PUBLIC HEARING: Adopt 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.

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. 
 

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.

The Ordinance was introduced by City Council at the January 23, 2018 meeting and is now eligible for adoption.

Alternatives:

Alternative 1: Adopt Ordinance #18-06 vacating drainage and utility easements on the recorded plats of Brookfield First and Second Additions, 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.  The City Council previously approved these vacations in 2017, but the document language was not specific enough for the vacation to be reflected in the title work.  The Final Plat of Brookfield 8th Addition dedicated new drainage and utility easements and a separate trail easement was also executed to ensure a connection between the new public sidewalk and the existing Trott Brook Trail.  Staff supports this alternative.

Alternative 2: Do not adopt Ordinance #18-06.  This would result in potential structure encroachments within old, underlying drainage and utility easements that are no longer needed.  The City Council previously approved these vacations when Resolution #17-05-111 was approved.  Staff does not support this alternative.

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 waive the Charter requirement to read the ordinance aloud and adopt Ordinance #18-06 to vacate the existing, underlying drainage and utility easements on the recorded plats of Brookfield First Addition and Brookfield Second Addition.

Roll Call Vote

Councilmember Shryock
Councilmember Riley
Councilmember LeTourneau
Councilmember Kuzma
Councilmember Johns
Mayor Strommen