HomeMy WebLinkAbout7A - Easement Vacation Balaam
X DISC SSION: History: Steven and Susan Balaam are requesting the vacation of a
b, ' e l 10' wide drainage and utility easement located on the east side ofthe
VI {If,.-- I ,01 v( property at 6096 150. Street. This easement was dedicated to the City
i~ III , ~. 0 ""L\J in 1994 when the three lots, described as Lots 10, 11 and 12,
~ ~ cP \ () f ' EASTWOOD, were combined into two new buildable lots. A new
'W '..J ~ (Of'( J , ouse was built on the west lot in 1994; there has been no construction
~~ (). . C\t.2...~, b~';\D' 0 the east lot. Mr. and Ms. Balaam own both lots at this time and
~ .uf>l~\~ \V'\{ -to .~VN ha e requested the two lots be combined into a single lot.
T~ b ,\~~
~~~ ~ ~u ~~. ~~~,v #~ Cu rent Circumstances: The Planning Commission reviewed this
~~ ~,')~ \l\..~l{I> ~~\ vac tion request on April 9, 2001. The Planning Commission
\.{ -=:> <:_\,,0 ,~ ' ~~ \r rec mmended approval of the proposed vacation.
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lO. C;~ T. e Issues: Minnesota Statutes 412.851 allows the Council to vacate
X'~ ~'6n , e ements or right-of-way by resolution. The statute states, "no such
~ >>.v,,~ \ acation 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. If the two lots
are combined, there is no need for the existing easement. None of the
perimeter easements are affected by this vacation. The Planning staff
therefore recommends approval of this request subject to the condition
that the resolution vacating this easement will not be recorded until the
combination of the lots is approved and recorded. The approval of this
vacation would allow the construction of an addition to the existing
dwelling.
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
CITY COUNCIL AGENDA REPORT
MAY 7, 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 EAST SIDE OF
THE PROPERTY AT 6096 150TH STREET
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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
_,e"'rr.- ..
~
. ,
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
Cnnr/mdnl1" The Planning Commission and the staff recommend
approval of the easement vacation.
The City Council has three alternatives:
1. Adopt a Resolution approving the vacation.
2. Direct staff to prepare ~ 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.
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Page 2
RESOLUTION 01-XX
RESOLUTION PROVIDING FOR THE VACATION OF A 10' WIDE DRAINAGE AND UTILITY
EASEMENT LOCATED ON THE EAST SIDE OF THE PROPERTY AT 6096150TH STREET
MOTION BY:
SECOND BY:
WHEREAS, a petition for the vacation of a 10' wide drainage and utility easement located on the
east side of the property at 6096 150lh Street 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 for drainage and utility purposes over the following described
property:
The west 5.00 feet of the east 25.00 feet of Lot 11, EASTWOOD, Scott County,
Minnesota; and the east 5.00 feet of the west 25.00 feet of Lot 11, EASTWOOD, Scott
County, Minnesota, except for the following described property:
That part of Lots 10, 11 and 12, EASTWOOD, Scott County, Minnesota, described as
being 10 feet on either side of the following described line:
Commencing at a point on the westerly line of said lot 10; said point being 336.03 feet
northerly of the southwest corner of said lot 10 (the west line of said lot 10 has an
assumed bearing of N 00002'53" W); thence S 83040'13" E a distance of 73.20 feet;
thence N 64036'35" E a distance of 85.48 feet to the easterly line of said lot 12 and
there terminating. Said south parallel line truncates to the westerly line of said lot 10
and the easterly line of said lot 12 and said north parallel line extends to the westerly
line of said lot 10 and the easterly line of said lot 12.
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, May 7,2001, 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
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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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,
.
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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 is hereby vacated:
Leqal Description
A permanent easement for drainage and utility purposes over the following described property:
The west 5.00 feet of the east 25.00 feet of Lot 11, EASTWOOD, Scott County, Minnesota; and the east
5.00 feet of the west 25.00 feet of Lot 11, EASTWOOD, Scott County, Minnesota, except for the
following described property:
That part of Lots 10, 11 and 12, EASTWOOD, Scott County, Minnesota, described as being 10 feet on
either side of the following described line:
Commencing at a point on the westerly line of said lot 10; said point being 336.03 feet northerly of the
southwest corner of said lot 10 (the west line of said lot 10 has an assumed bearing of N 00002'53" W);
thence S 83040'13" E a distance of 73.20 feet; thence N 64036'35" E a distance of 85.48 feet to the
easterly line of said lot 12 and there terminating. Said south parallel line truncates to the westerly line of
said lot 10 and the easterly line of said lot 12 and said north parallel line extends to the westerly line of
said lot 10 and the easterly line of said lot 12.
BE IT FURTHER RESOLVED, this Resolution will be forwarded to the Office of the County Recorder,
Scott County, for appropriate action upon the satisfaction of the following condition:
1. The documents combining the existing lots must be approved and recorded.
Passed and adopted this 7th day of May, 2001.
YES
NO
Mader Mader
Gundlach Gundlach
Ericson Ericson
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
{Seal}
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No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) flied ( vi not required
Certifijj; of R~ Estate Value No. ~
'fl . / ,19
~ ~ O<!~~
County Auditor
by
STATE DEED TAX DUE HEREON: $
Date: October 21 ,
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Oocumant No.
Cl\lca ot Co'Nnr, F!-=rear
S=tr Co1unty, Mlnr.ascta
nu. 1111. lIIInl: Inlcrmadon alllla doc::mant
~ In lIis c~c. en
1:i-I'\'4!4, IO:~ ~M
P. Boaclcman. k:!ng C;unty FiecerCar
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De lut
DOC.NO~Zg. F'.. 53p
~:::t R' P."!.~ C.rt ;;7=11,."
il1is . agrSlrar 0' "a.. Scott Counry MN
III 11. ftllng in/ormaden 0/111. doe:.:m~nl fila.:
In 1hia allies on I ;J, I '4 _~ tj
/0:30 ...I1:M.
Pal Boeekman. Ae:"c; r;~lfar ct iiaes
,19~
FOR VALUABLECONSlDERATION, Johnson-Reiland Construction, Inc.
,a corooration
, Grantor, hereby conveys and quitclaims ta
under the laws of
~innesota
lty of Prior Lake
a municipal corporation under the laws of Mi nnesota
-5..cott County. Minnesota, described as Collows:
Permanent drainage and utility easement
The west 5.00 feet, the east 5.00 feet and the south 10.00feet of the following
described property: Lot 10 and Lot 11, except the east 25.00 feet of Lot 11,
Eastwood, Scott County, Minnesota.
That part of Lots 10,11, and 12, Eastwood, Scott County, Minnesota,
described as being 10 feet on either side of the following
described line:
Commencing at a point on the westerly line of said lot 10; said
point being 336.03 feet northerly of the southwest corner of said
lot 10 (the west line of said lot 10 has an assumed bearing of N
00002'53" W); thence S 83040'13" E a distance of 73.20 feet; thence
N64036'35" E a distance of 85.48 feet to the easterly line of said
lot 12 and there terminatino.
lit moro IIPiK!e II needed. continue on bKkJ
together with all hereditaments and appurtenances belongi ereta.
s"''''''~
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STATE OF MINNESOTA
COUNTY OF ~
} B.
The ~egOiCgrS ~,~)efOre me this
by ?-'1AJ' !,{
:.
under the laws of
" CONNIE M. CARLSON
. t NO'AlY ""ue - MrMNtSa'A
, , SCOTT COUNTT
My _.don .."".. 12-2-98
ITIIIS-iNSTRUMENTWAS DRATTEn BY (NAMEANIlADDRE8S',:
Brandt Engineering and Surveying ;
I 1600 West 143rd Street I
Suite 206
Burnsville, MN 55337
, Grantee,
, real property in
By
Its
day of
;thl(,,''Yl/~
,
'19~:
4// ~ De~i7gved CjL (!uJ,;u.<<
-tz&J(e'S ace ~d ~~
/d7~/1/-j7y
Said south parallel line truncates to the westerly line of
said lot 10 and the easterly line of said lot 12 and said
north parallel line extends to the westerly line of said lot
10 and the easterly line of said lot 12.
---
NU"'C"U'" ",.n.u"u ""vu...) .II~II.. ...,.U.... ,. Of I U ~
........ "'.toll ~.. . ._........"'...
'ColflO'ltlon 01 'erln.fllllp
to CorflO'.tlon tIP' "t""....1p
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) tiled (-+not required
certlnca~eal Estate Value No.
c.LA _ -c- ;:> , 19 .fs::::::
~ ~~...,......'"'- ~
County Auditor
~~
Docuaeat ",,'1 t.1 S ~3 0 G
OFFICI! or COUNTY RECORDEIl
ICOT1' COUNTt. MINNUarA
TIlt. 18 the Ul1llfl lnfo.....tioa
af tb. d...",..at recorded la
~. ofU... DO
~A- 73 'f.!9r 10 A II
t. ao.cXaa~. County aer:ardar
by
De ut
~~ t:-::>-----
STATE DEED TAX DUE HEREON: ~..:l:
Date: ~JA-11I~UI...tL:r-1:Q ,19:I2..-
~WEU. CERTIFICATE RECEIVED
~WELL CERTIACATE NOT REQUIRED
(reserved for recording data)
FOR VALUABLE CONSIDERATION, Johnson-Reiland Construction, Inc.
,a Corporation
the State of Minnesota , Grantor, hereby conveys and quitclaims to the City of
a municipal corporation
Scott
under the laws of the State of Minnesota
County, Minnesota, described al follows:
under the laws of
Prior Lake
, Grantee,
, real property In
A permanent easement for drainage and utility purposes over the following
described property:
The east 5.00 feet and the south 10.00 feet of Lot 12, EASTWOOD, Scott
County, Minnesota
and the west 5.00 feet and the south 10.00 feet of the east 25.00 feet
of Lot 11, EASTWOOD, Scott County, Minnesota
III mor."'.... II nMded, contlnu. on backl
together with all hereditamenta and appurtenances belonging thereto.
:\ rrix Dt'ed Tax Slump I h!rt'
By
---
By
Ita
STATE OF MINNESOTA
COUNTY OF
Scott
} A.
The foregoing was acknowledged before me this
by DBn Rei 1 Bnd
the President
of Johnson-Rei l~nd ConRtrllrt'lnn Tnr
under the lawI of teState of Minnesota
[NOTAIlIAL STAMP OR lEAL (OR OTHER TITLE OR Il~NK)
I I. .1.1\. SI1tUfftR1'
1IJ'IJftt~
. IWDtA COOlfI't
\ . . Corm\. ElqlIres 2-24-91
L
:J. 0';';'
day of
94f7UIWf
err-
,19_.
and
and
if
Till Slat.m. II IDr tb. raal prDpnty d...ribad Ia Ibil Ialt.-.at mDuld
he '.D' to .hada Dune and .dd.... of O...a....).
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
74504
DDco.IID. ru.j3 "
Vol_~Po.a..3..-c.r.;27 ~hcJ
THIS INSTIlUMENT WAS DRAFTED BY (NAMK AND ADDIlEISII
OFFICI OF RCCIsr1Wl OF TITLI
IaJn' COUrnT. ItlHHllOTA .
'Thh 11 the H Un~ lnforwaUOIl of the docu..nt
fUed 1n tAU ofUca Oft
1- .;;l3-9S
/IJ A- ...
'at Boeckaan. a.;utnr of TlU..
Prior lake
PUBLIC HEARING
~:
Please register below if you wish to address the Council
as part of the following public meeting. THANK YOU!
VACATION OF A 10-FOOT WIDE DRAINAGE AND UTILITY EASEMENT
LOCATED ON THE EAST SIDE OF THE PROPERTY
AT 6096 _150TH STREET.
* * *
MAY 7,2001
'"
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