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Home My WebLink About8A - Vacation Easement Deerfld. MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: f" j)'": ..---" CITY COUNCIL AGENDA REPORT MAY 6, 2002 8A JANE KANSIER, PLANNING COORDINATOR DON RYE, COMMUNITY DEVELOPMENT DIRECTOR CPUBLIi H~~~~ CONSIDER APPROVAL OF A . -KlCS(JtUTYON.V M'A TI!I:G IHE DRAIN AGE ~r:I\l UIl1,ITY ---.!~~.~.M.~~T..I;<>'{;~!~I,tMU.~.IUlJlIB..~.9.1_:L& 8, !!.LOCK lJ.,!?A!1;Bflt.kV,*~~?_IQ.BE.,RE~LA:r.T.ED-AS.. DEETrFIELD6TH ADDITION (Case File #02-041) ~.~~:!","'-""~""';' History: D. R. Horton, Inc. has filed an application to vacate a 5' wide portion of the drainage and utility easement located on Lot 45, Deerfield 2nd Addition, immediately adjacent to the properties at 17252, 17254, 17256 and 17258 Deerfield Drive. ~J:his,5..:.sttip ~f ]l,lurl. .."", is to be ~2;:51JQ,tl1<;:~e"PJ;Qpertie&,..in.thel'latoH}eerfieid-6~.Adeiti(}n+ "'"I he' easemeIlt .ll}~.~SJ:~~Y~c;~J~din ordertu allowed, ibe.W4GemenL9f. "tteeR's"oritl1ese units. .........lr~.. .. ....:~I\i,'rt"otl:...Ji'~~,~~'~;.;i":;.:.~:i..A:....;I', " Deerfield 2nd was originally platted in July, 2000. Lot 45 was platted as common area for the townhouse development, and as such, was covered by a drainage and utility easement. On April 1, 2002, the City Council approved the final plat to be known as Deerfield 6th. The pIaL of Deer field 6th wi~l a~~2~~~ELto" th~_ e~!i~gJ.2~.E!W.ll~~.JQj..s,*~ ongmciJly described as Lots5-8, ~lockl,Deerfield 2nd,whic~wil1 :~Ht)"\V'!he'constrn~J'Pj!]:U::~:,a.~['~19.iP)JmJ:~r.JmUs.. :In.:C;J:.der to' . . fa:dliti!te.this cO!l~~s:1i9nl<"!~'"'~tiu~it~ement over this 5' must be vacated. ~~.' .._...~..~,~.';'_',..~ co.~' ;"_','<~ 'r'," "~or Current Circumstances: The Planning Commission reviewed this vacation request on April 22, 2002. Th~l~in& Co~ission ". recommended approval of the proposed vacatIOn, subject to the ~ition"ttnrr'the'Tesolutiofl'Vacating the easement be recorded with the final plat. The Issues: Minnesota Statutes 412.851 allows the Council to vacate easements or right-of-way by resolution. lll~...~..mu.ux ~~a!~~.l.:',!~ vacation shallbema4gY:,nless..iLapp~aKs.tQ~.in thlil public.,i,nterest to do so." Tl:;1~Comprehensive Plan does not specifically discuss utility ,~~,:,:J,"'-':,'~'''''''''''''''_''''_''''_'''' 1:\02fi1es\02vacations\02-41 deerfield\02-041 cc report. doc . Page I 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (%2) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER AL TERNATIVES: RECOMMENDED MOTION: REVIEWED BY: easements, other than as a function of ensuring access to public utilities. The vacation '?L!!!i.~.~?:~~.[I1:~Ilt is not inconsi~t.~!1t.~i!h._anYSp~.ci.f1cg;~al i!LQ1>I~IY.e_Q.Llh.~U;;;.om12rehensive Plan. There are no utilities located -- -.-..-...-..,..... '.. ....-.--,....-->>..-...",...-....".... within this 5' strip, so there is no need for a dramage and utility --easement,"'-'fhe"remainingare~r will' sfi1lretaintheeasement. rnnrll.lfi:;nn' The Planning Commission and the staff recommend approval of the requested vacation. The City Council has three alternatives: ~~>>.!.~~~-Q!y!iQ!l~l?l2.L~yL~~..~~,:"v~~~;L~.'1. 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 subject to the listed condition is required. 1 :\02fiIes\02vacations\02-41 deerfield\02-041 cc report. doc Page 2 RESOLUTION o2~01 RESOLUTION PROVIDING FOR THE VACATION OF THE DRAINAGE AND UTILITY EASEMENT LOCATED ADJACENT TO LOTS 5, 6, 7 & 8, BLOCK 1, DEERFIELD SECOND WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, MOTION BY: Jf> SECOND BY: J7- A petition for the vacation of drainage and utility easements located on Lot 45, Block 1, Deerfield Second, and adjacent to Lots 5, 6, 7 & 8. Block 1, Deerfield Second, 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: That part of Lot 45, Block 1, DEERFIELD SECOND, Scott County, Minnesota, described as follows: Beginning at the northwest comer of Lot 5, Block 1, DEERFIELD SECOND; thence S 100051 '03" E, along the westerly line of said Lots 5, 6, 7 & 8, Block 1, a distance of 138.00 feet; thence S 79008'57" W a distance of 5.00 feet; thence N 10051 '03" W a distance of 138.00 feet; thence N 79008'57" E a distance of 5.00 feet to the point of beginning. Notice of the hearing has been duly published and posted in accordance with the applicable Minnesota Statutes, and A Public Hearing was held on said petition on Monday, May 6, 2002, at 7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1; and 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 The drainage and utility easement is not necessary for the maintenance of public utilities; and 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:\02files\02vacations\02-41 deerfield\rs02xxcc.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 1. The above recitals are herein fully incorporated herein as set forth above. 2. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easements are hereby vacated: Legal Description That part of Lot 45, Block 1, DEERFIELD SECOND, Scott County, Minnesota, described as follows: Beginning at the northwest comer of Lot 5, Block 1, DEERFIELD SECOND; thence S 100051 '03" E, along the westerly line of said Lots 5, 6, 7 & 8, Block 1, a distance of 138.00 feet; thence S 79008' 57" W a distance of 5.00 feet; thence N 10051 '03" W a distance of 138.00 feet; thence N 79008'57" E a distance of 5.00 feet to the point of beginning. 3. The vacation of said drainage and utility easement is in the public interest. 4. This vacation is subject to the following conditions: a) The resolution vacating this easement will be recorded with the final plat. Passed and adopted this 6th day of May, 2002. YES NO Haugen Haugen Gundlach Gundlach LeMair LeMair Petersen Petersen Zieska Zieska {Seal} Frank Boyles, City Manager 1:\02files\02vacations\02-41 deerfield\rs02xxcc.doc Page 2 CERTlFICA lE OF SURVEY for M32-2519-01 D.R. HORTON co" ~ "?-"/J~ " ~l- ~ '-..... '" ~"'9~d'. ~ .CJ --'" ' ~ '" G ~ PlWPg~p8~1\( U ~7~ ~ " r r 3,SQ ~ 4'~ \ (' \ (!E" " I r.::-x I illN 6" ~ l-' woPE\\ffl -~ \ L\t.\~ -- V' I ~ ';:; ~ \ ~ ';'c.(c,~S ~ \~ :7.\1' . -<J \0- ~ ~ sir ~..... I \~\ "i ) / / / / ~\JI~ ..> ,\\~fr..... ..... \ ~1-~<'-\ ........... \ \ ~ ~ \ \ CJ CD CD .-0;, ...---\-> \ CD --- 0- cJ .-0;, ~ CD U! 01 J / It:. t: ~irnm -w~-"1 I Top curb to Gar slob = ______ Top block = _____ Lowest bsmt fir = _____ Scale: 1" 30' 17252 54 56 & 58 Deerfield Drive SE DESCRIPTION I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I om 0 duly Registered Land Surveyor under the Lows of the State of Minnesota. D~~ P..fV S" .q;B' COO'2. Reg. No. 8140 Lots 1, 2, :3 & 4, Block 1, 'DEERFlELD SIXTH Scott County. Minnesota Plot bearings shown o Denotes iron monument (Ix~i~) Qropos0 BRANDT ENGINEERING & SURVEYING!(,d- ~ [E, U ~J "'\11 14041 .Burnhaven Drive, Suite 114 ,::( till Il;:;;'? I~I Bur n s viii e, M N 55337 (-,"- ( 9 5 2 ) -1 3.s -- 1 9 6 6 M -32 -- 2 51 9-- 0 1