HomeMy WebLinkAbout7A - Wilds South Easement Vacat
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
ALTERNATIVES:
CITY COUNCIL AGENDA REPORT
APRIL 16,2001
7A
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
PUBLIC HEARING TO CONSIDER APPROVAL OF A
RESOLUTION VACATING A 10' WIDE DRAINAGE AND
UTILITY EASEMENT LOCATED ON THE SOUTH SIDE OF
OUTLOT A, THE WILDS 2ND ADDITION
History: Outlot A of The Wilds 2nd Addition was originally platted in
1996. A 10' wide drainage and utility easement was platted along the
south property line of the outlot. Shamrock Development is in the
process of replatting this outlot, along with the property to the south,
as The Wilds South. Although the majority of the outlot is identified
as parkland, there are some lots included within this area. The existing
easement will encroach into the buildable area of these lots. The City
will obtain the necessary drainage and utility easements, if any,
together with the replatting.
Current Circumstances: The Planning Commission reviewed this
vacation request on March 26, 2001. 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
~pecific goal or objective of the Comprehensive Plan. The new plat
will dedicate necessary easements for this area. The approval of this
vacation would allow the construction of dwellings on the new lots.
Conclusion: The Planning Commission and the staff recommend
approval of the easement vacation.
The City Council has three alternatives:
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 /Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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RECOMMENDED
MOTION:
REVIEWED BY:
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
easement as requested is required.
anager
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01- 31
RESOLUTION 01'"
RESOLUTION PROVIDING FOR THE VACATION OF A 10' WIDE DRAINAGE AND UTILITY
EASEMENT LOCATED ON THE SOUTH SIDE OF OUTLOT A, THE WILDS 2ND ADDITION
MOTION BY:
JE
SECOND BY:
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WHEREAS, a petition for the vacation of a 10' wide drainage and utility easement located on
the south side of Outlot A, The Wilds 2nd 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:
A drainage and utility easement lying over, under and across the south 10.00 feet
of Outlot A, THE WILDS 2ND ADDITION, according to the recorded plats thereof,
Scott County, Minnesota, as delineated and dedicated on said THE WILDS 2ND
ADDITION.
And
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, April 16, 2001, at 7:30 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, the City Council of Prior Lake has determined that the vacation of said easement
would be in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to
Minnesota Statues 412.851, the following described drainage and utility easement situated in
Wensmann 151 Addition is hereby vacated:
LeQal Description
A drainage and utility easement lying over, under and across the south 10.00 feet of Outlot A, THE
WILDS 2ND ADDITION, according to the recorded plats thereof, Scott County, Minnesota, as
delineated and dedicated on said THE WILDS 2ND ADDITION.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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BE IT FURTHER RESOLVED, this Resolution will be forwarded to the Office of the County Recorder,
Scott County, for appropriate action.
Passed and adopted this 161h day of April, 2001.
YES
NO
Mader Mader
Gundlach Gundlach
Ericson Ericson
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
City of Prior Lake
{Seal}
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