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Home My WebLink AboutVC95-05 Vacation RESOLUTION 95-86 RESOLUTION PROVIDING FOR THE VACATION OF A DRAINAGE AND UTILITY EASEMENT LOCATED BETWEEN LOTS 2 AND 3, BLOCK 1, THE WILDS MOTION BY: GREENFIELD. SECOND BY: KEDROWSKI WHEREAS, a petition for to vacate a Drainage and Utility Easement located between Lots 2 and 3, Block I, The Wilds, has been duly presented to the City of Prior Lake, signed by a majority of the owners of the property abutting the following described Drainage and Utility Easement situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: A 10.00 foot wide easement for drainage and utility purposes lying over, under and across, that part of Lots 2 and 3, Block 1, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota, described as follows: All that part of the westerly 5.00 feet of said Lot 2 and the easterly 5.00 feet of said Lot 3, lying south of the north 10.00 feet of said Lots 2 and 3 and lying north of the following described line: beginning at a point on the east line of said Lot 2, distant 65.43 feet north of the southeast corner thereof to a point on the west line of said Lot 3, distant 50.00 feet north of the southwest corner thereof, and there terminating. WHEREAS, notice of the hearing on said petition has been duly published and posted in accordance with the applicable Minnesota Statutes, and WHEREAS, a Public Hearing was held on said petition on Monday, September 5, 1995, at 7:45 p.m. in the Council Chambers at the Prior Lake Fire Station #1; and WHEREAS, the City Council then proceeded to hear all persons interested in said petition and persons interested afforded the opportunity to present their views and objections to the granting of said petition; and WHEREAS, the City Council of Prior Lake has determined that the vacation of said Drainage and Utility Easement would be in the public interest. NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statues 412.851, the above described Drainage and Utility Easement situated in the City of Prior Lake, Scott County, Minnesota is hereby vacated. "RS9586" I 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER BE IT FURTHER RESOLVED that this Resolution will be forwarded to the Office of the County Recorder, Scott County, for appropriate action. Passed and adopted this 5th day of September, 1995. YES NO ANDREN x ANDREN -- GREENFIELD x GREENFIELD -- KEDROWSKI x KEDROWSKI -- SCHENCK x SCHENCK -- SCOTT Absent SCOTT {Seal} .. Iq~ B, "RS9586" 2 AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: ALTERNATIVES: STAFF AGENDA REPORT 6A DEB GARROSS, ASSISTANT CITY PLANNER PUBLIC HEARING TO CONSIDER VACATION OF A DRAINAGE AND UTILITY EASEMENT WITHIN THE PLAT OF THE WILDS SEPTEMBER 5,1995 The purpose of this public hearing is to consider a petition by Prior Lake Development L.P. to vacate part of the Drainage and Utility Easement platted within Lots 2 and 3, Block 1, The Wilds. See attached map for reference to the vacation subject site). The applicant filed the vacation petition in order to allow for the combination of Lots 2 and 3, Block 1, The Wilds into one buildable lot. Staff mailed notice to all affected property owners and utility companies. No objections were raised regarding the proposed easement vacation. In a vacation request, the City must determine whether there is a public need or anticipated future need for the dedicated property. In this case, a single family home will be constructed over the common property line therefore, there is no public need for the existing easement. The recommendation from staff is to approve attached Resolution 95-86 authorizing the vacation of the easement as legally described therein. 1. Approve Resolution 95-86 authorizing the vacation of the easement platted between Lots 2 and 3, Block 1, The Wilds as legally described therein. 2. Table or continue this item for further information as per Council discussion. 3. Find a public need to retain the easement and deny the petition for vacation. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RECOMMENDATION: Alternative #1. ACTION REQUIRED: A motion to adopt Resolution 95-86. e the public hearing is required. To: The City of Prior Lake From: Timn F. Jacobs- Prior Lake Development Re: Consolidation of lots 2 and 3 Block 1 The Wilds The only property owner adjacent to the proposed vacation site is Prior Lake Development. Address: 2500 Wilds Parkway, Prior Lake, Mn. 55372 Thank you Timn F.Jacobs Word 1 lJHO ~'l'OftS . ow. tNCINlIJIS t.AHD PlA~S. LAND$CAP( AIIOtyttTS 7.~22 Enterprise Dri... Mendola Height.. IAN :;';"0 (812) 881-191~ FAX: 681-9~8 625 Highway 10 N.E. Blaine. MN 55434 (612) 783-1880 FAX: 783-1883 Certificate of Survey for: PRIOR LAKE DEVELOPMENT ~ o o ~ ..... CD 2: 10 z 1\ --1 PROPOSED LEGAL DESCRIPTION FOR THE VACATION OF A DRAINAGE .ND UTILITY EASEMENT A 10.00 foot wide easement for drainage and utllty pu~ l)'Ing over, under and ocro.., that port of Lot. 2 and 3, B1oc1c 1, THE WLDS, according to the recorded plot thereaf, Scott County, Minnesota, clacrlbed as follows: All that port of the westerly 5.00 feet of aald Lot 2 and the easterly 5.00 feet of laid Lot 3, l)1n9 south of the north 10.00 feet of sold Lots 2 and 3 and l)1ng north of the following de8crl)ed line: bevlnnlng at a point an the east line of sold Lat 2, distant 65.-4-3 feet north of the southeast corner thereof to a point an the west line of sold Lot 3, distant SO.OO feet north of the southwest corner thereaf, and there terminating. We hereby c~rtify to Prior lake Oevelop.ent that this survey, plan or report was prepared by Ie, or under IY direct superV1Slon, and that I a. a duly licensed land surveyor under the laws of the State of Minnesota. Dated this 8th day of May, 1995. SIGNED: BY: ~ John C. larson, land Surveyor Minnesota license No. 19828 Scale: 1 inch - 100 feet 713 T 94260 .-- NOTICE OF PUBLIC HEARING TO CONSIDER VACATION OF LOTS 2 AND 3, OF BLOCK 1, THE WILDS You are hereby notified that the Prior Lake City Council will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE. (Southwest of the intersection of County Road 21 and Fish Point Road) on Monday, September 5, 1995, at 7:45 p.m. The purpose of the hearing is to consider vacating the following legally described property: Legal Description: A 10.00 foot wide easement for drainage and utility purposes lying over, under and across, that part of Lots 2 and 3, Block 1, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota, described as follows: All that part of the westerly 5.00 feet of said Lot 2 and the easterly 5.00 feet of said Lot 3, lying south of the north 10.00 feet of said Lots 2 and 3 and lying north of the following described line: beginning at a point on the east line of said Lot 2, distant 65.43 feet north of the southeast corner thereof to a point on the west line of said Lot 3, distant 50.00 feet north of the southwest corner thereof, and there terminating. or more commonly known as the vacation of the platted easement. If you wish to be heard in reference to these vacations, you should attend the hearing. Oral and written comments will be considered by the City Council. If you have questions regarding this matter, contact the Planning Department at 447-4230. Prepared this 14th day of August, 1995 by: Deb Garross Assistant City Planner TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN AUGUST 19, 1995, AND AUGUST 26,1995. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ... Minutes of the Prior Lake City Council September 5, 1995 City Manager Boyles stated that staff has requested that Item 4 (e) be removed for discussion under "Other Business MOTION BY KEDROWSKI, SECOND BY GREENFIELD TO APPROVE CONSENT AGENDA ITEMS A THRU G WITH THE EXCEPTION OF ITEM E. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, and Schenck, the motion carried. 5. PRESENTATIONS: Dr. Les Sonnabend - September 23rd School Referendum Resolution 95- 88 Expressing Support for the Prior Lake/Savage School District.- Dr. Sonnabend introduced CASE Committee member Dick Booth who discussed the need for passage of the School Referendum and reviewed the five options as they will appear on the September 26 ballot MOTION BY KEDROWSKI, SECOND BY GREENFIELD TO APPROVE RESOLUTION 95-88 SUPPORTING THE PRIOR LAKE/SAVAGE SCHOOL DISTRICT. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski and Schenck, the motion carried 6. PUBLIC HEARINGS: >- The Public Hearing to Consider Approval of Resolution 95-86 Providing for Vacation of a Drainage and Utility Easement within the plat of The Wilds. - Mayor Andren called the public hearing to order and declared a recess for 5 minutes due to the fact that the public hearing notice stated that the hearing would begin at 7:45 and it was only 7:40. Council then went to item 8A for consideration. The hearing reconvened at 8:50 p.m. MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO APPROVE RESOLUTION 95-86 PROVIDING FOR THE VACATION OF A DRAINAGE AND UTILITY EASEMENT LOCATED BETWEEN LOTS 2 AND 3 BLOCK 1 WITHIN THE WILDS. M90595.DOC 2 ... of the Prior Lake City Council September 5, 1995 MINUTES OF THE PRIOR LAKE CITY COUNCIL September 5, 1995 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Tuesday, September 5, 1995 at 7:30 p.m. in the Council Chambers. Present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, and Schenck, City Manager Boyles, Public Works Director Anderson, Planning Director Rye, Assistant Planner Garross, Parks Director Hokeness, Assistant City Engineer Wingard, City Attorney Rathke and Recording Secretary Birch. Councilmember Scott was absent 2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS COUNCIL MEETING MINUTES. MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO APPROVE THE MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Greenfield, and Kedrowski. Councilmember Schenck abstained because he was absent during the last meeting. The motion carried. 4. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of Amendment #1 to Developer's Agreement for Cardinal Ridge 1st Addition. C. Consider Approval of Contractual Agreement Between the City of Prior Lake and the State of Minnesota, Department of Administration Building Codes and Standards Division. D. Consider Approval of Final Plat and Developer's Agreement for Cardinal Ridge Third Addition. Resolution 95-87 E. Consider Approval of Developer's Agreement for Wilderness Ponds. F. Consider Approval of Change Order #1 for Industrial Park Storm Sewer. G. Consider Adoption of Ordinance 95-14 Amending Zoning Ordinance to Allow Accessory Structures within the B-P, Business Park Zone. M90595.DOC 1 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER vc q6" - &; tVra\.V -7 P!Dt :;)5' 2,.0)7 a 02-..0 CITY OF PRIOR LAKE APPLICATION FOR STREE'l', ALLEY AND UTILITY VACATION Applicant: r~ ,Ol2. l.t).Jc=.e 06Ve.L.OPf\'l~ Address: '2-5"00 WIl,.v.;)~ PAa.ft:. \,.lA-to( Bane Phone: ii)rk phone:~5'- 445T Property Cwner: ~'OIC. LAKE' CE'Vet..t)f'MeJQ'V =~e;~ne: I S~f\~1 C ii)rk Phone: , I 1. I . Legal Descu.ption of Site to be Vacated: --W2:r, 1,..," BL.oe.lc:::. I nil:. Wlv~ ., '" !Eason for Df4qUest: (May Attach) Wta AYl.E' COV\~J1\Ja1~ 2. 5~~~ l..0t:5 ~~.t ~ BU>t.f~ IN'\'[) J l..~~ LOt- ~, "'\, ."" .-....; SJBMISSION REOUIREMENI'S: (A) Q)rrpleted Application fenn. (B) Complete Legal description & Property Identification Nt.mi:>er (pm). ~C) Complete legal description of vacation site. "to) Petition or letter including the signatures and addresses of all property owners who own land adjacent to the proposed vacation site."fE) Certified SUrvey of the proposed vacation site. (F) Filing Fee. ONLY COMPLEI'E APPLICATIONS mALL BE. RE.VIrl'lEI> BY THE CITY COUN:IL. mIS SEX:TION ro BE FILLED OUT BY THE PLANNIN:; DIRECl'OR CITY romoL ~PROVED DENIED 9 ~ 5-16 HFARIN:; DA.TE roIDITIONS:-/1pfJfivuJ A5 (J J Jl. (!,.tJ..;nUJ 7<-tM luh t7Yl 95 - 8 Co . JJ7Jd;;/!A-UJ ) Signature 0 the Planning Director 9-~rq6 late ;f IISlJ . t1J~. !t.10c1 o - /-1'5"' ~ (lJ GUt t- ~ (;, d,7Co July 27, 1995 Mr. Timn Jacobs Prior Lake Development 2500 Wilds Parkway Prior Lake, MN 55372 Dear Timn: This letter is in regard to the application for vacation of utility and drainage easement within Lots 2 and 3, Block 1, The Wilds. Please be advised the application for easement vacation has been received by the City of Prior Lake, however the fee of $1 00 has not been submitted. T~application is considered incomplete at this time due to the standing application fee. City Staff will begin the formal review process for the vacation application upon receipt of the fee. If you have any questions regarding this application please contact me directly at 447-4230. Sincerely, ft-hbt (/'Ch~/ Deb Garross rru~ DG/cmc WL72795.DOC PAGE 1 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NOTICE OF PUBLIC HEARING TO CONSIDER VACATION OF LOTS 2 AND 3, OF BLOCK 1, THE WILDS You are hereby notified that the Prior Lake City Council will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE. (Southwest of the intersection of County Road 2i and Fish Point Road) on Monday, September 5, 1995, at 7:45 p.m. Tne purpose of the hearing is to consider vacating the following legally described property: ~.... Legal Description: A 10.00 foot wide easement for drainage and utility purposes lying over, under and across, that part of Lots 2 and 3, Block 1, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota, described as follows: All that part of the westerly 5.00 feet of said Lot 2 and the easterly 5.00 feet of said Lot 3, lying south of the north 10.00 feet of said Lots 2 and 3 and lying north of the following described line: beginning at a point on the east line of said Lot 2, distant 65.43 feet north of the southeast comer thereof to a point on the west line of said Lot 3, distant 50.00 feet north of the southwest corner thereof, and there terminating. or more commonly known as the vacation of the platted easement. If you wish to be heard in reference to these vacations, you should attend the hearing. Orai and written comments will be considered by the City Council. If you have questions regarding this matter, contact the Planning Department at 447-4230. Prepared this 14th day of August, 1995 by: Deb Garross Assistant City Planner ~ TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN AUGUST 19, 1995, AND AUGUST 26,1995. ;;-/27-9)/ Minnegasco has no facilities within the above described area and has no objection to its vacation. Thank you for the advance notice. JJ(~ ~ Steven~on Bargen ~/L- Real Estate Specialist Minnegasco \.NCJ SMWlatI . aw. DaIGJIS l.NG~. ~ NlCM1ttfl 2~22 E"'",p,i... Oriv.. 1A,,"doto Heiqhls. IAN ~';1 20 (812) 881-1914 F'AX:881-9488 625 Hlqhwoy 10 H.E. Blaine. IAN 55434 (812) 783-1 BeO F' AX: 783-1883 Certificate of Survey for: PRIOR LAKE DEVELOPMENT .-, L r ~ 8 ~ ,... IlO 2: -.. 10 l/~( z r\ J. PROPOSED l.EGAL DESCRIPTION FOR THE VACATION OF A DRAINAGE AND UTIUTY EASEMENT A 10.00 foot wide eanment for clralnCICJe and utllty pu"... I~g over, under and aeron, that part of Lot. 2 and J, Block 1, 1liE 'MlDs, according to the recorded plat thereof, Scott County, Mlnneeota, deeaIMd as follows: All that part of the waterly 5.00 fMt of *lid Lot 2 and the easterly 5.00 feet of 8CI1cl Lot 3, lying eouth of the north 10.00 feet of 80Icl Lot. 2 and 3 and lying north of the following dncrf)ed line: beginning at a point on the east line of said Lot 2. dIstant 65.43 feet north of the eoutheast comer thereof to a point on the weat line of 80Id Lot 3, dlstant 50.00 feet north of the southwest comer thereaf, and there terminating. We hereby certify to Prior Lake oevelopeent that this survey, plan or report vas prepared by ee, or under ey direct supervision, and that I a. a duly licensed land surveyor under the lavs of the State of "innesota. Dated this 8th day of nay, 1"5. SIGHED: BY: t:' John C. Larson, LInd Surveyor "innesota licsn.. NO. 1'828 Scale: 1 inch - 100 feet 713 T 94260 ---. 2 .... ... ~ -t L-: fTI 2 .... r ~ " :J;;. i: - . r ~ 1IC f1'\ ~ - r o (f) ~ o c: .... r o .... //" .-// -+: ..C't~i,..' , 1- """ i IJI ,~~ ~ o c: -I r ~ '" m . . . l , o. C -I r ~ LAHO SUR'JE'IQRS . OVIL ENGINEERS LAND PlANNERS. LANDSCAPE ARCHl1t:CTS 2422 El'lterprlse Drive Mendota Heights. MN 55120 (812) 881-1914 FAX:881-9488 625 Highway 10 N.E. Blaine, MN 55434 (812) 783-1880 FAX: 783-1883 Certificate of Survey for: PRIOR LAKE DEVELOPMENT ,.. \...-~4 : r.J ~ . o o ~ ,.... lID Z 10 ,^ z (' ~ PROPOSED LEGAL DESCRIPTION FOR THE VACATION OF A DRAIN'" AND UTIUTY EASEMENT A 10.00 foot wide ea.-nent for drain. and utllty purpa... lying over, und.. and aeron. that part of Lot. 2 and 3. Block 1, 1HE WIlDS, according to the recorded plat th..eof. Scott County, Minnesota, d...A I)ed as follows: All that part of the wnter1y 5.00 feet of MIld Lot 2 and the eaet.-1y 5.00 . feet of laid Lot 3, l)4ng eouth of the north 10.00 feet of aaIcI Lot. 2 and 3 and l)4ng north of the following ~ tine: b89lnnlng at a point GA. the east line of said Lot 2. dlltant 65.43 feet north of the aoutheaat com.. thereof to a point on the west Ifne of eold Lot 3. dletant 50.00 feet north of the southwest corn.. th..eof. and th..e terminating. . . We hereby certify to Prior Lake oevelopeent that this survey, plan or report Mas prepared by .e, or under .y direct supervision, and that I a. a duly licensed land surveyor under the laws of the state of "innesota. Dated this 8th day of "ay, 1995. IV: ~ John C. Lareon, Land Surveyor "innesota License No. 19828 SIGNED: Scale: 1 inch - 100 feet 713 T94260