Agenda - Council - 02/14/2023 - Laserfiche WebLink

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CC Regular Session 6.1. Meeting Date: 02/14/2023 By: Chris Anderson, Community Development Information Title: PUBLIC HEARING: Consider Request for Vacation of Drainage and Utility Easement in Lynwood (Project No. 22-141); Case of U.S. Home LLC dba Lennar Purpose/Background: The City has received an application from Lennar (the "Applicant") requesting to vacate a drainage and utility easement (the "Easement") over Outlot C Lynwood (the "Subject Property"). When Lynwood was approved, all of Outlot C was encumbered with the Easement. However, a portion of the Subject Property was always intended for a six (6) unit townhome building. With Lynwood Second Addition getting its approval in January, the Easement needs to be vacated to accommodate the new building. The Final Plat of Lynwood Second Addition includes the requisite drainage and utility easements, including Outlot B (location of one of the stormwater basins for the project). Notification: The City attempted to send a mailing, via standard U.S. mail, to property owners within 350 feet of the Subj ect Property, as noted in the Anoka County Property Records, notifying them of the public hearing. The notice was also published in the Anoka County Union Herald for the February 14, 2023 City Council regular meeting. All private utility companies were also notified via email. Time Frame/Observations/Alternatives: As noted above, the Subject Property was always intended to include a six (6) unit townhome building. However, based on the phasing of the project, construction of this building was not going to occur with the initial addition of Lynwood. Thus, the entirety of the Subject Property was encumbered with the Easement, not just that portion over the stormwater basin. Staff has reviewed the request and has found that the Final Plat of Lynwood Second Addition includes all necessary drainage and utility easements. Funding Source: All costs associated with this request are the responsibility of the Applicant. Recommendation: Staff recommends vacating the Easement. Outcome/Action: Motion to adopt Resolution #23-030 vacating the drainage and utility easement over Outlot C, Lynwood. Attachments Site Location Map Exhibit Showing Existing Easement (to be Vacated) and New Easement (from Approved Final Plat of Lynwood 2nd Addition) Easement Vacation Exhibit from Surveyor Resolution #23-030 Easement Vacation