HomeMy WebLinkAbout[05aii] Coborns - Easement Releasecrrr o~ s~r .tcwa
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
Council Agenda Item 5 a
April 17, 2008
Coborns Realty Company
ii. Easement Vacation
Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted
the public hearing on March 3, 2008 for the Preliminary Plan entitled Coborn's Realty and recommended
contingent approval. The plat requires the release of the current drainage easement for Lots 1 and 2
Block 1 Buettner Business Park.
PREVIOUS COUNCIL ACTION: The City Council conducted the required pubic hearing for the release of
the existing easement on March 20, 2008. Action was tabled on t his matter until the first meeting in
April or when .the plat entitled Coborns Realty is ready for approval.
BACKGROUND INFORMATION: As indicated at the March 20, 2008 meeting, the existing easement
cannot be released until the new plat is approved. The action before this agenda item is the approval of
the Coborns Plat. Once approved the Council can release the easement. In releasing the easement the
Council must determine it is in the best interest of the City. Staff is recommending release of the
easement as the re-platting will provide new easements providing for adequate drainage.
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Resolution 2008-007 Vacate Drainage and Utility Easement; Notice to
County Auditor.
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resoltuion 2008-
007 Vacate Drainage and Utility Easement and the notice to the County Auditor verifying vacation.
RESOLUTION 2008-0007
VACATE DRAINAGE AND UTILITY EASEMENT
WHEREAS, The City Council for the City of St. Joseph has determined to vacate the
following described easement:
The East 10.00 feet of Lot 1, Block 1, BUETTNER BUSINESS
PARK, according to the recorded plat thereof, Stearns County,
Minnesota, which lies south of the North 10.00 feet of said Lot 1
and lies north of the South 10.00 feet of said Lot 1 as measured at a
right angle to, parallel with and contiguous to the north, south and
east line of said Lot 1.
AND
The West 10.00 feet of Lot 2, Block 1, BUETTNER BUSINESS
PARK, according to the recorded plat thereof, Stearns County,
Minnesota, which lies south of the North 10.00 feet of said Lot 2
and lies north of the South 10.00 feet of said Lot 2 as measured at a
right angle to, parallel with and contiguous to the north, south and
west line of said Lot 2.
WHEREAS, a public hearing was held on March 20 , 2008, before the City
Council in the City Hall after due published and posted notice had been given by the City
Administrator on March 7, 2008 , 2008, and a reasonable attempt was made to give personal
notice to all affected property owners and all persons interested were given an opportunity to be
heard;
WHEREAS, it appears that it will be in the best interest of the City to vacate the above-
described easement because the property is being replatted and the drainage and utility easement
is not needed for purposes of the replat.
WHEREAS, four-fifths (4/Sths) of all members of the City Council concur in this
Resolution;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Joseph,
Minnesota, that the above-described easements be vacated and dedicated.
This Resolution is adopted by the City Council of the City of St. Joseph the day of
2008.
Alan Rassier, Mayor
ATTEST:
Judy Weyrens
City Administrator
NOTICE TO COUNTY AUDITOR AND COUNTY RECORDER OF COMPLETION OF
DRAINAGE AND UTILITY EASEMENT VACATION
The St. Joseph City Council held a public hearing at 7:00 p.m. on March 20 , 2008 at the St.
Joseph City Hall following publication and posted notice to consider the vacation of a drainage and utility
easement along the lot lines of Lot 1 and Lot 2, Block 1, BUETTNER'S BUSINESS PARK, in the City
of St. Joseph, County of Stearns, State of Minnesota.
Following the public hearing, a motion was made, seconded and passed to vacate the following:
The East 10.00 feet of Lot 1, Block 1, BUETTNER BUSINESS PARK,
according to the recorded plat thereof, Stearns County, Minnesota, which
lies south of the North 10.00 feet of said Lot 1 and lies north of the South.
10.00 feet of said Lot 1 as measured at a right angle to, parallel with and
contiguous to the north, south and east line of said Lot 1.
AND
The West 10.00 feet of Lot 2, Block 1, BUETTNER BUSINESS PARK,
according to the recorded plat thereof, Stearns County, Minnesota, which
lies south of the North 10.00 feet of said Lot 2 and lies north of the South
10.00 feet of said Lot 2 as measured at a right angle to, parallel with and
contiguous to the north, south and west line of said Lot 2.
By action of the City Council, the easement described above is now vacated.
This completion of vacation vacates a drainage and utility easement on the vacated easement.
Dated this day of , 2008.
Alan Rassier, Mayor
ATTEST:
Judy Weyrens
City Administrator
STATE OF MINNESOTA
SS.
COUNTY OF STEARNS )
This instrument was acknowledged before me on , 2008, by Alan Rassier,
Mayor and Judy Weyrens, City Administrator of the City of St. Joseph, a municipal corporation under
Minnesota law, on behalf of said municipal corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY:
Thomas G. Jovanovich - 5284X
RAJKOWSKI HANSMEIER LTD.
11 Seventh Avenue North
P.O. Box 1433
St. Cloud, MN 56302-1433
Telephone: 320-251-1055
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Council Agenda Item 6.5 8
MEETING DATE; March 20, 2008
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AGENDA ITEM: Public Hearing -Easement Release
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: Buettner Business Park was platted in the late 90's and replatted in the
00's. It is typical to include drainage easement around the perimeter of the lots when platting.
BACKGROUND INFORMATION: Coborn's purchased two lots, Lot One and Lot 2 Buettner Business Park
for a future store. In 2007 Coborn's has decided to sell a portion of the property to Centra Care for the
construction of a new medical facility This transaction requires that the property be reconfigured and in
this case platted. Once approved, the new plan will replace the existing plan, however, once easements
are dedicated to the City, the City can only release by conducting a public hearing and determining that
it is in the best interest of the City to vacate the easement.
The staff is recommending that the easement be released and the new preliminary plan will establish
new drainage/utility easements once approved. While the Planning Commission has recommended
approval of the Preliminary Plan contingent upon the developer meeting the requirements of the City
Engineer/Public Works Director, the Preliminary Plan is not ready to bring before the Council.
Based on the plan not being ready for Council approval, staff is recommending that action on the
easement vacation be tabled to April 3, 2008. The easements can only be released upon the approval of
the preliminary and final plan of Coborn's Realty. At that meeting the staff will provide the Council
with the necessary resolution to release the easement.
BUDGET/FISCAL IMPACT:
ATTACHMENTS:
1) Public Hearing Notice; 2) Easement Sketches
REQUESTED COUNCIL ACTION: Conduct the public hearing for the vacation of the drainage/utility
easement and table action to April 3, 2008.
CITY OF ST. JOSEPH
www. cityof stjoseph.com
City of St. Joseph
Public Hearing
The St. Joseph City Council shall conduct a public hearing on Thursday, March 20, 2008 at
7:15 PM at the St. Joseph City Hall. The purpose of the hearing is to consider the vacation of
the North-South Utility Easement between lots 1 and 2, block 3, Buettner Business Park. The
Administrator request for the vacation of the utility easement is to allow for redevelopment of the area.
Judy Weyrens The legal description for the proposed utility easement to be vacated is:
The East 10.00 feet of Lot 1, Block 3, Buettner Business Park, according to the recorded plat
thereof, Stearns County, Minnesota, which lies south of the North 10.00 feet of said Lot 1 and
Mayor lies north of the South 10.00 feet of said Lot 1 as measured at a right angle to, parallel with and
Al Rassier contiguous to the north, south and east line of said Lot 1.
AND.
Counci{ors
Steve Frank The West 10.00 feet of Lot 2, Block 3, Buettner Business Park, according to the recorded plat
Rick Schultz thereof, Stearns County, Minnesota, which lies south of the North 10.00 feet of said Lot 2 and
Renee Symanietz lies north of the South 10.00 feet of said Lot 2 as measured at a right angle to, parallel with and
contiguous to the north, south and west line of said Lot 2.
Dale Wick
The request has been submitted by Coborns Realty Company Ltd., PO Box 6146, St. Cloud,
M N 56302.
All persons wishing to be heard will be heard with oral testimony limited to 5 minutes. Written
testimony may be submitted to the City Administrator, City of St. Joseph, PO Box 668, St.
Joseph, MN 56374.
Judy Weyrens
Administrator/Clerk
Publish: March 7, 2008
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Proposed Utility
Easement to be vacated
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