Agenda - Planning Commission - 11/19/1996 - Special Meeting

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CASE RELEASE OF EASEMENT AND FILLING OF LOT 1, BLOCK $, RUM ACRE ESTATES By: Steve Jankowski, City Engineer Background: When Rum Acre Estates was platted in 1974, a drainage easement was granted over the entire area of Lot 1, Block 5, because a storm outfall to the Rum River was not placed as was required. Since this was the lowest lying area, tbSs lot was to serve as a drainage reservoir until the storm sewer was constructed. Attached is a copy of the casement document which is actually a temporary easement, since it exists until such time as sufficient storm sewer fa 'critics eliminate the need for the easement. Technically, I would declare that sufficient storm facilities were installed in 1990, when storm piping was installed as a part of the Juniper Woods development which provided a drainage outlet from this lot to the pond constructed between Tonto and Ute Streets. However, Staff felt it may be more appropriate to formally vacate th/s easement. It should also be noted that during the summer of 1996, fill material was brought onto this lot in anticipation of the easement being vacated and a residence being constructed. Because of the volume of f'Lll imported, a mining and grading permit should have been obtained. Mr. Bob Berglund wishes to obtain a building permit and proceed with the construction of a single family residence. The action sought in this case is two-fold. First, it seeks to acknowledge the termination of the drainage easement. Secondly, it should identify reasonable conditions for the placement of the fill material. I would propose that upon termination of the temporary drainage easement over the entire lot, a permanent 50-foot drainage and utility easement be granted to the City over the northerly 50 feet of the lot. This easement will allow for the existing drainage pattern to continue to some degree, particularly on smaller precipitation events. Larger events will overflow to the Juniper Woods Pond, however, the permanent easement will provide for some filtration and sediment removal of storm water before entering the Juniper Woods Pond. I would also propose that the conditions associated with the importation of fill material include the payment tO the City for the cost of the street patching on Juniper Ridge Drive, as the break-up of the pavement was a direct result of truck trailers backing over the edge of the pavement. The cost of the patching is agreed to be $300. The applicant should also pay the cost of a mining and grading permit application fee of $75. The builder agrees to grade to the elevation proposed on the Certificate of Survey prepared by Charles Anderson and dated November 15, 1996, and to re-establish lawn-quality turf through seeding and sodding by June 30, 1997. Recommendation: Staff recommends that the City Council pass a resolution declaring that sufficient storm sewer is presently in place eliminating the need for the temporary drainage easement over Lot 1, Block 5, Rum Acre Estates. Staff also recommends that a public hearing be held at the December 3, 1996 Planning Commission meeting and action be taken on finalizing the mining and grading permit at that time. Action: None at this time. Reviewed by: City Administrator City Attorney City Engineer PC: 11/19/96