Introduce Ordinance #13-09 to Vacate an Easement for Street and Utility Purposes on Lots 1 & 2 Block 1 Park 67 Industrial Park; Case of Sharp & Associates and Transwest, LLC

In 1990, the Park 67 Industrial Park plat was approved.  The plat provided standard drainage and utility easements of ten (10) feet around the perimeter of each lot.  However, a condition of the plat approval required a sixty-six (66) foot wide road easement to provide emergency vehicle access to Lots 1-3 Block 1 of the plat until such time that a public road was constructed and serving access to these lots.  That easement, which is still present today, was provided to the City by a Quit Claim Deed in 1991 as a perpetual easement for street and utility purposes over, under and across the west sixty-six (66) feet of Lots 1 & 2, Block 1 Industrial Park for the benefit of Lot 1-3 Block 1 of the same plat.

A public hearing will be held at the time the proposed Ordinance is eligible for adoption. At that time, and in accordance with State Statute and City Code, Staff will attempt to notify all property owners within 350 of the Subject Property of the Public Hearing via Standard US Mail and a Notice of Public Hearing will also be published in the Anoka County Union.

In 2004, Site Plan approval was granted for a mini storage facility located at 6100 Bunker Lake Blvd (Lot 1 Block 1 Park 67 Industrial Park). Since the easement for street and utility purposes was granted via a quit claim deed after the plat was approved, it was not reflected on the plat and thus, at the time of Site Plan review, when the easement should have been vacated, neither the City nor the Applicant had realized it was there. 

In 1995/1996, Unity Street (originally named Uranium St) was constructed.  This public road now provides access to Lots 1-3 Block 1 Park 67 Industrial Park, rendering the sixty-six (66) foot street and utility easement across the western portion of Lots 1 & 2 unnecessary.

Upon receipt of the application to vacate this easement, Staff contacted the property owner (Transwest, LLC) of Lot 2 Block 1 Park 67 Industrial Park and informed him of the request to vacate the easement.  Transwest, LLC supports the request and has co-signed the easement vacation application.

Alternatives:

Deny the easement vacation request.  As previously noted, there is now a public road that serves these three lots and the Park 67 Industrial Park plat included ten (10) foot wide drainage and utility easements around the perimeter of each lot.  The Development Agreement for this plat clearly indicated that this easement was only to remain until such time that a public road was constructed. 

Adopt Ordinance #13-09 vacating the street and utility easement over, under and across the western sixty-six (66) feet of Lots 1 and 2 Block 1 Park 67 Industrial Park.  This easement is no longer necessary and should have been vacated previously either after the construction of Unity Street or during the Site Plan review of the mini-storage facility.

Staff recommends introducing Ordinance #13-09 vacating an easement for street and utility purposes over, under and across the western sixty-six (66) feet of Lots 1 and 2 Block 1 Park 67 Industrial Park.

At the March 12, 2013 City Council meeting, the City Council authorized waiving the standard application fee and a portion of the escrow fee related to this request as this matter should have been addressed previously.  Thus, the applicants are responsible for the hard costs related to this request, including but not necessarily limited to public hearing costs and recording fees.

Motion to introduce Ordinance #13-09 to vacate an easement for street and utility purposes over, under and across the western sixty-six (66) feet of Lots 1 and 2 Block 1 Park 67 Industrial Park as shown on the attached exhibit.