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Home My WebLink About7A - Creekside Easement Vacatio MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT AUGUST 6, 2001 7A JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION VACATING THE DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 2, BLOCK 1, CREEKSIDE ESTATES (Case File #01-055) History: Eagle Creek Development has filed an application to vacate the drainage and utility easement located over the former Holly Court right-of-way located on Lot 2, Block 1, Creekside Estates. The applicant is in the process of developing this site with two, 24-unit senior apartment buildings. Only one of the buildings, located on Lot 2, Block 1, is affected by this easement. The vacation has been requested for three reasons: 1) Holly Court and the lots adjacent to it will not be constructed as originally platted; 2) A deck approved as part of the original PUD site plan encroaches into the existing easement; and 3) if the City Council approves Agenda Item 8B, additional decks will encroach into the existing easement. . The right-of-way for Holly Court was originally platted in 1977; the road was never constructed. In 1997, the applicant filed a petition to vacate the existing right-of-way. The vacation was approved subject to the condition that a drainage and utility easement be retained over the entire right-of-way. In 2000, the applicant received approval of a development plan for this property. The approved site plans did not identify any encroachments on the existing easement, although the certificate of survey submitted with the building permit revealed that one of the approved decks encroached into the easement. When the applicant filed an application for a building permit, the certificate of survey also indicated a deck that had not been shown on the original plans would encroach into the easement (see Agenda Item 8B). 1:\0 I files\O I vacations\O 1-055\0 1-055 cc report.doc Page] 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER -.-.- r AL TERNA TIVES: RECOMMENDED MOTION: REVIEWED BY: Cllrrpnt rirrllm..tonrl!'" The Planning Commission reviewed this vacation request on July 23, 2001. The Planning Commission recommended approval of the proposed vacation, subject to conditions. Tl1p T..wp..' 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 ofthe Comprehensive Plan. When the first petition to vacate the right-of-way was filed, the Engineering Department requested the easement in order to allow the potential for looping a watermain between Priorwood Street and Cates Street, Since that time, this plan has been eliminated. There is no longer a need for a drainage and utility easement over the entire former right-of-way. A standard 10' wide easement will be maintained across the northerly lot line of this property. The present easement and the proposed easement are shown on the attached graphics. Cnnr/minn' The Planning Commission and the staff recommend approval of the 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 Alternatives # 1. A motion and second to adopt a Resolution approving the vacation of the easement subject to the listed conditions is required. 1:\01 files\O 1 vacations\O 1-055\0 1-055 cc report. doc Page 2 f)L RESOLUTION ~ .., RESOLUTION PROVIDING FOR THE VACATION OF THE\RAINAGE AND UTILITY EASEMENT LOCATED IN LOT 2, BLOCK 1, CREEKSIDE ESTATES MOTION BY: JJ/1 . SECOND BY: JE WHEREAS, a petition for the vacation of drainage and utility easements located with Lot 2, Block 1, Creekside Estates, 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: The drainage and utility easements located within CREEKSIDE EST A TES dedicated and donated according to the plat of record and described as follows: That part of Holly Circle, HOLLY COURT, according to the plat of record, lying southerly of a line drawn from the most northerly northeast comer of Lot 2, Block 2, said HOLLY COURT to the most northerly northwest comer of Lot 4, Block 2, said HOLLY COURT. And The south 10.00 feet lying easterly of the west 10.00 feet of Lot 2, Block 2, HOLLY COURT, according to the plat of record. And The south 10.00 feet of Lot 3, Block 2, HOLLY COURT, according to the plat of record. And The south 10.00 feet lying westerly of the east 10.00 feet of Lot 4, Block 2, HOLLY COURT, according to the plat of record. WHEREAS, notice of the hearing 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, August 6, 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 drainage and utility easement is not necessary for the maintenance of public utilities; and 1:\01 files\O 1 vacations\O 1-055\rsO 1 xxcc.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER if--rl 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 easements are hereby vacated: Legal Description The drainage and utility easements located within CREEKSIDE EST A TES dedicated and donated according to the plat of record and described as follows: That part of Holly Circle, HOLLY COURT, according to the plat of record, lying southerly of a line drawn from the most northerly northeast corner of Lot 2, Block 2, said HOLLY COURT to the most northerly northwest corner of Lot 4, Block 2, said HOLLY Court. And The south 10.00 feet lying easterly of the west 10.00 feet of Lot 2, Block 2, HOLLY COURT, according to the plat of record. And The south 10.00 feet of Lot 3, Block 2, HOLLY COURT, according to the plat ofrecord. And The south 10.00 feet lying westerly of the east 10.00 feet of Lot 4, Block 2, HOLLY COURT, according to the plat of record. 2. The vacation of said drainage and utility easement is in the public interest. 3. This vacation is subject to the following conditions: a) The easement to be vacated shall remain in full force and effect until this resolution is recorded. b) The resolution will not'be recorded until the petitioner has submitted a deed for the necessary 10' wide drainage and utility easement along the north lot line to the City. 4. Upon completion of the above conditions, this Resolution will be forwarded to the Office of the County Recorder, Scott County, for appropriate action. Passed and adopted this 6th day of August, 2001. YES NO Mader Mader Gundlach Gundlach Ericson Ericson Petersen Petersen Zieska Zieska {Seal} Frank Boyles, City Manager 1:\01 files\Ol vacations\Ol-055\rsOlxxcc.doc Page 2 ~_ _..:____'__ ._..~u.__._...._.'___._~.-" .-... -,' '-- .-" --_.'" t ...J. ..'-'L. --r I _'\001-",-' ...'.....~ ~Io.".... ,'-''"''''-' ." ..... I ~~ ......... _ '-'............. I J .......1 ,. I I . '-J .r PAOPOSED V ACA TlON OF DRAINAGE AND UTtLITY EASEMENTS -IN CREEKSIDE EST A TES - --_._-- ... I I t~ ., HOLJ,.Y aACLE ,----- I I I I I I I .\ " /: \ '. , ~ . " - " " .... LOT 2 CAEEKSDE '. ESTATES ' :"('\" ,,, (...('\..'........-; ,.' ~~"/~_~. : \1\/:_::\ :" ~.~~;;;;f"#.'c-;p:iiB TO Be VACA~D ...,.R.."il""."'... I~ \ :' . V';"'\w \,J~_' I t '1 I I f I I I I I l t 1 I \ . I , -L.. ~. ~. . - - '- - '--- "- '--'- I...' ___ I' -'---"- .. -" -- -'- - - - - ...' ,.-...'- .. PROPOSED 10 FOOT DRAINAGE AND U11LITY EASEMENTS IN CREEKSIDE EST A TES .. I . r" '\ , "' HOU-y CFiCLE . I--'-~'~ --, \' ~'i', I' -.- -... '\. /: I I I I I I ./ - " "... LOT 2 CREEKSIDE eSTATES /~ ~ ('\ : : ' T' . t \,J.. _.... , '. ,....(.....' ,,......,.. I ..~ I' \.,;\./'...f I .. 1\ PROPOSED EASEMENT . . '-"- --' '-' -'- I I - 1 c , I I I i I ! I I I -L