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Home My WebLink About[05] Public Hearing, Vacate Drainage & Utility Easements Council Agenda Item 5 MEETING DATE: June 4, 2018 AGENDA ITEM: Public Hearing, Vacate Drainage and Utility Easements SUBMITTED BY: Community Development PREVIOUS COUNCIL ACTION: The City Council approved the final plat of Country Manor Senior Living Campus in 2016, which provided one multi-family lot, one senior facility lot, and 12 single family patio home lots. BACKGROUND INFORMATION: The City has received a request from CM St. Joe, LLC to vacate certain internal drainage and utility easements between Lots 10 and 11, Block 3, Country Manor Senior Living Campus. The purpose of the vacation request is to combine two lots into one lot and to allow structures over the easements. 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 Certificate of Survey Resolution 2018-025 Notice of Completion of Vacation Proceedings REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolution 2018-025 vacating internal Drainage and Utility easements between Lot 10 and 11, Block 3, Country Manor Senior Living Campus. �� JL ��o ��JLI�� www.cityofstj oseph.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, June 4, 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 10 and 11, Block 3, Country Manor Senior Living Judy Weyrens Campus. The request has been submitted by CM St. Joe, LLC, property owner,for the purpose to combine the two lots into one lot. Mayor Judy Weyrens Administrator Rick Schultz Publish: May 18, 2018& May 25, 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 Fax 320.363.0342 ��,, City of St. Joseph ,��f�n��.� Vacation Request Application C�T`�' C�� ST. J(�S�AH Applicant SCOtt KehO (Continuum's Development Services LLC. ) Phone �320)828-3457 Emailskeho@countrymanor.org Mailing Address 524 First Street NE. Sartell, MN. 56377 Vacation Type Requested: aPublic Street/Alley a(Jtility Easement �Drainage Easement Project Location/Address 1136 and 1140 Lanigan Way SW. Saint Joesph, MN 56374 Legal Description of Property,(attached a separate document if needed)See AttaChed Utility Agencies Agency Representative Signature In Place Utilities? Quest: _yes _no Xcel Energy-Gas: _yes no Xcel Energy Electric: _yes no Stearns Electric: _yes no Charter: _yes _no Midco: _yes _no Justification for Requested Vacation Lots 10,11 of Block 3 Country Manor Senior Living Campus (1136 and 1140 Lanigan Way SW. St. Joe, MN) have a 50'wetland setback at the rear of the lot making the buiidable area to small Combining the two lots will create a larger buildable space. This application must be signed by all owners of the subject property. /� • 5-7-2018 Signature o Ap lic t Date r ��,� �' M� ��- ��/�" Signature of Owner(s) CG,� ��(' J a� L L G Date .__..__.�.�.___w._---.__.___�._..__.._.._.__�_...._..__.�_�____._.._.�____.,_....... ........_..._.------..___. ... .____....._�._ _......_...._._..,._..._.,..,__._, � For Office Use Onl ' Fee::$500,plus add.if iricurred P Date Received:, �. ,�,�:�- }r>,_ _-,�,�:� _ ;'4� _ - - �:...:.. ..::... . .. _ .� :�� ;�:;;:- {�M='.:,;,, 5h"'�rt'.+ �xd" 3.�ix3r,�y,i :.�"Ci^.:�- - - ^�,3::sy - a-5.::6�u-..�w..:aF:+�+�.w%' .a-ka.:^,.,..c e.•.�,,:.p-y _ _ .ir. ::� .-"rt^u,�,�n�"w r:''�_,''y _ ..5,:: �..s`%',�_`.'.'�-':'c ,.�,.n¢_�f.;� v��;=r' _.�,'r�',w•.. ;:F�' Mailing Address:Ciry of St.Joseph;75 Callaway St E;St.Joseph,MN 56374 Phone: 320.363.7201 RESOLUTION 2018-025 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: Vacating the drainage and utility easement as dedicated in COUNTRY MANOR SENIOR LIVING CAMPUS, according to the recorded plat thereof, Stearns County, Minnesota, bounded as follows: On the Northeast by a line measured 6.00 feet Northeasterly of, as measured at a right angle to and parallel with the Southwesterly line of Lot 10, Block 3, said COUNTRY MANOR SENIOR LIVING CAMPUS. On the Southeast by a line measured 6.00 feet Northwesterly of, as measured at a right angle to and parallel with the Southeasterly line of said Lot 10 and the Southeasterly line of Lot 11, said Block 3. On the Southwest by a line measured 6.00 feet Southwesterly of, as measured at a right angle to and parallel with the Northeasterly line of said Lot 11. On the Northwest by a line measured 12.00 feet Southeasterly of, as measured at a right angle to and parallel with the Northwesterly line of said Lots 10 and 11. th Whereupon said resolution was declared duly adopted by the St. Joseph City Council this 4 day of June, 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: Vacating the drainage and utility easement as dedicated in COUNTRY MANOR SENIOR LIVING CAMPUS, according to the recorded plat thereof, Stearns County, Minnesota, bounded as follows: On the Northeast by a line measured 6.00 feet Northeasterly of, as measured at a right angle to and parallel with the Southwesterly line of Lot 10, Block 3, said COUNTRY MANOR SENIOR LIVING CAMPUS. On the Southeast by a line measured 6.00 feet Northwesterly of, as measured at a right angle to and parallel with the Southeasterly line of said Lot 10 and the Southeasterly line of Lot 11, said Block 3. On the Southwest by a line measured 6.00 feet Southwesterly of, as measured at a right angle to and parallel with the Northeasterly line of said Lot 11. On the Northwest by a line measured 12.00 feet Southeasterly of, as measured at a right angle to and parallel with the Northwesterly line of said Lots 10 and 11. The matter came before the City Council pursuant to a petition submitted by CM St. Joe, 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 4th, day of June, 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