Adopt Resolution #22-210 Accepting Additional Drainage and Utility Easement Over a Portion of 15153 Vicuna St NW15153 Vicuna St NW (Project No. 21-112; Case of Preserve at Northfork LLC and Gregory and Judy Watke

Earlier this year, during review of a Building Permit Application for a new home at 15153 Vicuna Street NW (the "Subject Property"), it was discovered that there was a watermain line at the edge of a standard four (4) foot drainage and utility easement. If there's ever a need to conduct maintenance, the excavation to access the pipe would need to extend beyond this standard easement. Thus, a larger drainage and utility easement is necessary. Preserve at Northfork LLC (the "Developer") previously worked with the City to prepare an exhibit to grant the City a fifteen (15) foot wide drainage and utility easement (the "Easement") along the southern lot line of the Subject Property.

In March of 2022, the City Council adopted Resolution #22-069 accepting this Easement.  However, by the time the documentation was sent to Anoka County for recording, ownership of the Subject Property had changed.  Thus, the county rejected the recordation since the Developer no longer had an interest in the Subject Property.  The Developer has assisted with working with the current property owners, Gregory and Judy Watke (the "Property Owner"), to get their approval to grant this Easement.  Staff has drafted a new resolution, accompanied by an Easement Agreement, with updated ownership information, for consideration.

It is worth noting that the property to the south, abutting the Subject Property, already has an existing 17-foot drainage and utility easement along their shared property line, which will accommodate maintenance of both the watermain and sanitary sewer lines.

This case is being handled as part of Staff's regular duties. The City will be responsible for the cost of recording the additional drainage and utility easement.

Staff recommends adopting Resolution #22-210 accepting a fifteen (15) foot wide drainage and utility easement on the Subject Property.

Motion to adopt Resolution #22-210 accepting a fifteen (15) foot wide drainage and utility easement on the Subject Property.