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Home My WebLink About7A - Easement Vacation CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: SEPTEMBER 15, 2003 7A JANE KANSIER, PLANNING COORDINATOR AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION VACATING THE EXISTING DRAINAGE AND UTILITY EASEMENTS LOCATED ON THE PROPERTY AT 6063 150TH STREET SE DISCUSSION: History: In 1978, the City of Prior Lake acquired a storm sewer easement on the property located at 6063 l50th Street SE. As part of the City's street reconstruction project this year, the City has relocated the existing storm sewer on this lot, and obtained a new easement. As a result, the original easement is no longer needed. The City, in conjunction with the property owner, has therefore filed a petition to vacate the existing easement. Current Circumstances: The Planning Commission reviewed this vacation request on September 8, 2003. The Planning Commission recommended approval of the proposed vacation. The Issues: Minnesota Statutes 412.851 allows the Council to vacate easements or right-of-way by resolution. The statute states, "no such vacation shall be made unless it appears to be in the public interest to do so." The Comprehensive Plan does not specifically discuss utility easements, other than as a function of ensuring access to public utilities. The vacation of this easement is not inconsistent with any specific goal or objective ofthe Comprehensive Plan. A new easement for the relocated storm sewer has been vacated. Conclusion: The Planning Commission and the staff recommend approval of the requested vacation. ALTERNATIVES: The City Council has three alternatives: 1. Adopt a Resolution approving the vacation. 2. Direct staff to prepare a resolution denying the vacation. 3. Defer this item and provide staff with specific direction. 1:\03 files\03 vacations\city-janick\cc report.doc .ty f . I k www.clopnorae.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 RECOMMENDED MOTION: REVIEWED BY: The Planning Connnission and staffreconnnend Alternative #1. A motion and second to adopt a Resolution approving the vacation of the right-of-way and easements is required. 1:\03 files\03 vacations\city-janick\cc report.doc Page 2 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 03-XX RESOLUTION PROVIDING FOR THE VACATION OF THE EXISTING DRAINAGE AND UTILITY EASEMENT LOCATED ON THE PROPERTY AT 6063150TH STREET SE WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, MOTION BY: SECOND BY: II I, II " :1 q II :i 'i !I fj A petition for the vacation of a portion of the existing drainage and utility easement located on the property at 6063 150th Street SE, has been duly presented to the City of Prior Lake, signed by the owners of the property abutting the following described easement situated in the City of Prior Lake, Scott County, Minnesota to wit: Legal Description: A permanent easement to install and maintain a storm sewer over and across that part of Oullot "A", plat of OAKGLENN, Scott County, Minnesota lying 5.00 feet either side of the following described lien and its extension thereof: Beginning at the Southeast corner of said Outlot "A" thence North 18 degrees, 48 minutes, 44 seconds West a distance of 79.23 feet; thence North 9 degrees, 18 minutes, 33 seconds East a distance of 78.57 feet to the North line of said Outlot "A" and there terminating. For the purposes of this description, the East line of Outlot "A" was assumed to have a bearing of North. And Notice of the hearing has been duly published and posted in accordance with the applicable Minnesota Statutes, and I, ,I ,I II :' A Public Hearing was held on said petition on Monday, September 15, 2003, at 7:00 p.m. in the Council Chambers at the Prior Lake Fire Station #1; and 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 A new drainage and utility easement for the relocated sewer line has been dedicated to the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that: 1. The above recitals are fully incorporated herein as set forth above. 2. The City Council of Prior Lake has determined that the vacation of said easement would be in the public interest. 1:103 filesl03 vacationslcity-janicklcc resolution.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 II i! 3. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easements are hereby vacated: Legal Description: A permanent easement to install and maintain a storm sewer over and across that part of Outlot "A", plat of OAKGLENN, Scott County, Minnesota lying 5/00 feet either side of the following described lien and its extension thereof: Beginning at the Southeast corner of said Outlot "A" thence North 18 degrees, 48 minutes, 44 seconds West a distance of 79.23 feet; thence North 9 degrees, 18 minutes, 33 seconds East a distance of 78.57 feet to the North line of said Outlot "A" and there terminating. For the purposes of this description, the East line of Outlot "A" was assumed to have a bearing of North. 4. The vacation of said drainage and utility easement is in the public interest. Passed and adopted this 15th day of September, 2003. YES NO Haugen Haugen BlomberQ BlomberQ LeMair LeMair Petersen Petersen Zieska Zieska {Seal} Frank Boyles, City Manager 1:103 filesl03 vacationslcity-janicklcc resolution.doc Page 2 \i..tll: Ii)'. I.dIT}' )\!l\lei'SUI1 I'r;,or J.akt', ,.ann\!~'lot.a );)'12 wr , ',.""1\ Ul.1\~. f,'"I"I( .....~.251Q )JJ/l ... ./'" . /. ,,,'500 ~\".... ",Cor / <? " <<-P // /'" ./" ~. ------ Ef>If' ~ k ,,~ ,.p:: :-<: o(\".O 00)0 .- -=r-"UTILITV'-ORAINA.c;,.f!" E,.,..N\"NT -.- Z?!o.41 ..- 11'::,; :::t J ~~j' 1 or: : .\ r(~r'rnilll'mt ca.:; !lnent. t,o in:it,;dl Hid 11I:.l.int.:dll .1 :;Lnrlll !ieWer ov~r UlrI dCr,)',;, th."lt p,lrt of O'ltlut. ",\" pIal;. of (}.tIKnL:::IHI, .Jcott Cuunt.y, !,l'infl'...!:30L.i..I lyinl~ 5.,) feu\.. eit,her ~jitl'} or I.rH~ folluwin,; tl~:;cr'jl,"'1 iir"! arid ltB l.'xl.l.'naif)n:; thereof: nel~illnin;'; aI, Llw ..ioul.h'!...I:JL 'Cornl!r or !; li.1 Outlot ",\" thl:nc" lloct.h Lf~ .-.Iel~r',~f~:3, M~ minut.er;, l.4 Gccun,j:_, W\>llt. -* dL:.:;tUllCt! of '/9.;':'J {'(~~t..l t..lH!lH:e ill)f.t.1i I) d,~,')'('e;;, LI.:1 mill'lt.". .lJ 8cconJ:; -;;1l6t a dist'lllCP of '/$.S'I r~(lt. 1;.1' tha NorLh llllL~ of ;;.d-J Uutlot "A" and ttll~J"! 1: ndl ltin' For th'~ jlllrpo:;!~S 01' thll-l d~.lCl'lpl.lull the 2:}:31; Un!,;) or s dJ Outlnt. "A" W:I:,j LJSII/lJ,~d ill tlEJV,~ 'I b')l.lrJ n-,-,; of l1orth. l\.Iso a temporll'Y I~OW3t.TUCl.i'.'/1 p-'ls'~m~nt. l:!ir"l!~ lJ.J\l ('!':!!. ,:it.her :;11- ul' t.h,' IUOV'_' J..,;,::'i:l "1 I In' ::;,jid tHmpfJr:lry o;lrHlmlmt t,1.,1 '.lxplrt~ on May 1. t')!!!. f '11'~'''Tt'rr11fy thnt Ihi~ ~Iln'.'~', III'1_".llff1'flrort ",I, r""'I":tll~1 I,,' IIW'''- ~Iml..t iii,. II In', r '1I1..'r-- , 1,.n nfl.l IIull 111111 II tlllh R"j~i!"I'n'rll."1Il1 S,.u'\-rytlt umlt-r tilt' Inw!' of tlu' SI:tlt'lI' Minu. t'~'lln.L..~ d':' """'~ L:'r: -eM _._"_ """, :/,,!17?<",'.N" N/?~ . "- '. j. i l <> N,}. ~!.~'l,..\ '1._",1..: ','./i.': NEw E ASfME:NT Dea:.b~~ To c..'TJ ~ / 50 o 50 100 / ---- / '\ ~ J,\ <2:-<V~ / ~ \: \ S,\\"/ I r'\-.. N5'29'21"W ,}. V ~ I \? ::\~'/ :\// ,/, 81.08 FEET \~y ~~ 1'1 ; /' // (t -m I // / : ~~ / / /':/ -::~ OUTLOT "A" "I ~ z N11'16'2"E ..-/'" / ()) 7-0, -/ -\ \~ f)~87,75 FEET _............- ...-\\);/ 10' 1\/1; /;~ -- L - -- - ~~l=-t/ - - - - - - 273.41'- - - - - -- 7' DRAINAGE AND UTILl1Y EASEMENT DESCRIPTION: A permanent easement to install and maintain a storm sewer over and across that part of Outlot "A" plat of OAKGLENN, Scott County, Minnesota lying 5.0 feet either side of the following described line and its extensions thereof: Commencing at the Southeast corner of said Outlot "A"; thence on an assumed bearing of west a distance of 20.68 feet to the beginning of the line to be described; thence North 5 degrees 29 minutes 21 seconds West a distance of 81.08 feet; thence North 11 degrees 16 minutes 2 seconds East a distance of 87.75 feet to the North line of said Outlot "A" and there terminating, For the purposes of this description the East line of said Outlot "A" was assumed to have a bearing of North.