Agenda - Council - 07/09/2002 - Laserfiche WebLink

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CASE # ADOPT ORDINAxNCES TO CORRECT A 1997 EASEM2E~qT VACATION IN RIVER'S BEND By: Community Development Director Sylvia Frolik Background: In November of 1997, the City Council adopted an ordinance to vacate a portion of an extra w/de drainage and utility easement at 14301 Waco Street N.W. (Lot 45, Block 6, R/ver's Bend). The extra wide easement was originally dedicated to facilitate a storm sewer pipe installation that ultimately was installed further north in the River's Bend plat. The property owners wanted to add a 3a stall to their attached garage and they -couldn't meet the side yard setback unless the excess utility easement was vacated. Observations: The Lofton's are selling their property and the Title company could not f'md: evidence that a portion of the drainage and utility easement had been vacated to accommodate the garage addition. Staff researched the property file and found that the public heating properly identified Lot 45 as the subject property, but the ordinance that was recorded had a typographical error. The recorded ordinance identified Lot 46; consequently the easement vacation is recorded against Lot 46. Recommendation: City Staff recommends adoption of two ordinance: one to repeal Ordinance #97-17 vacating an easement on Lot 46; and the other to correctly vacate the easement on Lot 45. Both ordinances will be recorded at Anoka County and the error will be remedied. The following items are enclosed: ao Site location map Public hearing notice Ordinance #97-17 Proposed ordinance to repeal #97-17 Proposed ordinance to vacate easement on Lot 45 Council Action: Motion to introduce Ordinance to repeal Ordinance #97-17. ~and~ Motion to introduce Ordinance #02- on Lot 45, Block 6, River's Bend. __ to vacate a portion of the drainage and utility easement Review Checklist: City Attorney CC: 07/09/02 -131-