The URL can be used to link to this page

Home My WebLink About8A Waterfront Passage MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: Sf<M. ~l\~ 4't\11>< ~ CITY COUNCIL AGENDA REPORT MAY 20, 2002 8A JANE KANSIER, PLANNING COORDINATOR DON RYE, COMMUNITY DEVELOPMENT DIRECTOR PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION VACATING THE DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 1, BLOCK 2, WATERFRONT PASSAGE ADDITION (Case File #02-043) History: The City of Prior Lake has filed an application to vacate a portion of the drainage and utility easement located on Lot 1, Block 2, Waterfront Passage Addition. This property is located on the southwest side of Cottonwood Lane, east ofFish Point Road and west of Adelmann Street. The easement originally covered a wetland area that has since been filled. Waterfront Passage Addition was originally platted in 1993. The easement area in question was platted over an existing wetland. That wetland has since been filled, and the easement is no longer necessary for drainage purposes. Norex has signed a purchase agreement with the City for this site. Vacating the easement will facilitate construction of the Norex office building on this site. Current Circumstances: The Planning Commission reviewed this vacation request on May 13,2002. 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. Once this portion of the wetland was filled, the need for a drainage and utility easement ceased to exist. There are no utilities located within the easement. 1:\02fi1es\02vacations\02-43 waterfront\02-43 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 AL TERNA TIVES: RECOMMENDED MOTION: REVIEWED BY: rnnrlmdnn' 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 Alternative # I. A motion and second to adopt a Resolution approving the vacation of the easement subject to the listed condition is required. 1:\02files\02vacations\02-43 waterfront\02-43 cc report. doc Page 2 "tlNNESO'~ RESOLUTION PROVIDING FOR THE VACATION OF THE DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 1, BLOCK 2, WATERFRONT PASSAGE ADDITION \J :t- RESOLUTION 02~ 1:5 SECOND BY: Jvf6 MOTION BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, A petition for the vacation of drainage and utility easements located on Lot 1, Block 2, Waterfront Passage Addition, 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 portion of the platted public utility and drainage easement on that part of Lot 1, Block 2, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota, described as follows: Commencing at the southeast corner of Lot 2, Block 2 of said plat; thence South 89 degrees 49 minutes 16 seconds East plat bearing along the south line of said Lot 1, Block 2, a distance of 100.52 feet; thence North 00 degrees 10 minutes 44 seconds East parallel with the east line of said Lot 2, Block 2, and its northerly extension a distance of 392.56 feet to the point of beginning of the easement to be vacated; thence continuing North 00 degrees 10 minutes 44 seconds East a distance of 20.04 feet; thence North 39 degrees 03 minutes 21 seconds East a distance of 164.49 feet; thence South 01 degrees 00 minutes 56 seconds West a distance of 78.86 feet; thence South 48 degrees 14 minutes 04 seconds East a distance of 143.00 feet; thence South 34 degrees 00 minutes 56 seconds West a distance of 100.00 feet; thence North 54 degrees 29 minutes 04 seconds West a distance of 188.00 feet to the point of beginning. EXCEPTING THEREFROM: The northwesterly 10.00 feet of the above described easement vacation. 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 20, 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 all persons interested in the vacation were 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. l:lrm-Oefi~~~~%~~3':I!.t.~rpA~~gf<~~<p4il.i4mesota 55372-1714 / Ph. (952) 447-4230 ~a!Pa)l. (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 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. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easements are hereby vacated: Legal Description That portion of the platted public utility and drainage easement on that part of Lot 1, Block 2, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota, described as follows: Commencing at the southeast corner of Lot 2, Block 2 of said plat; thence South 89 degrees 49 minutes 16 seconds East plat bearing along the south line of said Lot 1, Block 2, a distance of 100.52 feet; thence North 00 degrees 10 minutes 44 seconds East parallel with the east line of said Lot 2, Block 2, and its northerly extension a distance of 392.56 feet to the point of beginning of the easement to be vacated; thence continuing North 00 degrees 10 minutes 44 seconds East a distance of 20.04 feet; thence North 39 degrees 03 minutes 21 seconds East a distance of 164.49 feet; thence South 01 degrees 00 minutes 56 seconds West a distance of 78.86 feet; thence South 48 degrees 14 minutes 04 seconds East a distance of 143.00 feet; thence South 34 degrees 00 minutes 56 seconds West a distance of 100.00 feet; thence North 54 degrees 29 minutes 04 seconds West a distance of 188.00 feet to the point of beginning. EXCEPTING THEREFROM: The northwesterly 10.00 feet of the above described easement vacation. 3. The vacation of said drainage and utility easement is in the public interest. Passed and adopted this 20th day of May, 2002. YES NO Haugen Haugen Gundlach Gundlach LeMair LeMair Petersen Petersen Zieska Zieska {Seal} Frank Boyles, City Manager 1: \02files \02vacations \02-4 3 waterfront\rs02xxcc. doc Page 2 Valley Surveying Co., P A. SUITE 230, FRANKLIN TRAIL OFFICE CONDOMINIUM 16670 FRANKLIN TRAIL S. E. PRIOR LAKE. MINNESOTA 55372 TELEPHONE (612) 447-2570 2 " '\ ~ ~~~;.., ~~~~s6~N~~ z <:::. aLveK Z ~49'16"E ~;;';~~~~, /' _'00 "... ." Co?, ?'o :t-~ " 000 ". /', vJs '~... 1..t6' ~I- ( ""', oJ""")- '''"r o~ ~ J-a 'Or ~O-9'1I'" ;<5'(0;- "- .... S... .; '-........ ('''Sf'" /"'. ""-._,4t<!'",,. 0.,... "'--'~4 ~ '" .~:~\ j ~$;~~~~< 4, .\, -~----:~)_Mf'lAGE <4 I\t~ , 't. 0'. ~'l.. ,1.~ " L~;:$:,%,,~ ", >----. ~/_ J" ~ ~~ & :,1' "INA'::E. Eol.5ET.lEtlT ","',',,"- ~~~(~- ""_11.1" J2 gl ~ II ~ o . <D 2 N ~ ~ ;~ '\ ! \/ <t . <t Q " '" . (, €. \.. ?~~ 2.~9 e \, ".c. .y ,'1 .. .. -" ~. ". :. ~~ ~r _~"' Ii ~ ~t :ORNER OF L.OT Z, aL.k ? s 0 o '" '" o '" '. ..~. \."'.....12' \....~.1l. \ ~ "", ~ , ~&L ~ <. . go ~' ---- - ---r- ----;--. - _--.::, r uTILln It. DRAINll.GI; EASEMENT.../ 2 " , ul56 oo.~_ _ _-=-~h ...... 253. 48 '--- S'LY :"INE 0" LOT I . Nag- 49' 16" W --- \ \ _h 18778 Nag' 26' 39 'W__ -L--4. ~ .... Sf ::OFtIE~ OF LC'T I, BLOCK 1 N89'25'3S."W - 32 22 DE:SCRIPl1ON nv.cr A; Thor.... oflAll, BIoc& 2, WATEiU'RONT PASSAGE ADOmON, So:on C.....,.. M;_ dncnhod u IbIIows: ~ · the soa&bI:ast Il:OnIlCf of Loc 2. Bkd:. 2, of said pl.a.; lhe1Icr Soutb 89 dcpwcs 49 Ibi.atna 16 iiIl:cDftds East pqr bmriot! ~ the JOUliI liD:: of 1&id 1..t:lf ~ BkK:1t 2, a dUI&nce gf 100.52 C..... dlc _ oflql..... .c 1llc iuld to be __ dleoa Nonll 00 degras 10 JbitluICI .w IICC:DDds Easz ~ 'IIIIUb. the CUI hIE of said LoI 2. BkU 1. IDd ill nard:luty CIXIl:IIIIOn . d:iaancz of 412..60 fec:I; 1hcDc:c NoM 39 dcgrccs 03 IDIDUtO 21 xc:onds e. . _..26S.01 &.:l",dlc_Iyh..afsaod 1AI1. BIoek2;_ Soul!> Sol degras ,. "'""- 04"""'" East oioa& saod ~ line _ d1mnco oC 3SLJ6 Iect "-c SoulIl 39 dqmes 03 miDuRs 21 .... Wc:st. dUaDcc af ::!6j.07 I'a:I to rk inac:n.a:ticm with a liDe cbWD NlXIb 00 dqpaaI.JO..an..es ooWlIlCDIlda e.. from.a pomI an the souda line of said l..m I. BJoct 1. distaM m.7I foa..ac oCtbc JOUIbasr corner: tbcna: Sourb 00 delRCS 10 mUlUlcs 44 ...... W... ....1OId IiDe __ of lIlI.JO "'" to ,..j """'" _ ...-.ty aloatl the ......... 0{ aid 1AI1. _ 2. ..... pow of.......... DESCRIPTlON 1RACT B: . . ~(', 3, ': :. ESWT r, ~:: ~.l.~:. ~E:- 50 '00 Thor.... oflAll.lIloctl2. WATERFROI<r PASSAGE ADOmON. So:on C...... MUoneoota. ty;ar ~y afdlc .......... d<acnbed "- Ccwmnenc:i.... at the: XKIlhcar CGml:r or !laid L..ot I. Block. 2: thence Non:tl 89 degrees 2b nunulClI 1Q ~~...nrl~ \"~~r "t"tr ~";"R .j",.... -h.. ,,..,,,h I;.,.....,r ,...1 .,' Ol,.....{_" .. .1,......,..-. ,,( ..q_ ~ t Pterftly cerTify ffIaT PhtE ~urve'l WQ, p~pored by me or under my direct supervIsion and mot I om Q duly LJanH'd Land Survl!'yClf' 1M'l~ lOws a! fhe State Of Mj~o .' /f'.1