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Minutes/Edina City CounciWanuary 3, 2006 <br /> Engineer Houle explained the existing storm sewer easement blanketed the entire lot of 4212 <br /> Branson Street. He said the requested vacation was required to clear the title to this property. <br /> Mr. Houle stated the City will retain the westerly twelve feet of the parcel as a utility and <br /> drainage easement. He added that Time Warner, Qwest, Xcel Energy, Centerpoint Energy, and <br /> the City of Edina Utilities would not object to the requested vacation. Mr. Houle said staff <br /> recommended the Council grant the requested easement while retaining the westerly twelve feet <br /> as noted previously. <br /> Member Swenson asked if the homeowner was aware the City intended to retain the twelve foot <br /> utility and drainage easement. Mr. Houle replied the owner understood what the City would <br /> retain. <br /> Public Comment <br /> Gene Mattson, 4214 Branson Street, asked the meaning of the vacation and expressed concern <br /> about his property and the need for drainage. Mr. Houle explained that the City would still <br /> retain an easement over the subject property needed for maintenance of storm sewer and <br /> drainage. Member Swenson explained that the current easement covered the entire lot and the <br /> owner had requested the vacation of that part of the easement not necessary to maintain the <br /> storm sewer and drainage. <br /> Member Swenson made a motion closing the public hearing, seconded by Member Masica. <br /> Ayes: Housh, Hulbert, Masica,Swenson, Hovland <br /> Motion carried. <br /> Member Swenson introduced the following resolution and moved its adoption: <br /> RESOLUTION NO. 2006-08 <br /> VACATING OF EXISTING STORM SEWER EASEMENT <br /> 4212 BRANSON STREET <br /> WHEREAS, a motion of the City Council, on the December 6, 2005, fixed a date for a <br /> public hearing on a proposed vacation of utility easements;and <br /> WHEREAS, two weeks published and posted notice of.said hearing was given and the <br /> hearing was held on January 3, 2006, at which time all persons desiring to be heard were given <br /> an opportunity to be heard thereon,and <br /> WHEREAS, the Council deems it to be in the best interest of the City and of the public <br /> that said vacation be made;and <br /> WHEREAS, the Council considered the extent the vacation affects existing easements <br /> within the area of the vacation and the extent to which the vacation affects the authority of any <br /> persons, corporation, or municipality owning or controlling electric, telephone or cable <br /> television poles and lines, gas and sewer lines, or water pipes,mains and hydrants on or under <br /> the area of the proposed vacation to continue maintaining the same, or to enter upon such <br /> easement area or portion thereof vacated to maintain, repair, replace, remove or otherwise <br /> attend thereto: <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, <br /> Hennepin County, Minnesota, that the following described storm sewer easements are hereby <br /> vacated effective as of January 3,2006: <br /> PROPOSED LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENT TO BE <br /> VACATED: <br /> Page 2 <br />