CY42-24

Request of ISG, on behalf of the property owner Rolls-Royce Solutions America, Inc., for easement vacations between subject properties. The subject properties are described as Lot 1, Block 1, Eastwood Industrial Park and Lot 1, Block 1, Eastwood Industrial Park No. 2. (100 Power Drive; Blue Earth County PID R010910103012 and R010910103013). 

The anticipated date of City Council action is October 15, 2024. 

The applicant is ISG, on behalf of the property owner. 

The applicant is seeking vacation of utility easements between platted lots. 

The subject properties are described as Lot 1, Block 1, Eastwood Industrial Park and Lot 1, Block 1, Eastwood Industrial Park No. 2. The lots are located to the south of the property at 100 Power Drive and the Blue Earth County parcel identification numbers are R010910103012 and R010910103013. 

The subject parcels are currently vacant, platted lots. 

The subject parcels are zoned M-1, Light Industrial. 

There are no known environmentally sensitive areas on the site. 

Public utilities currently serve the property. 

The City of Mankato Charter section 10.04 provides standards for the vacation of Easements on Private Property. 

The Site Plan and Traffic Advisory Committee review the item at their September 10, 2024 meeting and provided the following comments. The applicant's subsequent responses are also included below. 

1. Applicant shall be aware that this property will receive the address of 110 Power Dr. The address of the southern parcel (120 Power Dr) will be retired. Response: Understood. Refer to attached revised sheet C0-10 Site Data.
2. Applicant shall be aware that sanitary sewer service connections need to be connected to the main via a sanitary sewer
   service wye. Response: Revised as requested. Refer to attached revised sheet C3-20 Overall Utility Plan.
3. Applicant shall provide the utility company verification form for each of the provided utility companies. This is a required application submittal component. Response: Please see the attached document containing each utility companies’ verification form.
4. Applicant shall provide details on whether relocation of the existing power lines will require any power outages for the adjacent properties. Response: According to Xcel Energy, no power outages are necessary for relocation. 
5. Applicant shall provide details on whether the project/vacations will result in power outages, including even short temporary power outages, associated with the subject request. Response: According to Xcel Energy, no outages, even short temporary power outages are needed. The relocation of current underground electrical is a redundant service. 
6. Applicant shall pay all notification fees, and application fees, if not already complete. Response: Notification and application fees have been paid.

Rolls-Royce Solutions America, Inc., is seeking easement vacations between subject properties. The subject properties are described as Lot 1, Block 1, Eastwood Industrial Park and Lot 1, Block 1 and Lot 2, Block 1, Eastwood Industrial Park No. 2. (100 Power Drive; Blue Earth County PID R01.09.10.103.010, R010910103012 and R010910103013).

The applicant is seeking to vacate two existing utility easements between lots that they currently own. The first of the two areas proposed for vacation is referred to in the surveyed documents as utility easement vacation A, and it encompasses the southern 10 feet of Lot 1, Block 1, Eastwood Industrial Park and the northern 20 feet of Lot 1, Block 1, Eastwood Industrial Park No. 2. The total vacation dimension for utility easement vacation A is 30 feet. 

The second area proposed for vacation is referred to as utility easement vacation B and is the south10 feet of Lot 1, Block 1, Eastwood Industrial Park No. 2 and the north 10 feet of Lot 2, Block 1, Eastwood Industrial Park No. 2. The total area of easement vacation is 20 feet. 

With both the proposed vacation areas, the 10-foot strip on the street sides, the western and eastern sides, of the lots will remain an easement area, and is not proposed for vacation. 

The applicant has provided Vacation Request forms to the utility company. Xcel Energy has responded that re-routing of their infrastructure will be necessary as a result of vacation of the easement areas. The feedback provided states that re-routing of the existing infrastructure to vacate the easement may have a cost to it, and that, if not existing, the applicant would grant to the utility provider the necessary easements for the relocation of said infrastructure. 

The applicant is seeking vacation of the subject easement areas because a new approximately 280,000 square foot logistics center is planned for the lots. 

Staff respectfully submits the following findings of fact pertaining to the requested easement vacations:

1. The owner of the affected properties have petitioned to vacate the noted easement areas.
2. The applicant has provided notice to the utility companies with a copy of the vacation request and has provided responses from the utility companies. The applicant is responsible for coordination of utility relocation and is responsible for all costs associated with said relocations. The applicant is responsible for coordination and granting of any new easement if necessary for the relocation of the subject infrastructure. 
3. The proposed vacation is necessary for the development of the subject parcels. 

Staff recommends approval of the vacation of the requested private easements with the following recommended conditions: 

1. If an appropriate existing easement is not available for the relocation of the utility infrastructure, the applicant shall be a willing grantor of the necessary easement in order to relocate the infrastructure. The location and size of the easement shall be at the discretion of the applicable utility.  
2. The applicant/property owner is responsible for any and all costs of re-routing the existing infrastructure to a location that is acceptable to the utility company.