HomeMy WebLinkAboutItem 6A, Resolution Vacating Certain Sewer, Drainage, and Flowage Easements
~
~HILLS
Request for Council Action
Prepared By: Meagan Beekman
Council Meeting Date: May 12, 2008
Resolution 2008-017: A Resolution Vacating Certain Sewer, Drainage, and
Flowage Easements
Budgeted Amount:
$0.00
Actual Amount:
$0.00
Funding Source:
Source
Recommendation:
Motion to Approve Resoiution 2008-017 for the vacation of three sewer, drainage, and flowage
easements on the Northwestern College property as proposed In the April 28, 2008, Report to the City
Council.
Supporting Documents:
1. Application and supporting Documents
2. Resolution 2008-017
~
~~HILLS
MEMORANDUM
DATE: May 12, 2008
TO: Mayor & City Council
FROM: Meagan Beekman, Planner I
SUBJECT: PC #08-015
Three Easement Vacations
Northwestern College
3003 Snelling Avenue
Request
Consider approving Resolution 2008-017 for the vacation of three sewer, drainage, and flowage
easements on the Northwestern College property as proposed in the April 28, 2008, Report to the
City Council.
Backl!round
On March 31, 2008, the City Council unanimously approved Planning Case 08-006 for a Site
Plan Review for Northwestern College to construct a surface parking lot and 1,600 feet of
roadway as part of their Master PUD. In preparing for the construction phase of that project it
was discovered that there is a perpetual drainage and flowage easement over an existing
infiltration area, as well as a sanitary sewer easement over a private sanitary sewer pipe used
exclusively by Northwestern College. Both easements are located in the construction area for
the current project and the College is requesting that the City vacate the easements. The
applicant has submitted copies of the original easements and accurate legal descriptions, In
addition to a site plan indicating the approximate locations of the easements (Attachment A).
The first easement was for the sanitary sewer line and was conveyed in 1961 originally and then
reconveyed in 1970, thus it shows up on County records as two separate easements, even though
they encompass the same sewer line. The easement documentation identifies Arden Hills as the
owner of the easement and the responsible party for construction, maintenance, operation, and
repair of the underground main. According to the Public Works Director and the City Engineer,
the City does not own or maintain this sewer main, it is privately owned and maintained by the
College, and therefore it is not necessary to retain the easement.
\lMetro-inet.uslardenhillsIPJanning\Planning Cases\2008\08-015 NWC Vacation (Pending)\051208 - CC Report -NWC Vacation.doc
Page 1 of2
The second easement is for drainage and flowage over an existing infiltration area. It was
conveyed in 2002. The easement document was not drafted nor signed by the City, and the City
Attorney could find no indication as to why the easement was granted, or even that the City was
aware that the easement existed. According to the City Engineer, drainage and flowage
easements are often requirements of a watershed permit, but the City does not typically require
or accept these types of easements. Both the City Attorney and the City Engineer have no
objections to the vacation of this easement.
Vacating these three easements is necessary for the approved construction plans, as well as
future projects, to be completed. Since the areas to be vacated are located on private property
and the City has no interest in either the sewer or drainage and flowage area, Staff does not
anticipate any impact to the City by granting this vacation request. The City Engineer, the Public
Works Director, and the City Attorney reviewed the proposal and are supportive of the vacation.
An easement vacation requires a public hearing before the City Council. The public hearing was
noticed in the Shoreview-Arden Hills Bulletin prior to this evening's rneeting.
Recommendation
Staff recomrnends approving the vacation of the three easements, described in resolution 2008-
017 (Attachment B).
Options
1. Approve the proposal as submitted.
2. Deny the application with reasons for denial. 1fthe 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 Ae:encv Actions
The City of Arden Hills received the completed application for this request on April 4, 2008.
Pursuant to Minnesota State Statute 462.358 Subd 3.b, the City must grant final approval within
60 days of the 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. The City must make a final decision on the
application no later than June 3, 2008.
Attachments
A - Application and Supporting Materials
B - Resolution 2008-017
\\Metro-inet.uslardenhills\Planning\Planning Cases\2008\08-015 NWC Vacation (Pending)\051208 - CC Report -NWC Vacation. doc
Page 2 of2
Attachment A
Application and Supporting
Documents
May 12, 2008, City Council Meeting
~
~HILLS
1245 West Highway 96
Arden Hills, Minnesota 55112
Telephone (651) 792-7800
Fax (651) 634-5137
www.cLardel1-hills.mn.us
Planning Case No.
Submittal Date
Application Completed Date
Accepted by
Receipt Number
Council Decision
Council Decision Date
2008 LAND USE APPLICATION
Applicant Information
~pJi~.~nt:~ml':LQtlh.kl.e.g_t..<;:_r"n._CQlle~g.e..._LR.a.di..o_A.t..tn,-. .BJ:.i.anJlumphr.i.$s
...i\d.(j.r!'~~~__~~Qg,L~I1...e 1)J_!l9~A'y~..!_,lL_L9...t._,_J)gg1., MN,u.?_;;1L3_=12.9J.L.___
No.: 651 286 7620 other:
ies@nwc.edu
Property Information
"r:',rofl!'11L~wner:J':l 0 r tl1:v'_e s.t_",EI1._.c:g)1~9g_~ gg.9J_Q, J';1tD_LJlLi.iHL!:!JJmph.Li.e_s_ ...
.~er Address.: . ...:3Q.Q3_.9_l1gU_tl1gmI\.Ye-'--.l'L'Ls_t._1',a.u.1.,_MN ...5511.3= L5.98.
. <:l'Nl1erIelephon"No;. ~5 .1.::.2_?6::7??Q ..... .. Other_ .____ ______ ...
_.!'.d_dre..s~_c>fErc>p~r!y,.I.f1v.c>Iv.~d:.,.~g.Q~......~.I1!",.l,.l,!.119 ,...I\"vm~,_.!'l,'_Ls.t..,_._J:'_agJ.,..._MN...,,:;;,.:;;_Ll3.=J..5.98
See attached.
IDNo.: 33.30.23.44.
_..."?on~__,~U12.___m,_...~__m_______m__m_____._~c>P!'_rt.ti\c.r"..al)."...:J.t7_..I\..cXg,,_._______mm___
Type of Request"
o Apportionment of Assessments ($30)
o Comprehensive Plan Amendment ($450)
o Conditional Use Permit or Amendment ($350)
o Final Plat ($200+$25 per lot)
o Master Planned Unit Development ($600+escrow)
o Final Planned Unit Development ($200)
o Planned Unit Development Amendment ($350)
o Zoning Code Amendment ($450)
o Land Use Requests - Not Already Specified ($150)
o Appeal of Administrative Decision ($75)
o Minor Subdivision (lot split/consolidation) ($325+escrow)
o Preliminary Plat ($400 + $25 per lot + escrow)
o Variance (Zoning Code) ($325)
o Site Plan Review ($400)
Revised: 12-12-07
Page 1 on
o Rezoning ($450)
o Site Plan Review (Sign or Fence) ($250)
IX) Vacation of Easement or Right-of-Way ($300)
"Certain applications are subject to review
and approval by the Rice Creek Watershed
District. Contact RCWD directly at 763-
398-3070 for additional information.
"The land use application fees do not cover
building, sign, or other permit fees that may
be required upon approval of a land use
application.
"All applications may be subject to
additional fees for reimbursement of
consultant costs associated with filing,
reviewing, and processing of application in
the form of an escrow to the City.
Brief Description of Request release also include a tveed. detaiied letter exelainina the eroiect):
The college is requestinq the vacation of two existinq easements:
a perpetual drainage and flowage easement over an existing
infiltration area; a sanitary sewer easement over a private
(college owned) sanitary sewer pipe.
Both easements will no longer be valid due to building and road
modifications. City staff not recommending new easements over
private utility and storm conveyance systems.
Filing & Information Requirements
The City requests that you make a pre-application meeting with the City Planner to discuss the
application process, requirements, and deadlines. Unless waived by the City Planner or Planning
Commission, a certified survey of the property is required for all applications. The Planning Commission
and/or City Councii may still require a certified survey. A checklist for other required information is also
available.
Completellncomplete Applications
An incomplete application will delay the processing of land use requests. The application approval time
commences and an application is considered officially filed when the City Planner has received and
examined the application and determined that the application is complete. A decision on whether the
application is complete or incomplete shall be made within fifteen (15) working days following the
submittal of the application. When the application is deemed to be "complete" it shall be placed on the
agenda of the first possible Planning Commission meeting provided that ';1 required public notices have
been sent and published.
Payment of Fees
The undersigned acknowledges that she/he understands that before a land use application can be
deemed complete, all required information and fees (including all deposits) must be 'paid to the City. If
additional fees are required to cover costs incurred by the City, the City Planner has the right to require
additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such
expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to
consultants and other professionals, and the cost of printing, mailing, and supplies. The City may
withhold final action on a land use appiication, withhold building permits, and/or rescind prior action until
all miscellaneous fees have been paid. Applicants are advised that an escrow deposit is required at the
time of the submittal of the land use application to offset costs associated with the proposed project.
Unused portions of an escrow are returned to the applicant upon successful implementation of an
approved plan.
Notice of Meetina Attendance
In order for the Planning Commission and the City Council to consider any application, the applicant or a
designated representatil.e must be present at the scheduied meeting. If not, the matter may be tabled
until the next available agenda.
Revised: 12-12-07
Page 2 of3
Aaenda Deadline and Meetina Schedule
The deadline for submittal of land use applications is required according to the schedule outlined below.
There are no exceptions. Planning Commission meetings are typically held on the first Wednesday of
each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council
meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the
Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112,
unless otherwise stated. Applicants are advised that additional meetings and/or workshops are
scheduled when necessary upon approval of the Planning Commission.
2008 SCHEDULE ('subject to change)
TENTATIVE
PLANNING
COMMISSION
MEETING'
(Generally held on the
first Wednesda at 6:30
TENTATIVE
CITY COUNCIL
MEETING
DATE*
(Generally held on the
last Monda at 7:00 .m.
Acknowledaement and Sianature
I acknowledge that I have read all of the information listed in the City of Arden Hills Land Use Application
@ah~~ ~UIlY uni~~rsta~nd that I am responsible for all costs incurred by the City related to the processing of
~.; '-)-3 - 0%
roperty Owner ~ig ature ( quired) Date
Applicant Signature (If different than the property owner)
Date
Please contact the City Planners Office at (651) 792-7800
if you have any questions regarding this application.
Additional copies of this application form are available on the City's website:
httD://www.ci.arden-hills.mn.us
Revised: 12-12-07
Page 3 of3
DESCRIPTION OF PROPERTY SURVEYED
The Northeast Quarter of the Northeast Quarter of Section 4, Township 29, Range 23;
AND
A portion of Government Lot 6, Section 33, Township 30, Range 23;
AND
Lot 15, Block 1, SHOREWOOD, according to the recorded plat thereof;
All in Ramsey County, Minnesota.
Government Lot Six (6), of Section Thirty-three (33), Township Thirty (30) North, Range
Twenty-three (23) West, except that portion described as follows: Beginning at the Southwest
comer of Lot Sixteen (16), Block Eight (8), Arden Hills No.3; thence Northwesterly in a straight
line, said line passing through a point on the Meander Line of Lake Johanna, twenty-five (25)
feet Northwesterly frorn Meander Comer No. 15, according to the United States Government
Survey of said Section Thirty-three (33), and continuing Northwesterly to the shore of Lake
Johanna; thence Southeasterly along the shore of said Lake to the West line of said Lot Sixteen
(16); thence South on the West line of said Lot Sixteen (16) to the place of beginning, Ramsey
County, Minnesota.
Abstract Property
,
,
-
,.
;;'~';'?{t
;:,::::/;~ii~,:~~till8-~~:':'-': .
~.
;;:'-,.:,;:i-:-' '-';"7;~ (_:-":l~:;;;:-t-)-::,:-
~~~-., ~~~~-_d__..'___
\'~~
~~/,~
fj-~
t(J
~j X
C?J~\
"'1: J~''''
""
DOC~ 3524111
Cartifivd fiec-m"rl!:ci 8n
~U6. 0B,~00~ ~T 09,00~
01\
5i~n'" ];'1,1
DFFlCS CO.fiECORllEll
AAiiSE'i WtIffi ~
Fte P3tri.:nt: $22.00-
111!llllIlll m II! III ~ I !illllllll
}:ASEMENT
Por and incom,ideratiofi of the. sum {)f One Dollar ($! J1O) and other valuable considerations, NQrtln)'f,..\ltclil CoHegcl
un(;erthe taws of Minnesot4\t grantor, ooes hereby grant, ntwgain and seU, release :md convey to the't::ity -of Arden HiUsj
a body corporate, grantee, and to its SUCC(;sS-Ors and asslgj\S. a perpetual drainage unci flowage cusemcnt over~ on and upon
:lUG atfOSS tbe land hereinafter described, all of said land lying and being in Ramsey County, ~1innesota. Said land being
describ....:d as follow;:;:
Beginning ut a point 490,50 fe'~t NO 1" O(}) 21" W of the SE Corner OfSL'{;th:m 33, Township 30 North, Range
23 \Vest, Ramsey Coumy, MinncSO!h, along the east lint ofSc<:tion 33. ::.nd then 87.83 teet NO 90~ 00' 00" W:
there beginning llw 81't\1 to be descrilJed:ls tbHows: SQ.27 feet Nt) 3W' J4' 02" W; thence 66,05 fed NO 52Q 6'
Y.)", E; thcn-::;:e IOJ.35 fl,~et $0 !" 09' 17" \'AI to the puint or beginning (lftht: MC<l lo he d~$(:rihed,
This e,.lselnenl \.viH be ur::limi!eu jn dmntion,. \v!lJtOllt being rc-reconkd, No One other than Northwestern College
possesses any righl,tit\1; N intert:s:t in the property above {kscribed.
l~ \V1TN.ESS \V~-lER.!:;OF. the :l?i:Y? ~?rpor~ltioll~~[js caused this instilJmcr~o be executed in its corporate name by it:)
,," 're,,",,'" '"''"~, ". U"" ,~~'" 0'"",",, _~~T' L ....___. 20J&..
ort!lwe,lem Colge
f... ~r!L~
DO! as It SChr~~r'2::
VI' IlsioessiFinallce. eFO
STATE OF MINNESOTA
COUNTY OF RAMSEY
11,lis instrnmcntwas acknowkdged t:cf0re me no ~. ?d~~3-hy j)P~1-.::;:c-itC/J~J ~~ as lJ f E;L1P,~rJt~~ftZ.
oiNorthw('stcrn (\}Uege. on b!"~haH ofthat corpo'nl~ii~(l.
.141;- d~-;--t-~~~!Xl~-
(!:>lgnnturc of nOtary, comnUSS-IOl'S explrauon dale)
This document was drafted by;
""'. \..........;;:""lv 't'~':t """"~.-~ ~;.''''J"'",,,.....-
~..ct:t;.L11'>~ f::f.,G:,:.,';::ct; ',r.~~H1.fCI
~~_.._-_.~, ~
!)Jf-j[;CYDF;, f~~Opr;?YY':)~~,em01\j
'l"i~:r" ~35'11"J, t~""B"n"
~,C;;~0~~.-
NDrthwestern CoJJege
. 3003 Snelling Avenue North
Sf. Paul, MN 55113
RUTH L. BALL
NolaryPubllc
Minnesota
M'f\%mmif5klnfiJR1~.l3n :l1,~(lD5
Jof I
~"----._.,-
-'^---_._--""--<~~-- ..--.
-"1
!
"-- / \
ASBURY AVE X
~
"-..pROPERTY LINE
SANITARY
EASEMENT
,
'.
"
o
""
EASEMENT - VACATION EXHIBIT
-=^A
~.
1
dlf'#
-~ (
~
Bonestroo
,
'.
"
o
o '"
eo
Scale In feIIl
ARDEN HillS, MINNESOTA
PROJECTS NAME
1491 071 02_ESMT.OWG OATE:5/06/08
COMM: 149107102
May 12, 2008, City Council Meeting
Attachment B
Resolution 2008-017
CITY OF A.RDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2008-017
A RESOLUTION VACATING CERTAIN SEWER,
DRAINAGE AND FLOWAGE EASEMENTS
WHEREAS, the Arden Hills City Council conducted a public hearing on the 12th
day of May, 2008 preceded by mailed and published notice as required by Minnesota
Statutes 412.851; and
WHEREAS, the purpose of the public hearing was to consider the vacation of the
public's interest in:
a. That certain perpetual easement for underground sewer mains, pipes
and appurtenances filed ofrecord as Document No.1532829 in Book 1728
Ramsey County Records page 719; and
b. That certain perpetual easement for underground sewer mains, pipes
and appurtenances recorded as Document No. 1795246 in Book 2275
Ramsey County Records page 576; and
c. That certain perpetual drainage and flowage easement recorded as
Document No. 3424111 Ramsey County Records.
WHEREAS, all of the above-referenced easements and dedications are herein
collectively referred to as the "easements;" and
WHEREAS, the Arden Hills City Council has determined that it is in the public's
interest to vacate the easements.
NOW, THEREFORE, BE IT RESOLVED, that the Arden Hills City Council
hereby vacates the public's interest in the easements and directs the City Administrator to
file a certified copy of this Resolution with the Ramsey County, Minnesota Recorder.
DATED this
day of
,2008.
CITY OF ARDEN HILLS
By:
Stanley D. Harpstead
Its: Mayor
Subscribed and sworn to before me
this _ day of , 2008
Notary Public
ATTESTED BY:
James Willis
Its: Interim City Administrator
Subscribed and sworn to before me
this day of , 2008
Notary Public
F:\users\Jessica\Jerry\Arden Hills\Resolution Vacating drainage Easements.doc