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HomeMy WebLinkAbout[05] Public Hearing, Vacate Drainage & Utility Easements Council Agenda Item 5 MEETING DATE: May 21, 2018 AGENDA ITEM: Public Hearing, Vacate Drainage and Utility Easements SUBMITTED BY: Community Development PREVIOUS COUNCIL ACTION: The City Council approved the Jasmine Plat in 2015, which provided 10 single family lots. BACKGROUND INFORMATION: The City has received a request from CLC Partners, LLC to vacate certain internal drainage and utility easements between Lots 1, 2, and 3, Block 1, Jasmine Plat. The purpose of the vacation request is to readjust lot lines going from 3 lots to 2 lots and to allow structures over the easements. New drainage and utility easements along the new boundaries of the property would be provided. The City Engineer and Public Works Director have reviewed the proposed request for vacation of easements and have verified that the easements requested to be vacated will not be needed and that there are no city utilities within those easements. The utility companies have also been contacted and have verified that they have no objection to the vacation request. BUDGET/FISCAL IMPACT: N/A ATTACHMENTS: Request for Council Action Hearing Notice Vacation Request Application Easement Exhibit Administrative Lot Split Survey (proposed new easements) Resolution 2018-020 Notice of Completion of Vacation Proceedings REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolution 2018-020 vacating internal Drainage and Utility easements between Lot 1, 2, and 3 Block 1, Jasmine Plat and approve new drainage and utility easements. ���� �JL ��o ����u�� www.cityofstjoseph.com City of St.Joseph Notice of Public Hearing Vacation of Drainage� Utility Easements The St. Joseph City Council shall conduct a public hearing in the St. Joseph Government Center, 75 Callaway St. E. on Monday, May 21, 2018 at 6:00 PM, or shortly thereafter as the Administrator matter may be heard, to hear all persons upon the proposed vacation of certain internal drainage and utility easements between Lots 1, 2, and 3, Block 1, Jasmine Plat. The request Judy Weyrens has been submitted by CLC Partners, LLC,for the purpose to readjust lot lines. Mayor .1udy Weyrens Administrator Rick Schultz publish: May 4, 2018 & May 11, 2018 Councilors Troy Goracke Matt Killam Bob Loso Dale Wick 75 Callaway Street East• Saint Joseph,Minnesota 56374 Email cityoffices@cityofstjoseph.com Phone 320.363.720I F� 320.363.0342 City of St. Joseph s.,��:4��,t��,�rrh<<s�, Vacation Request Application Ci7Y C�F ST. J(JSEPH Applicant « ��y/✓�S �GL Phone 321s-�1Zd-�SZ- Email���z�e/'f � �i�,a/�c.c.�f7l.�c�r! Mailing Address `/L7 /Z'`�-•4�/A f.E ���i��/,c /�h/ Vacation Type Requested: �Public Street/Alley �[Jtility Easement �Drainage Easement Project Location/Address fe )9 .1pZ S� le 3� ������.E 1..4i✓E . L,S7 cT� Legal Description of Property,(attached a separate document if needed) 1..�,- �, z,.� a�� .Z �,��.�,r✓� ,t.,�„�� �.�T Utility Agencies Agency Representative Signature In Place Utilities? Quest: _yes _no Xcel Energ,y-Gas: _yes _no Xcel Energy-Electric: �es no Stearns Electric: _yes no Charter: �es _no Midco: �es _no Justification for Requested Vacation t���Ica�+iy1S `�'hE- 3 Lc�'S o�U �� /✓aat.f�1..�� 6F 1i9-a'in,.✓.E �,�N� r.,-� z t�s �� � � �,��r .�,�� ,��,� E�.E/��� Ll/✓�$i9-49-B�-E ��J� k�E LUolt�-� L�ciE T� �l�9T�E Z. .�-�QbER - ,�rS This appli tion must be signed by all owners of the subject property. � �La -i� Signature pplicant Date �}-7.a-� Signa Owner(s) Date For Office Use Onl ' Fee:$500 plus add.if incuned Paid: , � � Date Received: y �� ��,. ; � Mailing Address:City of St.Joseph;75 Callaway St E;St.Joseph,MN 56374 Phone: 320.363.7201 SKETCH EASEMENT VACATION GWD.10FKS00.8926000\\YEVRUS\\GWD\\00.8926000\\:Q © 2018 Westwood Professional Services, Inc. N.W. CORNER OF — GATE VALVE LOT I,BLOCK I \ JASMINE PLAT 181.40 A T. n n /F-) 5I DRAINAGE — _ _ CURB STOP BOX AND UTILITY ` CABLE TV PEDESTAL / CATCH BASIN I 20C, W M � FES STRUCTURE RIP RAP 25 A �I i � I / DRAINAGE -- \ AND UTILITY / EASE R JASMINE PLA T PARCEL pO I O a f JASMINE PLAT 5 l i ; p z r� / A T L -/—[ / NORTH LINE OFBLOCKI �\ JASMINE PLAT Q) o GATE VALVE ♦ – ,1,, 181.40 15 5I DRAINAGE — _ _ CURB STOP BOX AND UTILITY ` CABLE TV PEDESTAL EASEMENT CATCH BASIN I � \' FES STRUCTURE RIP RAP 25 A �I i � I / DRAINAGE -- \ AND UTILITY / EASE R JASMINE PLA T PARCEL pO I I a JASMINE PLAT 5 l i ; /1 I / A ^n e/n /r_ o/ -I .1 / V/ / / V L7- _S. S.W. CORNER OF 25 LOTl, BLOCKI JASMINE PLAT / Q) o GATE VALVE CURB & GUTTER HYDRANT 15 5I DRAINAGE — _ _ CURB STOP BOX AND UTILITY ` CABLE TV PEDESTAL EASEMENT CATCH BASIN I � �I FES STRUCTURE A �I i � I o I I I I � SOUTHERLYLINE — \\ I OF BLOCK 1 I JASMINE PLAT 5 51 A i ; /1 N.E. CORNER OF - �� / A TT r— r-1 LOT3, BLOCKI �\ L -/—I l l L_ L/ JASMINE PLAT N8902430'E 490.75 0 309.35 ------ -4------------- — \I--DRAINAGEANDUTILITY CS EASEMENT PER fN JASMINE PLAT / EL _ U f \ SOUTHERLY LINE / OFBLOCKI JASMINE PLAT / t PARCEL B ♦ 6 ..................... � l uvv/V"F7/, / �-r/ 0 - ":p I i—1 o \ AND TILFTY \ / / ♦ ..: DRAINAGE — 5�9 , . EASEMENT PER / ` wj ::::: ..: JASMINE PLAT \ C$ u i i I1 ................ ..............................?? �...?????:::::.� 7 / LEGAL DESCRIPTION OF PROPERTY PROPOSED PARCEL A LEGAL DESCRIPTION Lots 1, 2 and 3, Block 1, JASMINE PLAT, according to the recorded plat thereof, Stearns County, Minnesota. GENERAL NOTES 1. Total area of subject property contains 39,610 Sq. Ft./0.91 acres. PARCEL A= 20,898 Sq. Ft. 10.48 acres PARCEL B= 18,712 Sq. Ft/ 0.43 acres LEGEND D4 GATE VALVE CURB & GUTTER HYDRANT O SANITARYMANHOLE C S CURB STOP BOX TV CABLE TV PEDESTAL CATCH BASIN ❑E ELECTRIC BOX FES STRUCTURE Md BITUMINOUS SURFACE PREPARED FOR: DESIGNED: CHECKED: CRF DRAWN: NAS FIELD CREW: FIELD WORK DATE: That part of Lots 1 and 2, Block 1, Jasmine Plat, according to the recorded plat thereof, Stearns County, Minnesota described as follows- Beginning ollowsBeginning at the northwest corner of said Lot 1; thence North 89 degrees 24 minutes 30 seconds East, assumed bearing along the north line of said Block 1, a distance of 181.40 feet- thence South 00 degrees 36 minutes 37 seconds West, a distance of 117.51 feet to the southerly line of said Block 1; thence North 89 degrees 23 minutes 23 seconds West, along said southerly line, a distance of 180.15 feet to the southwest corner of said Lot 1; thence North 00 degrees 00 minutes 00 seconds East, along the west line of said Block 1, a distance of 113.71 feet to the northwest corner of said Lot 1 and the point of beginning. Subject to an Easement for Drainage and Utility purposes over, under and across the easterly 5 feet of the above described Parcel. Excepting therefrom any portion of said Drainage and Utility Easement lying within the southerly 10 feet and the northerly 10 feet of the above described Parcel. CLC PARTNERS LLC LOTS 1, 2 AND 3, BLOCK 1 JASMINE PLAT ST. JOSEPH, MN PROPOSED PARCEL B LEGAL DESCRIPTION That part of Lots 2 and 3, Block 1, Jasmine Plat, according to the recorded plat thereof, Stearns County, Minnesota described as follows.- Commencing ollows Commencing at the northwest corner of Lot 1, Block 1 said Jasmine Plat- thence North 89 degrees 24 minutes 30 seconds East, assumed bearing along the north line of said Block 1, a distance of 181.40 feet to the point of beginning; thence South 00 degrees 36 minutes 37 seconds West, a distance of 117.51 feet to the southerly line of said Block 1; thence South 89 degrees 23 minutes 23 seconds East, along said southerly line, a distance of 21.77 feet - thence northeasterly 119.10 feet along said southerly line being a tangential curve, concave to the Northwest, having a radius of 167.00 feet and a central angle of 40 degrees 51 minutes 38 seconds; thence North 49 degrees 44 minutes 59 seconds East, tangential to said curve and along said southerly line, a distance of 40.61 feet- thence northeasterly 161.28 feet along said southerly line being a tangential curve, concave to the Southeast, having a radius of 233.00 feet and a central angle of 39 degrees 39 minutes 31 seconds to the northeast corner of said Lot 3; thence South 89 degrees 24 minutes 30 seconds West, non tangential to said curve and along the north line of said Block 1, a distance of 309.35 feet to the point of beginning. Subject to an Easement for Drainage and Utility purposes over, under and across the westerly 5 feet of the above described Parcel. Excepting therefrom any portion of said Drainage and Utility Easement lying within the southerly 10 feet and the northerly 10 feet of above described Parcel. Westwood Phone (320) 253-9495 3701 12th Street North, Suite 206 Fax (320) 358-2001 St. Cloud, MN 56303 Toll Free (800) 270-9495 wwtwoodpmom Westwood Professlonal Sarvlcas Inc X O Denotes 1/2 inch by 14 inch iron monument set and marked by License No. 55343 • Denotes Found Monument Bearings shown are based upon the Stearns County Coordinate System, NAD 83,1996 adjustment. 0' 40' 80' ADMINISTRATIVE LOT SPLIT SURVEY 0006298.00 Call 48 Hours before digging: 811 or call811.com Common Ground Alliance SHEET NUMBER: 1 OF 1 DATE: 5/03/2018 RESOLUTION 2018-020 RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT WHEREAS, the City Council of the City of St. Joseph held a public hearing following publication, mail and posted notice for the purpose of hearing those present to consider the vacation of a public drainage and utility easement within the City of St. Joseph; and WHEREAS, it appeared in the best interests of the public and the City of St. Joseph that such public drainage and utility easement be vacated and discontinued. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, STEARNS COUNTY, STATE OF MINNESOTA, duly assembled that the following described public drainage and utility easement hereby vacated to wit: All that part of the Drainage and Utility Easement dedicated on the Plat of JASMINE PLAT, Stearns County, Minnesota, described as follows: The East 5 feet of Lot 1 and Lot 2, Block 1 said JASMINE PLAT and the West 5 feet of Lot 2 and Lot 3, said Block 1. Excepting therefrom any portion of said Drainage and Utility Easement lying within the southerly 10 feet and the northerly 10 feet of said Lots 1, 2 and 3. Whereupon said resolution was declared duly adopted by the St. Joseph City Council this 21stday of May, 2018. Rick Schultz, Mayor ATTEST: Judy Weyrens, Administrator SEAL Notice of Completion of Vacation Proceedings The St. Joseph City Council received a petition for the vacation of an easement described as follow to wit: A vacation of all that part of the Drainage and Utility Easement dedicated on the Plat of JASMINE PLAT, Stearns County, Minnesota, described as follows: The East 5 feet of Lot 1 and Lot 2, Block 1 said JASMINE PLAT and the West 5 feet of Lot 2 and Lot 3, said Block 1. Excepting therefrom any portion of said Drainage and Utility Easement lying within the southerly 10 feet and the northerly 10 feet of said Lots 1, 2 and 3. The matter came before the City Council pursuant to a petition submitted by CLC Partners, LLC. Based upon the information presented at the time of hearing, the City Council for the City of St. Joseph hereby resolves that the above described easement is hereby vacated effective immediately. Adopted by the St. Joseph City Council this 21st, day of May, 2018. Rick Schultz, Mayor ATTEST Judy Weyrens, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF STEARNS ) This instrument was acknowledged before me on , 20 , by Rick Schultz and Judy Weyrens, the Mayor and City Administrator respectively, of the City of St. Joseph, a Minnesota municipal corporation, on behalf of said City. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICAL DRAFTED BY City of St. Joseph 75 Callaway St. E St. Joseph, MN 56374 (320) 363-7201