05-13-2002 Council Packet - Laserfiche WebLink

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REQUEST FOR COUNCIL ACTION DATE: May 9.2002 ITEM NO: / 3 Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: Item Description: Release of Easemtmts on Orono Oaks Properties Agenda Section: City Administrator's Report As part of the Highway 12 upgrade project, Mn/DOT is purchasing several parcels on Orono Oaks Drive as right-of-way for the new' roadway. Three of these parcels have wetlands in the planned right-of-way which are to be filled as part of the Highway 12 project. The City has approved the preliminary design plan which includes the filling of these wetland areas. During the process of finalizing the acquisition of these properties. Mn/DOT discovered that at the time of the subdivision approval, the City had taken conserv ation and fiowage easements over the wetlands on the properties. In order for Mn/DOT to proceed w ith the acquisition of the properties, it is necessary that these easements be released; otherw ise, Mn/DOT could acquire the properties and still not be able to proceed with work that would impact the wetlands. From the City ’s standpoint, it is important that prior to releasing the easements, the City should be assured that the wetland impacts will be properly mitigated. The Minnehaha Creek Watershed District (MCWD) is the local governmental unit responsible for administering the Wetland Conservation Act’s wetland protection and mitigation requirements. I have discussed this issue w ith ‘■.‘aff at the MCWD who assured me that the MCWD will ensure all wetland impacts along the Highway 12 corridor are properly mitigated through the District’s permitting process. 1 he City Attorney has indicated the easements can be released either through a release of easement document or by a Quit Claim Deed. Mn/DOT has prepared Quit Claim Deeds for the easements on the three properties. The City Attorney has reviewed the Quit Claim Deeds, and has indicated they are in proper form for e.xecution. Staff Recommendation Based on the MC WD’s required permitting process to ensure proper mitigation of wetland impacts, staff recommends approval of the Quit Claim Deeds releasing the City ’s interest in the easements. COUNCIL ACTION REQUESTED: Motion to approve the Quit Claim Deeds releasing the City ’s interest in the conservation and fiowage easements over the wetlands in the right-of-way needed by Mn/DOT for the Highway 12 project on properties at 1290,1260 and 1230 Orono Oaks Drive. 'I J