PUBLIC HEARING: Adopt Resolution #16-08-143 Vacating a Portion of Drainage and Utility Easement on Outlot A, A.E.C. Energy Park 4th Addition; Case of Anderson Dahlen

Anderson Dahlen (the "Applicant") has applied for an Easement Vacation to vacate a portion of drainage and utility easement on the property legally described as Outlot A, A.E.C. Energy Park Fourth Addition (the "Subject Property").  The purpose of the request is to accommodate a proposed 92,000 square foot building expansion to the Applicant's existing building located at 6850 Sunwood Drive NW.

Staff attempted to notify all Property Owners within a 350 foot radius of the Subject Property of the Public Hearing via Standard US Mail. The Public Hearing was also published in the City's official newsletter, the Anoka County Union Herald.

On June 14, 2016, the City Council granted Final Plat approval for Knoll Properties, combining Outlot A and Lot 1, Block 1 A.E.C. Energy Park Fourth Addition into one large parcel.  This minor plat was completed to provide enough buildable space to accommodate a proposed building expansion for the Applicant. 

The portion of easement being vacated encumbers a regional stormwater pond on the Subject Property.  However, upon recording of the plat known as Knoll Properties, drainage and utility easements will be re-dedicated, including a modified easement to encumber this stomrwater pond.  Should the easement vacation be approved, it should be contingent upon the successful recording of the Knoll Properties plat, ensuring continuous easement coverage.
 
Alternatives

Alternative 1.  Adopt Resolution #16-08-143 vacating a portion of drainage and utility easement on Outlot A, A.E.C. Energy Park Fourth Addition, contingent upon successful recording of the plat know as Knoll Properties.  The easement vacation is needed to accommodate a significant building expansion by the Applicant.  Sufficient easement area will be retained as new drainage and utility easement will be dedicated with the recording of the Knoll Properties plat.  Staff supports this alternative.
  
Alternative 2.  Do not adopt Resolution #16-08-143.  If the easement vacation is not approved, the Applicant's proposed 92,000 sq. ft. expansion would need to be modified to avoid encroaching into this easement area.  The Knoll Properties plat will dedicate new drainage and utility easement over the stormwater pond that will still provide sufficient coverage of the stormwater pond.  As long as the approval is made contingent upon the successful recording of the plat known as Knoll Properties, this easement vacation should have no impact and thus, Staff does not support this alternative.

The Applicant is responsible for all costs associated with this request.

Staff recommends approval of Resolution #16-08-143 vacating a portion of drainage and utility easement on Outlot A, A.E.C. Energy Park Fourth Addition, contingent upon successful recording of the plat known as KNOLL PROPERTIES.

Motion to adopt Resolution #16-08-143 vacating a portion of drainage and utility easement on Outlot A, A.E.C. Energy Park Fourth Addition, contingent upon successful recording of the plat known as KNOLL PROPERTIES.