of gravel construction cntrance 011 plan sheet.
\\;\1clro-inct.us\ardcnhills\PR&PW\Enginccring\2006\PI.anning Cascs\06~O 13_ Thorn_Drive _2nd _review.doc
March 12,2007, City Council Meeting
Attachment 6A-3
Resolution 07-35
~
~HlLLS
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 07-35
RESOLUTION APPROVING THE PARTIAL VACATION OF THE
UTILITY EASEMENT FOR ARDEN HILLS LIFT STATION #12 AT
3685 NEW BRIGHTON ROAD.
WHEREAS, on January 9, 2007, Phil Littlefield, the representative for Tim & Amy
Horita of 3685 & 3695 New Brighton Road, petitioned the City of Arden Hills to vacate a
portion of the utility easement at 3685 New Brighton Road on Lot 18 in the ROHLEDER'S
HOME & GARDEN ACRES Plat is located within the City of Arden Hills; and
WHEREAS, on the 12th day of March, 2007, a Public Hearing preceded by published,
posted, and mailed notice as required by Minn. Stat. 9412.851 was conducted before the Arden
Hills City Council; and
WHEREAS, the utility easement is approximately 8600 square feet and the portion to be
vacated is approximately 2000 square feet as shown in Exhibit A.
WHEREAS, vacating the 2000 square foot section of the easement will not impact the
function or use of the remaining section of the utility easement and lift statiDn #12.
WHEREAS, the 2000 square foot section located in the northeastern comer of the
easement has been declared excess by the City.
WHEREAS, at the conclusion of the Public Hearing, the Arden Hills Council
determined that vacating a portion of the utility easement was in the public's interest.
NOW, THEREFORE, BE IT RESOLVED that the Arden Hills Council hereby vacates
the City's interest in that part of the following described easement (Doc. No. 579400):
Commencing at a point on the north line of Lot 18, ROHLEDERS' HOME AND
GARDEN ACRES, Ramsey County, Minnesota, 202.00 feet west of the northeast comer
thereof; thence SDUth along a line hereinafter referred to as line "A" parallel to the east
line of said Lot 18 and its extension to a point on the southeasterly line of said Lot 18,
said point being the point of beginning of the easement to be described; thence
northeasterly along said southeasterly line 120.00 feet; thence north and parallel with said
extended east line of Lot 18, 60.00 feet; thence west and parallel to said north line of said
Lot 18 to line "A"; thence southerly along line "A" to the point of beginning.
Which lies northeasterly of a line drawn from a point of the north line of said easement
distance 68.31 feet west of the northeast comer of said easement to a point on the
southeasterly line of said easement distance 8.84 feet southwesterly of the southeast
comer of said easement and said line there terminating.
ADOPTED by the Arden Hills City Council this 12th day of March, 2007.
Stanley Harpstead, Mayor
ATTEST:
Michelle Wolfe, City Administrator