4.b) Vacation of Drainage and Utility Easement, Lot 1, Block 1, the Sanctuary Meeting Date: 11/3/2009
Agenda Item: �, ��
City Council Agenda Report
City of Scandia
14727 209th St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Hold a public hearing on the request of Brad and Sonia Borg to vacate
a drainage and utility easement on Lot 1, Block 1, The Sanctuary
(19609 Oxboro Circle North.)
Deadline/Timeline: Minn. Stat. Section 412.851 requires two weeks notice of the public
hearing; notice has been given.
Background: • State statutes allow statutory cities to vacate streets, alleys and
other public ways and grounds, including easements that are no
longer needed by the city. The process may be initiated by the
city, or by a petition of a majority of land owners abutting the area
to be vacated.
• Brad and Sonia Borg own a vacant lot in The Sanctuary located at
the southeast corner of Oxboro Avenue and Oxboro Circle. A
building permit for a new home was recently issued.
• The plat includes a utility easement for a storm water detention
pond that was included in the preliminary drainage plan for the
subdivision. The drainage plan was changed so that the pond was
not needed,but the easement was not removed from the plat and
was recorded.
• The Borgs have requested that the easement be vacated. The
Council, at its October 6 meeting, agreed to schedule the public
hearing.
• A review of the easement by the City Engineer confirmed that the
pond has been moved and the easement is no longer needed for
that purpose.
• Notice was published and posted, and all utility companies,
governmental agencies and other property owners in the Sanctuary
were notified of the hearing. No objections to vacation of the
easement have been received as of the date of this report.
Recommendation: Staff recommends that the Council hold the hearing and, if no reasons
to retain the easement are brought forward, adopt the resolution
' vacating the easement. Staff further recommends that the Borgs be
required to pay all costs associated with the vacation(including
publication and mailing of notices and any recording fees.)
Page 1 of 2
10/27/09
Attachments/ • Draft Resolution No. 11-03-09-02
Materials provided: . Letter from Brad and Sonia Borg
• Surveyor's Sketch
Contact(s): Brad & Sonia Borg, 651 482-9968
Prepared by: Anne Hurlburt, Administrator
(easement vacation hearing Sanctuary Borg)
Page 2 of 2
10/27/09
CITY OF SCANDIA
RESOLUTION NO. 11-03-09-02
RESOLUTION VACATING A DRAINAGE AND
UTILITY EASEMENT ON LOT 1, BLOCK 1, THE SANCTUARY
WHEREAS, the City Council of the City of Scandia, Minnesota has determined that it
should vacate a drainage and utility easement described as follows:
The East 57 feet of the West 77 feet of the South 116 feet of the North 136 feet of Lot 1,
Block l, THE SANCTUARY, Washington County, Minnesota, as measured at right
angles to the west and north lines of said Lot 1, Block 1; and
WHEREAS, a public hearing was held on the 3'� day of November, 2009, before the
City Council in the Scandia Community Center after due published and posted notice had been
given by the City Clerk/Administrator and all persons interested were given an opportunity to be
heard; and
WHEREAS, it appears that it will be for the best interests of the City of Scandia to
vacate said drainage and utility easement; and
WHEREAS, all of the members of the City Council concur in this Resolution.
NOW, TI3EREFORE, BE IT RESOLVED by the City Council of the City of Scandia,
Washington County, Minnesota that the following described utility and drainage easement is
hereby vacated:
The East 57 feet of the West 77 feet of the South 116 feet of the North 136 feet of Lot 1,
Block 1, THE SANCTUARY, Washington County, Minnesota, as measured at right
angles to the west and north lines of said Lot 1, Block 1.
Adopted by the Scandia City Council this 3'�day of November, 2009.
Dennis D. Seefeldt, Mayor
ATTEST:
City Clerk/Administrator
EASEMENT VACA TION SKETCH
FOR.• Brad & Sonia Borg
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DfNOTES EXISANG EASEMENT AREA TO B£ VACA lED
PROP�O.SED DESCRIPTION OF
EASEMENT AREA TO BE VACATED AND�RS ON PAs s�
The Eosf 57 feet o/ the West 77 feet o/ the
South 116 feet ot the North 136 feet of Lot 1,
B/ock 1, TH£ SANCIUARY, Woshington Counfy, fd A S S � C I A T E .S
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wesf and north lines of soid Lot 1, B/OCk �. MINNEAFOLIS.n�tN cnnsaioGe.MN SS008
HUDSOIy WI (763)6B9-�W2 PH. (763)6B9-6681 FAX
CIVIL ENGINEERS LAND SURVEYORS PLANNERS
Ms. Hurlburt:
In response to your email request,9/14/2009,please allow us to outline our reasons for requesting to
vacate the drainage and utility easement located on our property at Lot 1,Block 1,The Sanctuary,
Scandia,MN.
The drainage and utility easement covers an unnecessarily large portion of our property.
The water impound pond has already been relocated to another parcel within the development.
Therefore,a drainage and utility easement on our property is redundant.
Thank-You in advance for your prompt attention to this matter. Please feel free to contact us with any
questions or for any information.
Brad and Sonia Borg
164 Wendy Ct.
Shoreview,MN 55126
651-482-9968