HomeMy WebLinkAbout7B - Wensmann 1st Easement
f
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
APRIL 16,2001
7B
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 WENSMANN 1sT ADDITION
History: This drainage and utility easement is located in the western
portion of Wensmann 1 st Addition, and is included within Lot 4,
Block 1, Lots 29-32, and 37, Block 5, and Lots 4, 10, 11,30-33, Block
6. The easement was originally platted in The Wilds 4th Addition.
Wensmann 1st Addition was platted in 2000. This existing 10' wide
easement was not vacated prior to the final plat approval, so the
easement encroaches into the buildable area of the new lots. The
vacation of this easement is necessary to build on the affected lots.
The necessary drainage and utility easements for the new lots were
dedicated in the final plat of Wensmann 1 sl Addition.
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
specific goal or objective of the Comprehensive Plan. The necessary
easements were included in Wensmann }"I Addition. There is no
public need for this 10' easement. Vacation of the easement will allow
construction on the new lots.
Conclusion: The Planning Commission and the staff recommend
approval of the easement vacation.
1:\0] files\O] vacations\O 1-0 13\0] -OJ 3 cc report. doc Page I
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
rT-
]
. 1
'''iT
AL TERNA TIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
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
easement as requested is required.
1:\0 lfi1es\O] vacations\O 1-0 13\0] -0] 3 cc report. doc
Page 2
3r
RESOLUTION 01-1-
RESOLUTION PROVIDING FOR THE VACATION OF A 10' WIDE DRAINAGE AND UTILITY
EASEMENT LOCATED IN WENSMANN 1ST ADDITION
MOTION BY:
0~
SECOND BY:
J:t
WHEREAS, a petition for the vacation of a 10' wide drainage and utility easement located in
Wensmann 1 sl 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:
All drainage and utility easements delineated and dedicated on THE WILDS 2ND
ADDITION and THE WILDS 4TH ADDITION, according to the recorded plats
thereof, Scott County, Minnesota, which lie within the boundaries of Outlot C, said
THE WILDS 4TH 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 1st Addition is hereby vacated:
Leqal Description
All drainage and utility easements delineated and dedicated on THE WILDS 2ND ADDITION and THE
WILDS 4TH ADDITION, according to the recorded plats thereof, Scott County, Minnesota, which lie
within the boundaries of Outlot C, said THE WILDS 4TH ADDITION.
1:\01 files\Olvacations\Ol-O 13\rsO 1 xxcc.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
111
I
[1,1
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.
Mader Mader
Gundlach Gundlach
Ericson Ericson
Petersen Petersen
Zieska Zieska
YES
NO
Frank Boyles, City Manager
City of Prior Lake
{Seal}
1:\0 lfiles\O 1 vacations\O 1-013\rs01xxcc.doc
Page 2
8~
S." ~...,
;;;. ..OUIY [.st...., Pl" ":-" wt.: '
~ DOC NO J2_2 -=__::..... _ _ _ :;..;sr-- _ __
-- ---,------ '-'- ~.., t ---_.._........-..:.-.--:::~.
IS 7' ~",-- - .,.....~- - - --"",.. -.. _.. _ -..c'::---" .''>-Co "" ';'''~
,--- - .:....,..;-- ""', ----..:~ '.....,
2~1 , " " J'
I, , - J
I _---J '.. .; ,
r j/ /'
Q~"
,
I Il';'i .' /'....,
.~ d!;<<~ /,' ',~~.
( i~~ ~~ " /
" ~~ C> /
! '\ F ~ : l
I .. \......... I :
I~,;I ", , I
:~~ .........., --"\ )'
I:::~ ...- \ , :
I~,!i ,', '-
IO~ I/'
I ; /' 1/
I ''''... '/
2~1/::'CP /
'1' r 1/
1,-;" 'i
~, ----... ,
:;251 _" ~':~
.. I L--~ .
I ..~IIO 00 \
......~~i.06.(__,_... "-
) ---)
,,---
,')..:
/~
~
I
I
... I
0" .1-
. ':>JI'"~,
. ~~~
1 r....
,/ .......
1~
Ut
~
:t!
(I)
:il
,..,
,..,
-1
......
(')
P
::0
!='
01
N
-
,
,
,
,
.
,
.
iIO
oc:
I ~E
z:l
I P,:
-: w..
~~
j ~~
~ 'z
-,
.. ~
';:j
I
::~~~>~s
~ ~ - 'tI >
,.......0 -,.;- "-"': _..:.:-.......... ;;"::';:';:"-0/ ,
'-. -_.. ...., '011...-. , ~__./'6.~ '.
,":', . on- 15' i <3..'<>0' ~..."...; / '.
: ~~)> : ;,}<:;..~";~--------
\~- J /' ,
.. : ~ S \\\,.. ;<~\, ..../>{j;.!
- - - .,. -_. I ~~. '0;.'., / . .
- - - - 182.7;- ....... <: Ai' a:rq,1fi>.; ..;.:___________..- . ./
R-2!19,08 ~ ~ ",;.5t~ r/ ./.. \:.
~-.36 13:J.... (' ~.~ ..-;:; A.
. .....--__-......sw
"' ~ .:: .'./ ~ ": ci LL'O~
O;,,,O.6L-Q
.50.Lt
.. ...
;-- (
$<O;J I
<'~.It' I
: 1~~<<
! '
N
z --
CD
CD
d
'" .-
t.i
QI
i
~
~.
'"
'"
CD
01
:~.unun :....
I [A$[W(NT .... 1>t( '"
I" I ,'if' -.DS 4JH ADOIIIC>>C
",' /. ... -
" , 0
. "
c.?
l:)
N01'OT2S'W 187.19r
- iLDERNEsS RIDGEL.ANE
..,,....
',,(:
;Ii
;=
~
C>
, ,
" ..;
8
[;
-i
o
J~ I
1 I
I I
10:
- I
"'I
::~a';~
U~~!
....~;~
I
,
.............
/.,~ :
. ;= I
' >
\ z ,
c ,
'--/
8
?
o
-i
C
c
.
c
t.
c
1.)6.~1
.-.......
NOO.59'Q6"W
1320.48
~ ... t:~
~ N r' .
c:
l:l
...
/J
... _.~;~:
N
... -i -
al
too
...
'" '" N
!2 (.,.I
Vlg~
g-,,~
'h
o.
Ii
~;;oo~
1
(TI
r