Introduce Ordinance #18-06 Vacating Drainage and Utility Easements and Trail Easement within Outlot A Brookfield Second Addition; Case of Brookfield Land, LLC

In May of 2017, the City Council adopted Resolution #17-05-111, which among other things, approved vacating existing, underlying drainage and utility easements and a temporary trail easement encumbering outlots associated with the first and second additions of Brookfield.  The approved resolution apparently was not specific enough in describing the underlying easements to be vacated as Brookfield Land LLC's title company has verified that they still exist (even after the recording of the approved resolution).

The purpose of this case is to reprocess the vacation of the underlying drainage and utility easements dedicated on the recorded plats of Brookfield First Addition and Brookfield Second Addition, which lie within Outlot A, Brookfield Second Addition, as well as the temporary trail easement described in Document Numbers 2013477.002 and 2013477.003. 

A Public Hearing will be scheduled when the Ordinance is considered for adoption.  As part of the Public Hearing notification process and in accordance with State statute, Staff will attempt to notify property owners within 350 feet of the subject property of the public hearing via Standard US Mail. The Public Hearing will also be noticed in the Anoka County Union Herald, the City's official newsletter for public notices.

As previously noted, in May of 2017, the City Council adopted Resolution #17-05-111, which in addition to approving the Final Plat for Brookfield 8th Addition, also approved the vacation of these underlying easements.  The plat of Brookfield 8th Addition (already recorded) dedicated new drainage and utility easements as required by City Code.  Furthermore, a new Trail Easement was provided that connects the new sidewalk to the Trott Brook Trail, so the public still has full access to that amenity.  This action will simply clean up and confirm the easement vacations that City Council had previously approved via Resolution #17-05-111.

All costs associated with this request are the responsibility of the Applicant.

Staff recommends adopting Ordinance #18-06 to vacate the existing, underlying drainage and utility easements on the recorded plats of Brookfield First Addition and Brookfield Second Addition, which lie within Outlot A, Brookfield Second Addition, along with the temporary trail easement within Outlot A, Brookfield Second Addition, created in Document Numbers 2013477.002 and 2013477.003.

Motion to introduce Ordinance #18-06 to vacate the existing, underlying drainage and utility easements on the recorded plats of Brookfield First Addition and Brookfield Second Addition, which lie within Outlot A, Brookfield Second Addition, along with the temporary trail easement within Outlot A, Brookfield Second Addition, created in Document Numbers 2013477.002 and 2013477.003.