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HomeMy WebLinkAbout9.A. Vacation of Blanket Easement 9, A, CITY OF SHAKOPEE Memorandum CASE NO.: 02-059 TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director '" . SUBJ.E'CT: Vacation of Blanket Easement on Property North ofCR 42 and East and West of CSAH 17 MEETING DATE: February 4, 2003 BACKGROUND: The original public hearing on the subject request was opened on July 2,2002, and was continued several times until October of2002. At that time concerns were expressed that the owners of properties in the Wienandt Acres had not received individual notice of the public hearing. A follow-up notice dated January 17, 2003 with an attached "release of easement" was sent to these property owners. At the time this report was prepared, staff had received 3 releases. At the time this was last considered, the applicants and their representatives had not subm*,ed an alternative legal description. Subsequently, applicant's engineer submitted an alternative legal description that proposes the retention of an easement for drainage purposes that measures 50' x 100'. The legal description was not discussed either with City engineering or County Highway Department staff prior to submitting it, so input is being sought from them as to its adequacy. ALTERNATIVES: 1. Direct staffto prepare a resolution of vacation for action at the February 18th meeting, retaining an easement as described by the applicant's engineer. 2. Direct staffto prepare a resolution denying the request for vacation for action at the February 18th meeting. 3. Table the matter for additional information. RECOMMENDATION: " Staff recommends alternative no. 1 or 2. 1 ACTION REQUESTED: Offer and pass a motion directing staff to prepare a resolution of vacation for action at the February 18th meeting, retaining an easement as described by the applicant's engineer or an alternative easement. ~ -A~~~~ R. Michael Leek Community Development Director 2 ......-..~ I I / I CSAH 42 ~ "'1 r:Il n =- ~ = ""' N ~ W*E SHAKOPEE COMMUNm'PRIDESlNcs 1&57 :s Proposed Vacation of Easement D Zoning Boundary __J Parcel Boundary . . .,~ 7'. fJ . . HYDOLOGICAL BASIS N~ furaDRAJNAGEEASEMENT on BOLDT'S ACRES in the CITY OF SHAKOPEE February 4, 2003 . . OWNERS Brian and Julie Welch 2700 Santee Trail NW, Prior Lake, 11N The reasoning for the establishment of the easement given under Appendix A (attached) is the following (given in chronological order): Drainage of Area Before 1980. Originally, the land south of Government Lot 1 and the SE ~ of the SE ~ of Section 19, Township 115 North, Range 22 West (now known as the northerly part of Weinandt Acres First and Second Addition) naturally and without easement drained across the southern portion of the property of Government Lot 1 and the SE ~ of the SE ~ of Section 19, Township 115 North, Range 22 West (now known as Boldts Acres) belonging to the above owners Brian and Julie Welch. The flow was to the west to O'Dowd Lake and to the east through a 24" culvert under County Road 17 (Marschall Road). Note: This was natural surface drainage and as stated above required no easement since,. in recorded time, it has drained the same way. Introduction ofWeinandt Acres First and Second Addition. Block 1 ofWeinandt Acres First Addition drains westerly toward O'Dowd Lake either across the Lots of that Block 1 or in the case of Lot 1, Block 1 only the northeastern portion of the lot drains northerly onto Government Lot 1 of Section 19 (Boldts Acres) just as it did before the Plat was approved. No house was built on this area. Lots 1,2 and 3, Block 2 ofWeinandt Acres First Addition drains northerly toward Boldts Acres along with Lots 1 thru 7 and 10 ofWeinandt Acres Second Addition. Call this Area A. Change in Drainage Pattern Caused by Weinandt Acres First and Second Addition. The only change in general drainage pattern of the Weinandt Acres Plats is the introduction of the 29th Avenue roadway. It created a low dam and as a result, a culvert was necessary to pass the surface water drainage to the north. This culvert is 24 inches in diameter, and is located about 80 feet west of County Road 17 Westerly Right-of-way. The water flow path is to the east to another 24 inch culvert under County Road 17. In other words, the flow from Area A (above) was concentrated into the 24 inch culvert through 29th Avenue. The Reason for Requiring an Easement On Boldts Acres. The only reason for requiring an easement on Boldts Acres is for the concentrated flow from the 24 inch culvert pipe under 29th Avenue. Since the easement for this outflow and its path to the next culvert downstream (the 24 inch culvert under Co. Rd. 17) need only connect the two culverts, the 1 of 2 , . . . 2 of 2 Drainage Easement given in Appendix A is appropriate. Since the culverts are only 24 inches (2 feet) in diameter, a 50 ft wide easement is more than ample to carry the flow from the 29th Avenue culvert easterly to the Co. Rd.l 7 culvert. What if the 29th Avenue culvert is inadequate? If a storm, regardless of rainfall quantity, duration or frequency, flows over 29th Avenue, then the surface water drainage would be the same as it was before 1980. No additional drainage easements would be required to allow the flow to enter or be handled by Boldts Acres. Will Storm Water be Backed Up on Weinandt Acres First and Second Addition and Cause Damage? No. The overflow height on 29th Avenue is 952.0 ft. The overflow height on County Road 17 is 953.9 feet. The area of property below 956.0 on Weinandt Acres First Addition Block 2 and Weinandt Acres Second Addition Block 2 does not contain any structures or houses. At the elevation of 956.0, the surface water would be relieved both by flowing over 29th Avenue 4 feet deep and flowing over County Road 17 more than 2 feet deep. These roads are both low enough to provide flood protection to the housing on Weinandt Acres First and Second Addition. Hydrologic calculations become imperfect at this point. However, it is obvious that the overflows from both roads limit the height to which stonn water can be ponded on these adjacent properties. The two 24 inch culverts would provide relief within hours of excess waters captured behind either roadway. Considering the Required Easement. Since the 'blanket easement' on Boldt Acres was not correct, the only easement necessary is for the concentrated flow from the culvert under 29th Avenue. Additional easements are not necessary since the old (pre 1980) drainage patterns on these properties has not been changed significantly. When and if Boldts Acres is re-platted by the Welchs, that will be the time to set out the drainage easements required for that development. This is not the time to second guess the needs of that development. I hereby certify that this report has been prepared by me or under my direct supervision and that I am a duly registered Professional Civil Engineer under the laws of the State of Minnesota. If you have any further questions or if I can be of any further assistance, please do not hesitate to phone or write. Sincerely, , f..t. . APPENDIX A A drainage easement on a parcel ofland in the southeast comer of the plat of Boldt's Acres, Section 19, Township 115 North, Range 22 West, Scott County, Minnesota, described as follows: Beginning at the point of intersection of the South Line of said Section 19 and the westerly Right-of-way (ROW) of Scott County Road 17 (Marschall Road); thence westerly along said South Line, a distance of 100.00 feet; thence northerly, parallel to the west line of said SE ~ of the SE ~, a distance of 50.00 feet; thence easterly, parallel to the South Line of said Section 19, to the westerly ROW of Scott County Road 17, thence southeasterly along the westerly ROW of Scott County Road 17, to the point of beginning.