CY58-25

Request of APX Construction Group, with permission of the owner, Cemstone, for the vacation of a portion of a 10’ utility easement located on the westerly side of Lot 2, Block 2 as per the recorded plat of Lime Valley Fourth Addition. The subject property is described as part of Lot 2, Block 2, Lime Valley-Fourth Addition, Blue Earth County (Blue Earth County PID R010431455007, 100 Summit Avenue). 

The anticipated date of City Council action is December 8, 2025. 

The applicant is APX Construction Group, on behalf of the property owner, Cemstone. 

The applicant is requesting the vacation of a portion of a 10’ utility easement located on the westerly side of Lot 2, Block 2, per the recorded Plat of Lime Valley-Fourth Addition adjoining the west line of Lot 2, Block 2 said Lime Valley-Fourth Addition; excepting there from the 20.00 foot Drainage and Utility Easement adjoining the northerly line of said Lot 2 as dedicated per said Plat and excepting there from the variable width Utility Easement adjoining the Southerly line of said Lot 2 as dedicated per said Plat.

The subject property is described as part of Lot 2, Block 2, Lime Valley-Fourth Addition, Blue Earth County (Blue Earth County PID R010431455007, 100 Summit Avenue).

The subject properties are currently used for aggregate storage. 

The subject properties are zoned M-2, Heavy Industrial District. 

The subject parcel was delineated for wetlands and determined not to contain as much. A stream identified as a PEM1F, runs along the northern and eastern property boundaries of the subject area. A drainage easement was dedicated for the stream area. 

Public Utilities are available to the site via Summit Avenue to the south. The applicant shall coordinate design of the new water service and required pressure actuator with the City of Mankato Department of Public Works.

Mankato City Charter Section 10.04.b. provides standards for the vacation of easements on private property. Linked Here:
https://library.municode.com/mn/mankato/codes/code_of_ordinances?nodeId=PTICH_CH10MIPR_S10.04.BVAEAPRPR

Mankato City Code Chapter 10, Article VII, Division 4. Provides standards for the M-2, Heavy Industrial District. Linked Here:
https://library.municode.com/mn/mankato/codes/code_of_ordinances?nodeId=PTIICOOR_CH10LAUSDE_ARTVIIINDI_DIV4HEINDI

The Site Plan and Traffic Committee reviewed the request at their November 4th, 2025 meeting and the following comment was provided. 

1. The applicant shall be aware that a right-of-way permit is required for the utility connections in the public ROW.

The applicant, APX Construction Group, with permission of the property owner, Cemstone, is requesting the vacation of a 3,515 Sq. Ft. portion of a 10’ utility easement. This easement is located on the westerly side of Lot 2, Block 2, Lime Valley-Fourth Addition (100 Summit Ave). 

The proposed easement vacation area excludes the 20.00-foot Drainage and Utility Easement adjoining the northerly line of Lot 2, and the variable-width Utility Easement adjoining the southerly line of Lot 2. 

The easement vacation is being proposed to allow for the construction of a new concrete batch plant to be owned and operated by Cemstone and to be located across the existing easement location. In order to permit the construction of a structure at this location, the subject easement must be vacated.

The applicant has notified the utility companies and received signatures stating that the easement would not be necessary for their utility purposes. Based on the information received, there are no known utilities within the utility easement requested for vacation. Therefore, no utilities would need to be relocated as part of this vacation.  

Cemstone currently operates a batch plant at 141 Summit Ave, which is located across Summit Ave SE from the subject properties.  

Existing Site Conditions:
The site consists of 5.3 acres. The site was graded in 2016 as part of approved site construction plans. The proposed site construction plans were only partially completed in 2016. The improvements consisted of grading the site, construction of a filtration pond, removal of the 3rd Avenue access, addition of a secondary access from Summit Avenue, paving of a 100'x100' area, graveling of the site, and minor landscaping. Site grading directs on-site stormwater into the filtration pond on the east portion of the site, which then outlets into the existing ditch located along the north and east site boundaries. 

Proposed Site Improvements:
Cemstone Companies intends to develop the site into a concrete plant with a standalone building, batch plant, aggregate storage, and parking & driving areas. 

The proposed building will be addressed as 100 Summit Ave and the proposed batch plant as 104 Summit Ave. 

All proposed site improvements shall conform to Mankato City Code; the proposed improvements will be subject to review through the Building Permit process. This will include, but not be limited to, the review of on-site stormwater management, screening, hard-surfacing, exterior storage, parking, operations, and landscaping.

It is the City of Mankato's recommendation that the subject parcels be combined into a singular zoning lot to prevent future separation of the lots contemplating the existence of an encroaching structure. The construction of a structure across multiple parcels creates a uniquely concerning condition. One particular reason for concern is the separation of ownership for each parcel, as technically the sale of one parcel may occur entirely separate from another, creating differing ownership between both parcels and thus different portions of a singular structure. Another reason is the separation of tax, utility, and other costs associated with the ownership and operation of a parcel. Hypothetically, an owner could intentionally or unintentionally withhold tax or utility payments for just one of the parcels. That singular parcel would then be in a state of delinquency and could be subject to tax forfeiture, possibly leading to a forced change in ownership between just one of the two parcels and thus portions of a singular structure. To prevent any such concern, a recommended condition of approval is included herein to address this. 

Staff respectfully submits the following findings of fact for the requested Easement Vacation:

1. The applicant has petitioned to vacate the subject portion of the 10' utility easement.
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 stating that no utilities are present within the easement area. Based on this response, the easement would no longer be needed for utility purposes.
3. This proposed 3,515 Sq. Ft. easement vacation preserves the dedicated utility easements along the northern and southern property boundaries.
4. The proposed vacation is necessary for the development of the subject parcel. 

Staff recommends approval of the vacation of the subject utility easement with the following conditions:

1. The applicant shall combine the two subject parcels into a single zoning lot (R010431455077 & R010431455006) prior to issuance of a building permit for the proposed batch plant that spans across both parcels. 
2. The vacation shall be recorded with Blue Earth County prior to issuance of a building permit for the proposed batch plant.