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07.a Smith Vacation - CC Packet1 | P a g e Date of Meeting: April 18, 2023 To: Mayor and City Council From: T.J. Hofer, City Planner Re: Easement Vacation for PID 3403220310031 & 3403220310032 Applicant: Marschall Smith Zoning: Rural Residential - General (RR-G) Owner: Debra Mitts Smith Living Trust Future Land Use: General Rural Location: PID 3403220310031 & 3403220310032 Review Deadline: May 20, 2023 BACKGROUND The Debra Mitts Smith Living Trust own both the parcels with PID 3403220310031 (Parcel A) & 3403220310032 (Parcel B). The trustees of the trust are Debra Smith and Marschall I. Smith. The applicant is requesting approval for an easement vacation for the property with PID 3403220310031. The vacation will remove a drainage and utility easement that will no longer be needed after a proposed lot line adjustment. The City Council approved Resolution 03-21-23-01 at their March meeting to call a public hearing for the April 18, 2023 meeting. 2 | P a g e EVALUATION OF REQUEST Staff Analysis The proposed lot line adjustment will create a new lot line. This adjustment makes the existing drainage and utility easement on Parcel A no longer required. New drainage and utility easements will be dedicated with the lot line adjustment for the new shared lot lines between Parcel A and Parcel B. RECOMMENDATION Staff recommends the City Council open the public hearing and receive all comments. Staff recommends the City Council adopt Resolution 04-18-23-02 as presented. Attachments A. Resolution 04-18-23-02 B. Application C. Certificate of Survey 1 RESOLUTION NO. 04-18-23-02 A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENTS IN THE RAVENSFIELD SOUTH ADDITION WHEREAS, the Scandia City Council passed a Resolution 2023-03-21-01 ordering the vacation by a unanimous vote of five out of five votes on the 21st day of March, 2023; 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 line adjustment 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 18th day of April, 2023, before the City Council during their regular meeting at 7:00 p.m., after due published and posted notice had been given on March 29, 2023, and April 5, 2023, as well as personal mailed notice to all affected property owners by the City Clerk on the 5th day of April, 2023, 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 line adjustment described in this Resolution for Vacation. • A new drainage and utility easements will be dedicated with the proposed lot line adjustment which will accurately reflect the new lot line placement, therefore rendering the drainage easements described for vacation in this resolution obsolete and no longer serving the public interest. 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 created in Document No. 4265406, as filed in the Office of the County Recorder of Washington County, Minnesota. The easements were dedicated via an easement agreement, and are legally described as follows: See Attachment A 2. Nothing in this vacation resolution affects or modifies the drainage easements established in the Ravensfield South plat, which was approved by the City Council on April 21, 2020, and subsequently filed in the Officer of the County Recorder of Washington 2 County, Minnesota. 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. Passed by the City Council of Scandia, Minnesota this 18th day of April, 2023. Christine Maefsky, Mayor Attested: Kyle Morell, City Administrator 3 Attachment A Commencing at the northeast corner of Lot 1, Block 1, RAVENSFIELD SOUTH, Washington County, Minnesota; thence South 00 degrees 11 minutes 46 seconds West, along the east line of said Lot 1, a distance of 10.00 feet to the point of beginning of the easement to be vacated; thence North 89 degrees 48 minutes 14 seconds West a distance of 10.00 feet to an existing drainage and utility easement boundary corner; thence South 00 degrees 11 minutes 46 seconds West, along an existing drainage and utility easement boundary, a distance of 188.81 feet to an existing drainage and utility easement boundary corner; thence South 65 degrees 03 minutes 33 seconds West, along an existing drainage and utility easement boundary, a distance of 261.46 feet to an existing drainage and utility easement boundary corner; thence South 89 degrees 48 minutes 15 seconds East, parallel with and 10.00 feet northerly of the south line of said Lot 1, Block 1, a distance of 23.54 feet to its intersection with a southeasterly line of said Lot 1, Block 1; thence North 65 degrees 03 minutes 33 seconds East, along said southeasterly line, a distance of 246.50 feet to a corner of said Lot 1, Block 1; thence North 00 degrees 11 minutes 46 seconds East, along said east line of Lot 1, Block 1, a distance of 194.47 feet to the point of beginning 13781 185th St N. (phone call with applicant on 2/20/23