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Home My WebLink About7A - Public Hearing Wilds Easem MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT MAY 21, 2001 7A JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION VACATING THE EXISTING DRAINAGE AND UTILITY EASEMENT LOCATED ON OUTLOT V, THE WILDS (Case File #01-031) History: Outlot V of The Wilds was originally platted in 1993. A drainage and utility easement, 30' to 70' wide, was platted through the outlot to accommodate the sanitary sewer line. Shamrock Development is in the process of replatting this outlot as The Woods at the Wilds. The existing easement will encroach into the buildable area of some of the new lots. Current Circumstances: The Planning Commission reviewed this vacation request on May 14,2001. 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. Although there is an existing sewer line at this location, the width of the existing easement is excessive. When the original easement was platted, it was based on incorrect topography in the area. When sanitary sewer was installed at this location, it was discovered that it did not have to be as deep as originally planned. The new plat will dedicate necessary easements for this area. The new easement will be from 35 to 50' in width, which is consistent with the depth of the existing sanitary sewer at this location. 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 final plat is approved. 1:\0 lfiles\O 1 vacations\O 1-031 \01-031 cc report.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 T- T '~I AL TERNA TIVES: RECOMMENDED MOTION: REVIEWED BY: Conclminn' The Planning Commission and the staff recommend approval of the easement vacation subject to the condition that the resolution vacating this easement will not be recorded until the final plat is approved. 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 staffrecommend Alternative #1. A motion and second to adopt a Resolution approving the vacation of the easement as requested is required. 1:\0 lfiles\O I vacations\O 1-031 \0 1-031 cc report. doc Page 2 RESOLUTION 01-XX RESOLUTION PROVIDING FOR THE VACATION OF THE EXISTING DRAINAGE AND UTILITY EASEMENT LOCATED ON OUTLOT V, THE WILDS MOTION BY: SECOND BY: WHEREAS, a petition for the vacation of the existing drainage and utility easement located on Outlot V, The Wilds, 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 utility easements and drainage and utility easements lying over, under and across Outlot V, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota, as delineated and dedicated on said THE WILDS. 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 21, 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: 1. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easement is hereby vacated: Leqal Description All utility easements and drainage and utility easements lying over, under and across Outlot V, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota, as delineated and dedicated on said THE WILDS. 2. The vacation of said easement is in the public interest. 1:\0 1 files\O1 vacations\Ol-031 \rsOlxxcc.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 I., II li'i 3. This vacation is subject to the following condition: a) The final plat and development contract for the plat to be knows as The Woods at the Wilds must be approved. 4. Upon completion of the above condition, this Resolution will be forwarded to the Office of the County Recorder, Scott County, for appropriate action. Passed and adopted this 21 sl day of May, 2001. YES NO Mader Mader Gundlach Gundlach Ericson Ericson Petersen Petersen Zieska Zieska Frank Boyles, City Manager {Seal} 1:\01 files\O 1 vacations\O 1-031 \rsO 1 xxcc.doc Page 2 /' \ ..1111 _.~..."' -.- "R"..'cll'l"U "MS te ./.. 1'41 I' ~ 1"] ..- Il ] f- 4 ~/ :;: I- --. 0;:) ._" ---' --- , i ~I ~ .5 5 Ii: .. 110; Ii ~ ;i' ~IHii _u '110M II IT I RESOLUTION 01-XX RESOLUTION PROVIDING FOR THE VACATION OF THE EXISTING DRAINAGE AND UTILITY EASEMENT LOCATED ON OUTLOT V, THE WILDS MOTION BY: SECOND BY: WHEREAS, a petition for the vacation of the existing drainage and utility easement located on Outlot V, The Wilds, 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 utility easements and drainage and utility easements lying over, under and across Outlot V, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota, as delineated and dedicated on said THE WILDS. 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 21, 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: 1. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easement is hereby vacated: LeQal Description All utility easements and drainage and utility easements lying over, under and across Outlot V, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota, as delineated and dedicated on said THE WILDS. 2. The vacation of said easement is in the public interest. 1:\01 fi1es\01 vacations\O 1-031 \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 PUBLIC HEARING ~,. Please register below if you wish to address the Council as part of the following public meeting. THANK YOU! CONSIDER APPROVAL OF A RESOLUTION VACATING AN EXISTING DRAINAGE AND UTILITY EASEMENT LOCATED ON OUTLOT V, THE WILDS (Case File 01-031) * * * MAY 21,2001 I I r Ii l