07.a Scandia Plaza Easment Vacation - CC Packet1 | P a g e
Date of Meeting: July 16, 2024
To: Honorable Mayor and Members of the City Council
From: T.J. Hofer, Consultant City Planner
Re: Easement Vacation for PID 14.032.20.43.0008 & 14.032.20.43.0010
Applicant: Jerry Anderson, Jamb
Architects Zoning: V-C
Owner: Howard E & Emily A Stegner
Trust
Future
Land Use: Village Mixed Use
Location:
21190 Ozark Avenue North
14.032.20.43.0008 &
14.032.20.43.0010
Review
Deadline: September 7, 2024
BACKGROUND
Jerry Anderson, on behalf of the property owners of 14.032.20.43.0008 & 14.032.20.43.0010,
has proposed an expansion of the existing structure at 21190 Ozark Avenue North, known as
Scandia Plaza. The applicant is proposing a lot combination to accommodate the expansion of
the existing structure. An easement vacation is required to vacate the drainage and utility
easement on the shared lot line between the two properties.
The City Council approved Resolution 06-18-24-02 at their June meeting to call a public hearing
for the July 16, 2024, meeting.
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EVALUATION OF REQUEST
Staff Analysis
The proposed lot combination will eliminate the existing shared lot line. This combination makes
the existing drainage and utility easement on along the shared lot line no longer required. No
new easement is required.
RECOMMENDATION
Staff recommends the City Council open the public hearing and receive all comments.
Staff recommends the City Council adopt Resolution 07-16-24-02 as presented.
Attachments
A. Resolution 07-16-24-02
B. Application
C. Easement Vacation Exhibit
1
RESOLUTION NO. 07-16-24-02
A RESOLUTION VACATING A DRAINAGE AND UTILITY
EASEMENTS IN THE HAWKINSON BUSINESS PARK PLAT
WHEREAS, the Scandia City Council passed a Resolution 06-18-24-02 ordering the vacation
by a unanimous vote of five out of five votes on the 18th day of June, 2024; and,
WHEREAS, the City Council thereby initiated a vacation process pursuant to Minnesota Statute
§ 412.851, by which the Council will consider whether to vacate a drainage and utility
easements that will no longer be required upon a lot combination to be approved upon vacation
of the easement; and,
WHEREAS, a public hearing to consider the vacation of these drainage easements was held on
the 16th day of July, 2024, before the City Council during their regular meeting at 7:00 p.m., after
due published and posted notice had been given on July 3, 2024, and July 10, 2024, as well as
personal mailed notice to all affected property owners by the City Clerk on the 3rd day of July,
2024, and all interested and affected persons were given an opportunity to voice their concerns
and be heard; and,
WHEREAS, any person, corporation or public body owning or controlling easements
contained upon the property vacated, reserves the right to continue maintaining the same or to
enter upon such way or portion thereof vacated to maintain, repair, replace or otherwise attend
thereto; and,
WHEREAS, the City Council of the City of Scandia, Minnesota has reached the following
findings in this matter:
• The easements will no longer be required upon the proposed lot combination described
in this Resolution for Vacation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCANDIA, MINNESOTA AS FOLLOWS:
1. The City of Scandia grants the vacation of the drainage easements with the Hawkinson
Business Park plat, as filed in the Office of the County Recorder of Washington
County, Minnesota. The easements were dedicated via an plat, and are legally described
as follows:
See Attachment A
BE IT FURTHER RESOLVED, that the Mayor and City Administrator are hereby authorized
to sign all documents necessary to effectuate the intent of this resolution and file notice of the
vacation as required by law.
2
Passed by the City Council of Scandia, Minnesota this 16th day of July, 2024.
Christine Maefsky, Mayor
Attested:
Kyle Morell, City Administrator
3
Attachment A
That part of the drainage and utility easement dedicated over, under and across the west 10 feet of Lot 1,
Block 1, HAWKINSON BUSINESS PARK, Washington County, Minnesota, except the northerly 10 feet
and the southerly 10 feet of said Lot 1.
And
That part of the drainage and utility easement dedicated over, under and across that part of the east 10 feet
of Lot 3, Block 1, HAWKINSON BUSINESS PARK, Washington County, Minnesota, lying northerly of
the westerly extension of the north line of the south 10 feet of Lot 1, Block 1, said HAWKINSON
BUSINESS PARK and lying south of the northerly 10 feet of said Lot 3.