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File #: RES 16-043    Version: 1 Name: Public Hearing to Vacate Easement for Lots 2A & 2B, South Oaks Pond
Type: Resolution Status: Passed
File created: 4/7/2016 In control: City Council
On agenda: 4/7/2016 Final action: 4/7/2016
Title: VACATION OF UTILITY EASEMENT, SOUTH OAKS POND, VACATION NO. V16-01
Sponsors: Jean Keely
Attachments: 1. Petition to Vacate Utility Easement V16-01, 2. Location Map

PUBLIC HEARING - Jean M. Keely, City Engineer

 

Title

 

VACATION OF UTILITY EASEMENT, SOUTH OAKS POND, VACATION NO. V16-01

 

Background

Public and written notice has been provided as required by City Charter. A petition dated February 4, 2016, was submitted to the City by Kevin & Victoria Fairchild of Blaine, Minnesota requesting vacation of a portion of a utility easement on Lots 2A & 2B, Block 1, South Oaks Pond.  This vacation is being requested in order to allow for construction of a deck off of the rear of the house.  The applicant is a single property owner who represents 100% of the affected property abutting this easement.  Before the lot was platted, the original easement belonged to Great River Energy.  They have released their control over the portion being vacated by the City.  The Engineering Department has reviewed this request and concurs with the vacation.

 

Schedule of Actions

03/03/16

Receive Petition and Order Public Hearing

04/07/16

Hold Public Hearing

 

This easement vacation is being processed under the newly adopted Charter amendment to allow easements to be vacated by resolution rather than ordinance.  Please note the public hearing process has not changed, just the adoption process.

 

Recommendation

By motion, approve the Resolution.

 

Body

WHEREAS, the City Council has received a petition dated the 4th day of February, 2016, requesting vacation of easements for utility purposes granted in the plat of South Oaks Pond; and

 

WHEREAS, the required public hearing notices were published and mailed, and the public hearing was held on the 7th day of April, 2016, at which time all persons desiring to be heard were given an opportunity to be heard.

 

 

                     NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine as follows:

 

1.                     The vacation of utility easement on Lots 2A & 2B, Block 1, South Oaks Pond is hereby approved as described:

The utility easement over, under and across Lots 2A & 2B, Block 1, South Oaks Pond, Anoka County, Minnesota, as dedicated on the recorded plat thereof , and described as follows:

 

The North 15.00 feet of the south 35.00 feet of Lots 2A and 2B, Block 1, South Oaks Pond, Anoka County, Minnesota, which lies west of the east 5.00 feet of said Lot 2A and lies easterly of the westerly 5.00 feet of said Lot 2B.

 

PASSED by the City Council of the City of Blaine this 7th day of April, 2016.