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<br />I <br /> <br />I <br /> <br />I <br /> <br />Council Meeting Minutes <br />February 8, 1994 <br /> <br />Page 3 <br /> <br />Consent Al!enda. continued <br /> <br />6. CONSIDERATION OF AUTHORIZATION TO WAIVE THE <br />READING AND ADOPT THE RESOLUTION AMENDING THE <br />LEGAL DESCRIPTION OF RESOLUTION NO. 88-59, AND <br />RESCINDING IN PART THE VACATION DESCRIBED THEREIN. <br /> <br />5 Ayes - 0 Nayes, Motion Carried <br /> <br />Public Hearin2 - 8:00-8:06 p.m. <br /> <br />City Planner Erny Mattila presented for consideration the Utility Easement Vacation <br />for Multi Techrrran Electronics. <br /> <br />The applicant requests the vacation of a sanitary sewer easement located beneath the <br />building at 82 - 2nd Ave. Multi Tech recently sold the property to Tran <br />Electronics. As a condition of the sale, Tran required Multi Tech to request the <br />vacation in order to eliminate the building's encroachment onto the easement. <br /> <br />Staff reviewed the request and has no objections, however, the property owner <br />would assume full responsibility for maintenance of the pipe. <br /> <br />After consulting with City Attorney Charlie LeFevere, staff feels it would be <br />appropriate to hold the hearing, but issues relating to the declaration of covenants <br />and restrictions should be further clarified. Creation of a document outlining those <br />covenants and restrictions would hold the property owner and all future owners <br />accountable for maintenance and upkeep of the pipe. This document should be <br />recorded at Ramsey County and attached to the abstract. Because of this, staff <br />recommends action be continued to the February 22nd Council meeting to allow for <br />time to develop those covenants. Mattila noted that the applicant's attorney stated <br />that the applicant would cooperate with terms of the covenants. However, the <br />applicant requests the opportunity to review the covenants before Council approval. <br /> <br />Fulton suggested that LeFevere be instructed to prepare that language and provide <br />for review of that language by the applicant's attorney. LeFevere read the proposed <br />language: this vacation is contingent upon receipt and recording of declaration and <br />covenants executed by the owner of the underlying property and approved by the <br />City Attorney and City Manager in which said owner accepts title to and <br />responsibility for the sanitary sewer line under the easement. The execution of this <br />resolution by the City Manager shall establish that this contingency has been <br />satisfied. <br /> <br />Samuelson asked if a two week delay would be a problem. Mattila suggested that <br />the language be added as a condition of approval or the issue could be brought back <br />on February 22nd. <br /> <br />Fulton confirmed that future property owners would be legally responsible for that <br />easement area. LeFevere said the City would relinquish full responsibility for the <br />pipe and it would be considered a private connection into the sewer system. <br /> <br />There were no comments from the audience. <br /> <br />Consent Al::enda <br /> <br />Revising Legal Desc. <br />Block 6, 1st Add. <br />Report 94--034 <br />Resolution 94--017 <br /> <br />Public Hearine: <br /> <br />Utility Easement on <br />82 - 2nd Avenue SE <br />Report 94--035 <br />