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Home My WebLink About7A - Easement Vacation Public H CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: OCTOBER 20, 2003 7A JANE KANSIER, PLANNING COORDINATOR AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION VACATING THE EXISTING DRAINAGE AND UTILITY EASEMENTS AND A PORTION OF THE DULUTH AVENUE RIGHT-OF- WAY LOCATED ON AND ADJACENT TO THE US POST OFFICE SITE (Case File #03-115) DISCUSSION: History: Lots 1 and 2, Block 1, Enivid First Addition were platted in August, 1990. The plat dedicated several easements along the interior lot lines and the southwest comer of the site. The plat also dedicated a portion of Duluth Avenue along the west property boundary. In 1999, the US Postal Service purchased this site for the construction of a new post office facility. That project was place on hold until early this spring. In the last year, the City has also been working on a design for the future ring road, extending from Franklin Trail to Duluth Avenue. That project is expected to begin construction in 2004. The purpose ofthis application is to facilitate both the construction of the post office and the ring road. The vacation of the existing utility easements will provide additional land, and a better arrangement for the new building. At the same time, the Postal Service will dedicate new easements to cover the existing utilities and the new storm water pond. The Postal Service will also dedicate a road easement for the realignment of Duluth Avenue as part ofthe ring road construction. Current Circumstances: The Planning Commission reviewed this vacation request on October 13,2003. 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." One of the goals ofthe Comprehensive Plan is to ''plan for access to and movement of people, goods and services." Policies to meet this goal include cooperation with the County and State to keep 1:\03 files\03 vacations\post office\cc report.doc . f . I k WWW.cltyopnorae.com Page I Phone 952.447.4230 / Fax 952.447.4245 ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: through-traffic on arterials with a minimum disruption oflocal circulation and to provide access to arterials and major collector streets by public streets only. Chapter 4 of the Comprehensive Plan also discusses specific recommendations for the TH 13 corridor. The plan recommends the establishment of "back street" connections whenever possible. The proposed vacation of this portion of Duluth Avenue will facilitate construction ofthe ring road. As part of the vacation, the Postal Service will provide the City with a road easement necessary for the ring road alignment. 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 of the Comprehensive Plan. The existing utilities will be protected by the dedication ofthe new easements. Conclusion: The Planning Commission and the staff recommend approval ofthe requested vacation. 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. The Planning Commission and staff recommend Alternative #1. A motion and second to adopt a Resolution approving the vacation of the right-of-way and easements subject to the listed condition is required. Manager 1:\03 files\03 vacations\post office\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 EASEMENTS AND A PORTION OF THE DULUTH AVENUE RIGHT-OF-WAY LOCATED ON AND ADJACENT TO LOTS 1-2, BLOCK 1, ENIVID FIRST ADDITION WHEREAS, MOTION BY: SECOND BY: A petition for the vacation of the existing drainage and utilities easements and a portion of the Duluth Avenue right-of-way located on and adjacent to Lots 1-2, Block 1, Enivid First Addition, 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 (Right-of-Way): That part of Duluth Avenue as shown on Enivid First Addition, according to said plat on file and of record in the office of the County Recorder, Scott County, Minnesota, described as follows: Commencing at the Southwest corner of Lot 1 , Biock 1, in said plat; thence North 12 degrees 50 minutes 33 seconds West, assumed bearing along the West line of said Lot 1, a distance of 1.14 feet to the point of beginning; thence Northerly a distance of 148.77 feet along a tangential curve concave to the East, having a radius of 267.40 feet, and a central angle of 31 degrees 52 minutes 37 seconds; thence South 28 degrees 52 minutes 05 seconds West, a distance of 151.13 feet; thence South 61 degrees 03 minutes 00 seconds East a distance of 24.67 feet; thence Easterly a distance of 37.66 feet along a tangential curve concave to the North having a radius of 65.33 feet and a central angle of 33 degrees 01 minutes 43 seconds; thence North 85 degrees 55 minutes 27 seconds East, tangent to last described curve, a distance of 8.34 feet to the point of beginning. AND Legal Description (Drainage and Utility Easements): All drainage and utility easements as delineated and dedicated on ENEVID 1ST ADDTION, according to the recorded plat thereof, Scott County, Minnesota, lying over, under and across the following described property: Lots 1 and 2, Block 1, ENEVID 1 ST ADDITION, according to the recorded plat thereof, Scott County, Minnesota. WHEREAS, Notice of the hearing has been duly published and posted in accordance with the applicable 1:103 filesl03 vacalionslposl officelresolulion.doc Page 1 www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 Minnesota Statutes, and WHEREAS, A Public Hearing was held on said petition on Monday, October 20, 2003, at 8:30 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, New right-of-way and drainage and utility easements will be dedicated to the City to allow the construction of the ring road and to maintain the existing utilities, so the existing right-of-way and drainage and utility easements are not necessary for the maintenance of public utilities. 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 right-of-way and easements would be in the public interest. 3. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easements are hereby vacated: Legal Description (Right-of-Way): That part of Duluth Avenue as shown on Enivid First Addition, according to said plat on file and of record in the office of the County Recorder, Scott County, Minnesota, described as follows: Commencing at the Southwest corner of Lot 1, Block 1, in said plat; thence North 12 degrees 50 minutes 33 seconds West, assumed bearing along the West line of said Lot 1, a distance of 1.14 feet to the point of beginning; thence Northerly a distance of 148.77 feet along a tangential curve concave to the East, having a radius of 267.40 feet, and a central angle of 31 degrees 52 minutes 37 seconds; thence South 28 degrees 52 minutes 05 seconds West, a distance of 151.13 feet; thence South 61 degrees 03 minutes 00 seconds East a distance of 24.67 feet; thence Easterly a distance of 37.66 feet along a tangential curve concave to the North having a radius of 65.33 feet and a central angle of 33 degrees 01 minutes 43 seconds; thence North 85 degrees 55 minutes 27 seconds East, tangent to last described curve, a distance of 8.34 feet to the point of beginning. AND Legal Description (Drainage and Utility Easements): All drainage and utility easements as delineated and dedicated on ENEVID 1ST ADDTION, according to the recorded plat thereof, Scott County, Minnesota, lying over, under and across the following described property: Lots 1 and 2, Block 1, ENEVID 1 ST ADDITION, according to the recorded plat thereof, Scott County, Minnesota. 1:\03 files\03 vacations\post office\resolution.doc Page 2 4. The vacation of said right-of-way and drainage and utility easements is in the public interest. Passed and adopted this 20th day of October, 2003. Hauaen Haugen Blomberq BlomberQ LeMair LeMair Petersen Petersen Zieska Zieska YES NO {Seal} Frank Boyles, City Manager 1:103 filesl03 vacationslpost officelresolution.doc Page 3 .; [Ln .s l ,.. , , I ld .. ; I " 2i I C '0 I . " , II, '" l I - T' 'II I 0 r " 0' I. - .2., j , . ; 'l'l ." , .c . Ii I ;,;" . I'-j . m I ;:=~ '" , ~~j~ (' :;jh~ I I L- .." .. .. 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