01-19-2016 Planning Commission Packet

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, #1�38D0 Jenuary 14,2016 Pepe 3 of 3 the easemant exists,and combining it with theiur existing land,continuation of the easement will bisect their combined parcel and cause potential future issues. The ability to vacate the easement relies primarily on whether there are existing utilities in the easement and whether it is over an actual topographi�c drainageway. Neither condition is apparent; we are waiting for additional word from the public utility companies for confirmation they have no facilities in the easemen�. The portion of easement remaining in the MacMillan property will not be vaca.ted.Brooks has agreed to grant a replacement easement 10' in width along his side of the new lot line, connecting the existing MacMillan easement next to the pond with the existing 10' D&U easement that straddles the easterly lot line between Lot� 2 and 3 {see Swvey). Staff is anticipating hearing from the MnDNR as to whether the art�cial lake abutting the properties is a `public water'. If so, MnDNR will review the vacation r�quest and make comments. No objec�ion is anticipated. City Criteria for Vacation Zotung Code Section 78-9 governs the vacation of streets, alleys and public grounds. In past vacation requests,the City has determined that vacation may be appropriate when: 1. The vacation does not affect access to or use of any adjoining property. 2. The City has not and does not intend to develop, improve, or use the dedicated easement. 3. The easement as it exists serves no public purpose. It is staff's opinion that these three conditions are applicable to this application. A review of the City's utility maps indicates there are no City utilities within the easement azea The public utility c,flmpanies (gas, electric, telephone, cable} have been notified of the proposal and as of this writing only one has responded(Centerpoint—no objection). Staff Recommendation Staff recommends approval of the vacation application for the easement as identified in the attached materials, subject to: 1} Brooks to granf a replacement 10' D&U easement as showzi in the attached materials. 2) The vacation to become effective only upon completion of the administrative lot line rearxangement and receipt of the replacement easement.