PUBLIC HEARING: Adopt Ordinance #19-08 Vacating Underlying Easements for Harvest Estates 2nd Addition

The purpose of this case is to vacate underlying drainage and utility easements for Harvest Estates 2nd Addition, a fifteen (15) lot residential subdivision. The site is generally located at the site of the old municipal center, east of Nowthen Boulevard and south of Alpine Drive. The lot is legally described as Lot 25, Block 1 Harvest Estates (the "Subject Property"). The Final Plat was approved by the City Council on April 9, 2019.

Notifications of this proposal were sent via Standard US Mail to Property Owners within 700 feet of the Property, as reflected by Anoka County Property Records.

Harvest Estates: The plat shows 15 detached villas. The proposal now meets all the requirements of the new, R-1 Detached Villa residential district regulations. The plan was updated to show additional trees along the southern property line, per the recommendation of the Planning Commission and City Council during the preliminary plat stage. Underlying drainage and utility easements need to be vacated, which will be replaced with new easements in similar locations on the new plat. This is the final step before the land can be purchased by the Applicant and Final Plat recorded. The Final Plat has been approved by the City Council.

Vacating underlying (existing) easements and encumbrances is a standard development activity that will ensure clean title and avoids potential future legal and title conflicts.

Alternatives:

1. Adopt Ordinance #19-08 Vacating Underlying Drainage and Utility Easements for Harvest Estates 2nd Addition. This would allow the final plat to be recorded with new drainage and utility easements.
2. Deny Ordinance #19-08 Vacating Underlying Drainage and Utility Easements for Harvest Estates 2nd Addition. This would require the final plat be recorded with existing drainage and utility easements and staff would need to come forward to a future meeting to request the vacation of easements across future street areas. Staff does not support this alternative, as there are sufficient drainage and utility easements proposed on the new plat.

All costs associated with processing the Application are the responsibility of the Applicant. The project includes the purchase of the Subject Property from the City of Ramsey.

Staff recommends vacating underlying drainage and utility easements, which will be replaced with new easements at time of recording of the final plat. This is a standard step in all plats where preexisting drainage and utility easements exist. The Final Plat is approved at this time.

Motion to waive the Charter requirement to read the ordinance aloud and adopt Ordinance #19-08 Vacating Underlying Easements for Harvest Estates 2nd Addition.

Roll Call Vote

Councilmember Musgrove
Councilmember Kuzma
Councilmember Shryock
Councilmember Riley
Councilmember Heinrich
Mayor LeTourneau