2018-09-17 City Council Agenda Packetr
Mayor and Council Request for Action
September 13, 2018
SUBJECT: LEGAL - KARSTON COVE 5TI3 ADDITION DRAINAGE AND UTILITY EASEMENT
VACATION
RECOMMENDATION: It is respectfully requested that the Mayor and Council approve the
following resolution
MOTION TO: Approve Resolution 2018-027 Vacating Drainage and Utility Easements Within
Karston Cove 4th Addition in the City of Albertville.
BACKGROUND: In 2016, Centra North, LLC reel acted all of the lots south of 64th Street in
the Karston Cove Third Addition as Outlot A, Karston Cove 4th Addition. At that time, all Third
Addition drainage and utility easements were vacated, but the drainage and utility easements
dedicated in Karston Cove First Addition were retained on Outlot A as these cover wetlands as
delineated in 2004 and a drainage ditch that is still being used.
Earlier this year the City approved the reel at of Outlot A, Karston Cove 4th Addition into eight
residential lots and assorted outl ots in Karston Cove 5th Addition. Prior to approval of the 5th
Addition plat, Centra had to re -delineate the wetlands on the site. From 2004 to 2018, those
wetlands changed slightly in shape and size. The new wetland boundaries were shown on the
Karston Cove 5th Addition plat, and will new drainage and utility easements covering these
wetlands and ditches be dedicated to the public when the 5th Addition plat is recorded.
However, the original First Addition drainage and utility easements, which no longer match the
current wetland configuration, have not been vacated and are inconsistent with the lot
configuration approved for the Karston Cove 5th Addition. Centra is requesting that the First
Addition easements (which are still located on Outlot A, Karston Cove 4th Addition), be vacated
and be replaced with the easements that are shown on the plat of Karston Cove 5th Addition.
The City engineer has confirmed that the easements shown on the 5th Addition plat are sufficient
to cover the current wetlands and ditches on the property.
KEY ISSUES:
• The current drainage and utility easements on the property no longer match the wetlands
as most recently delineated and conflict with the proposed use of the lots as approved in
Karston Cove 5th Addition.
• The vacation of the existing easements shall be effective upon the recording of the
Karston Cove 5th Addition plat, which will dedicate the needed replacement easements.
P:1City Council\Council Packet Infonnation1201810917181RCA vacating Karston easements.docx
Meeting Date: September 17, 2018
ends Page 19
Mayor and Council Request for Action — September 17, 2018
Karston Cove 5th Addition Drainage and utility Easement Vacation. Page 2 of 2
POLICYIPRACTICES CONSIDERATIONS: It is City policy to require that all wetlands be
located within dedicated drainage and utility easements. The requested action is a technical
vacation of the existing drainage and utility easements which will occur simultaneous with the
dedication of new easements. Effectively, we are trading one set of easements for a newer set
which more accurately fits the current wetlands on the property.
FINANCIAL CONSIDERATIONS: The vacation of the drainage and utility easements and
the dedication of the new easements will have no financial impact upon the City.
LEGAL CONSIDERATIONS: The City Council has the authority to vacate easements that are
no longer needed by the City.
Department/Responsible Person: Adam Nafstad, City Administrator/PWD
Submitted Through: Adam Nafstad, City Administrator/PWD
Attachments: Resolution 2018-027
P:1City Council\Council Packet Infonnation1201810917181RCA vacating Karston easements.docx
Meeting Date: September 17, 2018
ends Page 20
CITY of ALBERTVILLE
COUNTY of WRIGHT
STATE of MINNESOTA
RESOLUTION No. 2018-027
RESOLUTION VACATING DRAINAGE AND iTILITY
EASEMENTS WITHIN KARSTON COVE 4TH ADDITION
IN THE CITY of ALBERTVILLE
WHEREAS, Centra North LLC ("Centra") is the owner of outs of A, Karston Cove 4th
Addition according to the plat of record at the Wright County Recorder's office, Wright County,
Minnesota ("Property"); and
WHEREAS, Centra has requested that the City vacate all drainage and utility easements
existing on the Property, with the understanding that replacement drainage and utility easements
will be dedicated with the recording of Karston Cove 5th Addition;
WHEREAS, the City has properly noticed and held a public hearing to consider such
vacation;
NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Minnesota
as follows:
l . The City finds that the drainage and utility easements existing on out of A of Karston
Cove Fourth Addition are no longer needed for public purposes and that it is in the
interest of the public to vacate said drainage and utility easements.
2. The City hereby vacates all of the drainage and utility easements on out of A of Karston
Cove Fourth Addition, including the drainage and utility easements dedicated on the pat
of Karston Cove First Addition as shown on out of A of Karston Cove Fourth Addition,
effective upon the recording of the Karston Cove 5th Addition plat, provided Centra pays
all of the City's costs in processing this vacation request, including the City's reasonable
attorney's fees.
Adopted by the City Council of the City of Albertville this 17th day of September, 2018.
ATTEST:
Kimberly A. Hodena, City Clerk
Jiian Hendrickson, Mayor
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