PUBLIC HEARING: Adopt Resolution #25-237 Vacating Easements in Riverstone South 5th Addition

The plat of Riverstone South 5th Addition was approved in 2024 and was consistent with the preliminary plat that was approved in 2021.  The developer, Riverstone Development LLC (Capstone Homes), designed the lots based on the homes in their portfolio they were intending to build in this subdivision.  The 5th Addition included two typical 20-foot wide drainage and utility easements to protect shallow storm sewer pipes spanning four lots.  The intended homes' foundations will adequately fit on the lot outside the easements, but the eaves will encroach into the easements.  The width of the easement is being required to be reduced by one foot on each of the lots to accommodate the entire house. 

An encroachment agreement could have been prepared, but those agreements state that the structure can be removed if work in the easement is needed.  Since this encroachment is the main house, that could make obtaining a mortgage difficult or prohibitive.  Vacating the easement is the preferred remedy.    

The City Engineer has reviewed the proposal and has determined that the shallowness of the storm pipes will not require the full 20 feet should they need to be excavated so the resulting 18 feet will be sufficient.  

Notification was provided to the private utility companies 30 days prior to the public hearing.  Mailed notices were sent to property owners within 350 feet of the site.  A legal notice was placed in the Anoka Union Herald Newspaper.  

Some of the utility companies have noted that they have facilities located in a portion of the easement adjacent to the roadways.  This area is not being vacated.  

Costs associated with this request are the responsibility of the applicant. 

Staff recommends vacating the four one-foot easement segments. 

Motion to adopt Resolution #25-237 Approving Vacating Easements in Riverstone South Fifth Addition