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Home My WebLink About8A Jeffers Pond 1st AdditionPRIp� ion U �� 4646 Dakota Street SE Prior L ake_ MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 18, 2011 AGENDA #: 8A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS LOCATED WITHIN JEFFERS POND 1 ADDITION DISCUSSION: Introduction Ryland Homes has requested vacation of drainage and utility easements for an area of Jeffers Pond Development which they plan to re -plat into 38 single family lots. The configuration of the development on the site has changed since the ap- proval of the preliminary plan. For that reason, the designated drainage and utility easements are no longer necessary. History On June 6, 2005, the City Council approved the final plat known as Jeffers Pond 1 Addition. This plat included Outlot K, L, M, N, O, P, and Blocks 7, 8, and 9, which were designated for future development. Ryland Homes plans to replat this area as Jeffers Pond 4 Addition. On June 20, 2011 the City Council approved the development known as Jeffers Pond 4 Addition contingent of the vacation of these drainage and utility easements. The Planning Commission reviewed this vacation request for consistency with the comprehensive plan on July 11, 2011 and recommended approval of the request. The Comprehensive Plan does not specifically discuss utility easements, other than as a function of ensuring access to public utilities. The vacation of the easements is not inconsistent with any specific goal or objective of the Compre- hensive Plan. Current Circumstances In addition to a Planning Commission finding that the vacation is consistent with the comprehensive plan, prior to vacating an easement or disposal of any real property the city council must conduct a public hearing. That is the purpose of this agenda item. The new plat has dedicated all necessary easements for this area therefor the old easements have no public purpose and are excess to city needs. The approval of this vacation would allow the construction of dwellings on the new lots with the proper easements in place. Conclusion The re -plat will dedicate the necessary easements for the area. As a result the Planning Commission and the staff recommend approval of the vacation of the requested easements. FINANCIAL The vacation of the easements will allow the area to be redeveloped as Jeffers IMPACT: Pond 4th Addition with 38 single family lots that will contribute to the tax base. 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. RECOMMENDED The Planning Commission and staff recommend Alternative #1. A motion and MOTION: second to adopt a Resolution approving the vacation of the drainage and utility easements. O� FRIO U 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 11 -XX RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS LOCATED WITHIN JEFFERS POND BLOCKS 7, 8, AND 9, AND OUTLOTS K, L, M, N, 0, AND P MOTION BY: SECOND BY: WHEREAS, A petition for the vacation of a portion of the drainage and utility easements located on Outlots K, L, M, N, 0, P, and Blocks 7, 8, and 9, Jeffers Pond, 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 (Drainage and Utility Easements): All drainage and utility easements lying over, under and across Lots 1, 2, 3, and 4, Block 7; Lots 1, 2, 3, and 4, Block 8; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,13,14, 15, 16, 17, and 18, Block 9; Outlots K, L, M, N, 0, and P; all in Jeffers Pond First Addition, Scott County, Minnesota as delineated and dedicated on said JEFFERS POND. 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, July 18, 2011, in the Council Chambers at City Hall, 4646 Dakota Street SE; and WHEREAS, The City Council then proceeded to hear all persons interested in said petition and persons interested were afforded the opportunity to present their views and objections to the granting of said petition; and WHEREAS, New drainage and utility easements will be dedicated as part of the final plat for JEFFERS POND 4T" ADDITION, so the existing drainage and utility easements are not necessary for the maintenance of public utilities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that: 1. The above recitals are herein fully incorporated herein as set forth above. 2. The City Council of Prior Lake has determined that the vacation of said easements would be in the public interest. 3. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easements are hereby vacated: Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriortake.com Legal Description (Drainage and Utility Easements): All drainage and utility easements lying over, under and across Lots 1, 2, 3, and 4, Block 7; Lots 1, 2, 3, and 4, Block 8; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,16,17, and 18, Block 9; Outlots K, L, M, N, 0, and P; all in Jeffers Pond First Addition, Scott County, Minnesota as delineated and dedicated on said JEFFERS POND. PASSED AND ADOPTED THIS 18TH DAY OF JULY, 2011. YES NO ser Myser Erickson Erickson Hedberg Hedber Keeney Keene Soukup Souku Frank Boyles, City Manager �N N 0 A f S p.Z •� ,° A O L s °m A N ox- z v nT mcn C]Z2 Z�<O W f O *1 A / Dom �OV °D OD D '7 -{{ zs / C9 Z Am 9V NS� > s= r �� <o am0 oo Co r a z �nm ozA 00 r�m c °r m n�7J V ZO�mD y� >Do .0 Z7 m 'O n <O� Z OHO TI -1 OpNZ m L O / f1 Z g: KmN 2D•'N N O f ZOO O °2 { �� r ° ° � N am -mm mw n �D2 OWN DN- 'Amu D Z 5�>W. - a om A z m tO z "� om mu r 00 J B �zz xm DDO ?J J ] J f z rm+ v p =CW C� mZ Zy D7 01 0 AL mo C, .. �� C -I • RAINADE AND _ U) .` •;•�, l•''• - - .• EASEMENT U,6„Y m ! U FTI �..� _. m L o f / ! VN C D m r o -_ !� f'� ` ^` -Di m -' o N 0 Cad File: PI SNEER 110250•D AND U VACATION o � engineering oA(D DD 9-11 Description Sketch for: � CMLHIGII,PPlf3 LANDIMNN LNIDSURVETOR.S I.WDSCM6AR�3RECIS C; (651)681 -1914 Folder# 7328 'I'M RYLAND CROUP 2422 Enterprise Drive Fax: 681 -9488 p� by. NJK Mendota Heights, MN 55120 w .pioneereng.00m