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AGENDA ITEM <br />Prepared By: J. Barnhart Reviewed By: A.Carlson Approved By: <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />1. Purpose. To adopt the resolution vacating and relocating as existing sanitary sewer easement as part <br />of the future Orchard Creek development. <br /> <br />2. MN§15.99 Application Deadline. The application was received on May 19, 2021 and considered <br />to be complete on May 27, 2021. The 60-Day review period will expire on July 26, 2021. <br /> <br />3. Background. In the review of the preliminary plat for Orchard Creek (then Orchard Hill), it was <br />noted that an existing but unused sanitary sewer easement bisected one of the planned lots. This <br />application vacates a portion of this easement, and the property owner is providing a new easement that <br />effectively reroute the easement to the proposed property lines, to be used in the event sanitary sewer <br />lines are needed in the future. This relocated easement is illustrated as Exhibit F. <br /> <br />4. Planning Commission Vote and Comment. On June 21st, the Planning Commission held a public <br />hearing. Following the public hearing, the Planning Commission voted 6-0 on a motion to approve the <br />vacation. The members of the Commission were in agreement that the vacation made sense, and the <br />replacement easement protects the city down the road. <br /> <br />5. Public Comment. No comments for or against the application have been received. <br /> <br />6. Staff Recommendation. Staff recommends the Council adopt the resolution. <br /> <br />COUNCIL ACTION REQUESTED <br />City Council should review the approval resolution and adopt or amend. <br /> <br />Exhibits <br />A. Draft Resolution <br />B. PC Minutes – draft <br />C. PC Staff report <br />D. Easement vacation exhibit <br />E. Relocated easement exhibit <br />F. Original Easement document <br /> <br />References <br />PC Staff Report & Exhibits 6-21-21 <br /> Item No.: 10 Date: July 12, 2021 <br />Item Description: LA21-000043 – Eric Luth o/b/o Onyx Performance Investment, LLC, <br />135 Orono Orchard Rd, Sanitary Sewer Easement Vacation -– Resolution <br />Presenter: Jeremy Barnhart, AICP <br />Community Development Director <br />Agenda <br />Section: <br />Consent Agenda