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REQUEST FOR COUNCIL ACTION DATE: 10/12/98 ITEM NO: C-3 Agenda Section: CONSENT The Starlite Limited Partnership request for release of a ponding and utility easement at 2704 Snelling Service Drive East (PF#3071). 1.0 REQUESTED ACTION 1.1 The Starlite Limited Partnership is requesting the release of an easement granted for ponding and underground utility mains, pipes, and appurtenances under and across a portion of Lot 2, Block 2, Venture Addition (2704 Snelling Service Drive East). The Starlite Limited Partnership will grant easements for ponding and storm sewer to the City as replacement easements. 2.0 BACKGROUND 2.1 The Starlite Limited Partnership is the owner of Lot 2, Block 2, Venture Addition. This property has been leased by Landry's Seafood Restaurants, Inc., and is being developed as a Joe's Crab Shack. 2.2 A ponding and utility easement (Easement No.1) was granted to the City of Roseville by Fine Associates, Inc. in July 1979 (recorded in September 1979 as Document No. 2054645). As other parcels in this area were developed, stormwater was diverted to this undeveloped parcel. Now that this parcel is being developed, the actual location of the ponding easement needs to be changed in order to accommodate the location of the restaurant and parking areas. 2.3 Since this is a utility easement granted to the City by separate document rather than through dedication on a plat, it can be released by the City. No hearings or notification of adjacent property owners is required. 3.0 STAFF COMMENT Staff has made the following findings: 1. The building being constructed at 2704 Snelling Service Drive East encroaches into the ponding and utility easement granted by Document No. 2054645. 2. Releasing this ponding and utility easement will not have an adverse impact on the general public health, safety and welfare, provided replacement easements are granted to the City. PF3071 - RCA (10/12/98) - Page 1 of 2