HomeMy WebLinkAbout7A - Wensman 1st Addn. Easement
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
JUNE 3, 2002
7A
JANE RANSIER, PLANNING COORDINATOR
DON RYE, COMMUNITY DEVELOPMENT DIRECTOR
PUBLIC HEARING TO CONSIDER APPROVAL OF A
RESOLUTION VACATING THE DRAINAGE AND UTILITY
EASEMENT LOCATED ON LOTS 21-23, BLOCK 2,
WENSMANN 1 ST ADDITION (Case File #02-049)
History: Wensmann Realty, Inc. has filed an application to vacate the
5' wide drainage and utility easements located on the common lot line
between Lots 21 and 22, Block 2, Wensmann 151 Addition, and on the
common lot line between Lots 22 and 23, Block 2, Wensmann 151
Addition. The applicant is proposing to create two larger lots out of
the existing three lots, and to dedicate a new easement on the common
lot line. The existing easement must be vacated in order to allow
construction of new houses on the two lots.
Wensmann 151 Addition was originally platted in 2000. As is the norm,
drainage and utility easements were dedicated on the common lot
lines. The developer has since received a request to combine these
three lots into two for the construction of two, larger single family
dwellings. In order to facilitate this construction, the drainage and
utility easement on the common lot lines must be vacated.
Current Circumstances: The Planning Commission reviewed this
vacation request on May 28, 2002. The Planning Commission
recommended approval of the proposed vacation, subject to the
condition that the documents recording the new easements be recorded
prior to recording the resolution vacating the easement.
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.
1:\02fi1es\02vacations\02-049 wensmann 1 \02-049 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
i
AL TERNA TIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
The vacation of this easement is not inconsistent with any specific goal
or objective of the Comprehensive Plan. There is no need for the
retention of the existing easements once the lots are combined and the
new easement is dedicated.
rnnr/m:inn' The Plmming Commission and staff therefore
recommend approval of this request, subject to the condition that the
documents dedicating the new easement be recorded prior to recording
the resolution vacating the existing easements.
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 #1. A
motion and second to adopt a Resolution approving the vacation of the
easement subject to the listed condition is required.
1:\02fi1es\02vacations\02-049 wensmann 1 \02-049 cc report. doc
Page 2
'if
RESOLUTION 02-~
RESOLUTION PROVIDING FOR THE VACATION OF THE DRAINAGE AND UTILITY
EASEMENT LOCATED ON LOTS 21-23, BLOCK 2, WENSMANN 1 ST ADDITION
MOTION BY: Jc. SECOND BY: Jf>
WHEREAS,
A petition for the vacation of drainage and utility easements located on Lots 21-23,
Block 2, Wensmann l5t 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:
All that part of the drainage and utility easement lying over, under and across the
south 5.00 feet of Lot 23, Block 2, WENS MANN 1 ST ADDITION, according to the
recorded plat thereof, Scott County, Minnesota, as dedicated on said WENSMANN
1 ST ADDITION, except the east 10.00 feet thereof.
Together with:
All that part of the drainage and utility easement lying over, under and across the
north 5.00 feet of Lot 22, Block 2, said WENSMANN 1 ST ADDITION, as dedicated
on said WENS MANN 1 ST ADDITION, except the east 10.00 feet and the west 10.00
feet thereof.
Together with:
All that part of the drainage and utility easement lying over, under and across the
south 5.00 feet of said Lot 22, Block 2, as dedicated on said WENSMANN 1 ST
ADDITION, except the east 10.00 feet and the west 10.00 feet thereof.
Together with:
All that part of the drainage and utility easement lying over, under and across the
north 5.00 feet of Lot 21, Block 2, said WENSMANN 1 ST ADDITION, as dedicated
on said WENSMANN 1 ST ADDITION, except the east 10.00 feet and the west 10.00
feet thereof.
WHEREAS,
Notice of the hearing has been duly published and posted in accordance with the
applicable Minnesota Statutes, and
1:\02files\02vacations\02-049 wensmann 1 \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
'L.___"'~"'_~~'~"_'.__'~"~__'".'~._~.
I
WHEREAS,
A Public Hearing was held on said petition on Monday, June 3, 2002, 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
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. 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
All that part of the drainage and utility easement lying over, under and across the south 5.00 feet of
Lot 23, Block 2, WENSMANN 1 ST ADDITION, according to the recorded plat thereof, Scott County,
Minnesota, as dedicated on said WENSMANN 1 ST ADDITION, except the east 10.00 feet thereof.
Together with:
All that part of the drainage and utility easement lying over, under and across the north 5.00 feet of
Lot 22, Block 2, said WENSMANN 1 ST ADDITION, as dedicated on said WENSMANN 1 ST
ADDITION, except the east 10.00 feet and the west 10.00 feet thereof.
Together with:
All that part of the drainage and utility easement lying over, under and across the south 5.00 feet of
said Lot 22, Block 2, as dedicated on said WENSMANN 1 ST ADDITION, except the east 10.00 feet
and the west 10.00 feet thereof.
Together with:
All that part of the drainage and utility easement lying over, under and across the north 5.00 feet of
Lot 21, Block 2, said WENSMANN 1sT ADDITION, as dedicated on said WENSMANN 1sT
ADDITION, except the east 10.00 feet and the west 10.00 feet thereof.
3. The vacation of said drainage and utility easement is in the public interest.
4. This vacation is subject to the following conditions:
1:\02files\02vacations\02-049 wensmann 1 \rs02xxcc.doc
Page 2
a) The documents dedicating the new easement must be recorded prior to recording the resolution
vacating the existing easements.
Passed and adopted this 3rd day of June, 2002.
YES
NO
Haugen \ Haugen
Gundlach A Gundlach
LeMair LeMair
Petersen Petersen
Zieska Zieska
{Seal}
Frank Boyles, City Manager
1:\02files\02vacations\02-049 wensmann 1 \rs02xxcc.doc
Page 3
Description Sketch for:
WENSMANN REALTY, INC.
N LINE OF LOT 23, BLK. 2,
//- WENSMANN 1ST ADDITION
/NS9.19'2S"E 150.00
o
4..10 - -- - - - - - - 10-~
I 1\ i 1\ I I
Ih A ^ I ~ 1 'l I
I\Y\ :-'23 I
I I
I lO PROPOSED EASEMENTlO!
.,t~.;:<~:c~n~=,=.="
HF!' " ~ U \~ L
,: :~~ -.------'.
'I c, ,
i I \'\'1 ,_ ". .i
",' ',(, "I I , I" ' 1111'
ii\\~1 jll'11
I"')!U l., ,v
I"') I
o -
tl)
N
i.=3 ~.
"
I
~
'-'
-r
\ lO
\ h I
V ~
r.:
L_
1\\
\ 'l
(/1
(/l
<(
~
LJ_
::.]
---
.od""'22.
R 03'15"
""'375
14 .00
4.J4. I "-'1'1 ,,...~
~ '"~''''' , ~
i,,,~,~'"i''iii'i'''''i''''i''''''''''''i''''''i'''
','\..PROPOSEO EASEMENTlOl
VACAl10N
I
I
\1
...J 1055
) "
/ ----:~~:",-I .od ===91.75'
---4- R v 12"
~~.OO
(/)
G:::
Ld
Ll_
LI_
" I
'::)
r,
v
1\1
\ 'I
-------
21
^
,-,
r-
U
r-
U
-r
\
r-
," 11,.....
~ 'l11\J:~.."
~~:~
L'lr\ ^ r'\
1\\....InL/
PROPOSED LEGAL DESCRIPTION FOR VACATING DRAINAGE AND UTILITY EASEMEIHS.
1 Inch
All that part of the drainage and utility easement lying over, under and across the south
5.00 feet of Lot 23. Block 2. WENSMANN 1 ST ADOITlON, according to the recorded plot
= 60 Feet thereof, Scott Coun ty, Minnesota, os dedicated on said WENSMANN 1 ST ADDITION, except the
east 10.00 feet and the west 10.00 feet thereof.
Together with:
All that part of the drainage and utiiity easement lying over, under and across the north
5.00 feet of Lot 22. Block 2. said WENSMANN 1ST ADDITION, as dedicated on said
WENSMANN 1ST ADDITION, except the east 10.00 feet and the west 10.00 feet thereof.
Together with:
All that part of the drainage and utility easement lying over, under and across the south
5.00 feet of said Lot 22, as dedicated on said WENSMANN 1ST ADDITlON, except the east
10.00 feet and the west 10.00 feet thereof.
Together with:
All that part of the drainage and utility easement lying over, under and across the north
5.00 feet of Lot 21. Block 2. said WENSMANN 1ST ADDITlON, as dedicated on said WENSMANN
1ST ADDITION. except the east 10.00 feet and the west 10.00 feet thereof.
* THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY
ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND. EASEMENTS OF RECORD OR
UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND.
WE HEREBY CERTIFY TO WENSMANN REALTY, INC. THAT THIS SURVEY, PLAN OR REPORT WAS
PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED LAND
SURVEYOR UNDE~R:fA S OF THE STA?fE f'"1JTN~ESOTA, DATED TIllS 6TH DAY OF MAY, 2002.
~NE : ~ONEER ENGINEE IN~..K
BY: .~ r
John C. Larson. Land Surveyor
... -+t *' Minnesota License No. 19828 2422 Enterprise Drive
T .;: Mendoto Heights, MN 55120
* PIONEER LAt/D SURVEYORS. O"L 'NG'NEERS (651) 681-1914 FAX:681-9488
~ engineering LAND PL....N"'S. LANDSCAPE ARCHITECTS 625 Highwoy 10 N.E.
*' * 810;ne. !\AN 554.34
-+c .;: *' (763) 783-1880 FAX: 783-1883
102088501.DWG JJS
SHEET 1 OF 3 SHEETS
102088
02 - 145 1194
r.-=-::
Description Sketch for:
WENSMANN REALTY. INC.
,--- -
.. ~ I
\' '~
r-
L_
1'-\
\\1
W LINE OF LOT 22, BLK. 2,
WENSMANN 1 ST ADDITION --_',
1.=3 ~.
------
::?
1_
,- ~ J_
~ 'l'h/~~/-1
~,., :~
1 Inch = 60 Feet
N LINE OF LOT 23. BLK. 2.
,/- WENSMANN 1ST ADDITlON
/ N89'19'28"[ 150.00
o
o
N
"
I
,----------"
I f'..! i'- \ I
I~ ^ ^ 1 \I \ \I I
IIVI n I
I 23 18
I Igl
I
~~:55 -:1, i21\'".' l
'~'~(I~'" ,~ C'iiL!)':
..J ..:\ !, .
n 'i:': a.!' I Iv I
': ,!!,Uzd I...-->
i-- 0 to .J
~ ~ @. I
..J"-
.~'''! 'I
(/)
I
(r,
"
~c
,..,
LJ.
!-"
N
n
a
<t-
o
o
Ul
Vl
ij:::
LIJ
L,_
Ll_
~15
{',
,j
",
\ ,~
"
'-'
~
N
n
o
....
o
o
z
I .,
I .., ~ I
1U1 \ --- lJ11!
a.. b~28~1 ~2~W_ -:- 1~O'.9..0 _ I :L .:,
r \1- - - - - - - -+ T
I It) \1 22 It) I
I 'PROPOSED DRAINAGE AND I
I' I( UnUTY EASEMENT 'I
v ,\ 4.
I
i
I
11
'I
) "
/ ---~:",,_,_I
------t-
55
6"'91'J '
R . ~ 1""
"=25 OO~ '"
39.96
21
^
,-\
r"\
U
"
U
CIA ^ r""'\
I '.......r\L/
PROPOSED EASEMENT FOR DRAINAGE AND UTILITY PURPOSES
----
l-
I 'r-Ir.... r I"":;:"""
rlC.",r1, ...;
A 10.00 foot wide easement for drainage and utility purposes lying aver, under and across ali
that part of Lot 22. Block 2, WENSMANN 1ST ADDITION, according to the recorded plat
thereof, Scott County. Minnesota, the centerline of said easement is described os follows:
Commencing at the intersection of the north line of Lot 23, Block 2, said WENSMANN 1 ST
ADDITION and the westerly right of way line of Jeffers Pass os delineated and dedicated on
sold WENSMANN 1ST ADDITION: thence on an ossumed bearing of South 00 degrees 40
minutes 32 seconds East. along soid westerly right of way line, a distance of 129.00 feet, to
the point of beginning of the centerline to be described; thence South 89 degrees 19
minutes 28 seconds West, 0 distance of 150.00 feet, to the west line of said Lot 22 and
there terminating.
. THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY
ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND. EASEMENTS OF RECORD OR
UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND
WE HEREBY CERTlFY )G-WENSMANN REALTY, INC. THAT THIS SURVEY, PLAN OR REPORT WAS
PREPARED BY ME, fJR UN~ER MY DIRECT SUPERVJ.$LO.,N, AND THAT I AM A DULY LICENSED LAND
SURVEYOR UNDER tHE l~WS,~9F THE STATE PF/MINN~SOT A, DATED THIS 6TH DAY OF MAY, 2002.
SIGNEp: /P 6NEER ENGINEE,F,iNG.Jl~~'
..... ':/ ./---
8Y: ../ \...--"-~ .~ -
;' John C. Lorson, Land Surveyor
Minnesota License No. 19828
.... oj( Jt-
-l'
* PIONEER
it eng"ineering=
* *
1c -ll If.
102088501.DWG JJS
-. LAND SURVEYORS . O\lll (NGlNEERS
LNfO PlANN(P.S. LANOSCAPE ARCH! TEeTS
SHEET 7. OF 3 SHEETS
I 2422 En terprise Drive
Mendoto Heights, M~J 55; 20
(651) 681-191'" FAX:681-9488
625 Highway 10 N.E.
Blaine. MN 55434
(763) 783-1880 FAX:783-1883
102088
02 - 145 1194
Description Sketch for: WENSMANN REALTY. INC.
N LINE OF LOT 23. BLK. 2,
,. WENSMANN 1ST ADDITION
/N89'19'28"E 150.00
\ ~ 1
vv
r - ---- - --- j\'1
l ^ r-- \ 1'1 /
fv^\ PARCEL I ~ 2,) :
01 19.350 SF /0
~ 0.4442 acres ~
;: ~I DRAINAGE & U'I1L1Ty Ir-l
-!LZE~S~E!:!.T ..I.O.J3E_V~A.EQ.... -1-
;:1-- - -=-=-_ _~. _
I "\ ~ I I
I S89'19'2~;W 150.00 :
~ - - - - - - - -- _ ..J
o
o
r.:
L_
"I
1'1
,.-..(',j
~, I"-
~..-
W LINE OF LOT 22, 8LK. 2,
WENSMANN 1 ST ADDI TlON -___
1 Inch
= 60
I - ~":--=-PROPOS[DORAlrViGE &1 "l.U
8, UTILITY EASEMENT I ".
...; '1'1 ,..
~I C 1< '-'- 2 I I"")
~D~A~A~ ~ ;I;Y= = =~ ~
EASEMENT TO BE VACATED I~ ~
I~ (/)
1
\ I
II
i ,
- - - / ---~:~~:"'_ I ~:::91"5'
---1- R v 72"
.39:::25.00
.96
I
I
L~
I ("\
L. v4J
co"
co'"
. .Ir)
f:2co
!")
21..341 SF
D.4899 acres
'PARCEL B
r-
U
[)r\ ^ r.
I\Vi\L/
r;"'-H'-- h .
\,-55 i:UILS ~ @ [;\.'..
; ~ II i\~ MAY I 5 Zir1;: ill i!
-'-0:: 'U' I J.l)1
I""):;:o..t. .1 -lL:.-- i
~ I Z I I
000 "
Il) I Vl
N C::[5
>-LL
-' LL
~~
(/)
(,'J
<(
~
IJ,
l/J
0::
L,J
L'_
L,_
~15
T
I
55
o
V
f'-. \
i'"
--------
I
I PRQ'o,,, "G" D,SC~['""" ;OR ',Rq;, A
... -+c *
-Ie
* PIONEER
-+c engineering
* *
~-l'>f-
r-
U
::J
r_
,'" It 1_
~"III\);;I
~~~,.
.::1'::::22'
o 03'75"
IY::::..375
14 .00
4.J4 I lr-II'""\' ..,-........
rlC_,\)rl I ~
Lot 2.3, Block 2, WENSMANN 1ST ADDITION. occording to the recorded plot thereof. Scott
Coudy, Mlnnesoto:
Together with all thot port of Lot 22. Block 2. said WENSMANN 1ST ADDITION. lying north
of the following described line:
Feet Commencing at the intersection of the north line of soid Lot 2.3 and the westerly right of way
line of Jeffers Poss os dellneoted and dedicated on soid WENSMANN 1 ST ADDITION; thence on
on assumed beoring of South 00 degrees 40 minutes 32 seconds Eost. olong soid westerly righ t
of way line. 0 distance of 129.00 feet. to the point of beginning of the line to be described;
thence South 89 degrees 19 minutes 28 seconds West, 0 distonce of 150.00 feet. to the west
line of said Lot 22 and there terminotin9.
E!LQPOSED LEGAL DESCRIPTION FOR PARCEL 6.
Lot 21, Block 2. WENSMANN 1ST ADDITION. occording to the recorded plot thereof. Scott
County, Minnesota:
Together with oil thot port of Lot 22. Block 2. soid WENSMANN 15T ADDITION. lying south
of the fOllOWing described line:
Commencing ot the intersection of the north line of said Lot 2.3 ond the westerly right of woy
line of Jeffers Pass os delineated and dedicated on said WENSMANN 1 ST ADDITION; thence on
on assumed bearing of South 00 degrees 40 minutes .32 seconds East. olong said westerly right
of woy line. 0 distance of 129.00 feet. to the point of beginning of the line to be describ"d:
thence South 89 degrees 19 minutes 28 seconds West, 0 dlstonce of 150.00 feet. to the west
line of said Lot 22 and there terminoting.
· THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY
ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND. EASEMENTS OF RECORD OR
UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND.
WE HEREBY CERTIFY TO WENSMANN REAL TY, INC. THA T THIS SURVEY, PLAN OR REPORT WAS
PREPARED BY ME. OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED LAND
SURVEYOR UNDER .~~~W / OF THE STATE ~J>M1l'mtSpTA, DATED THIS 6TH DAY OF MAY. 2002.
51 ED: /6NEER ENGINEERi-G, P:~
/ l _--
BY: ./ -4---'-. _-
.' John C. Lorson. Land Surveyor
Minnesota License No. 19828
LAND SURVEYORs. CIVIL eNGINEERS
LAtlD Pl.ANN(RS. LAUOSC/IPE ARC.. rrc rs
102088501.DWG JJS
SHEET 3 OF 3 SHEETS
2422 En lerprise Drive
Mendota Heights, MN 55120
(651) 681-1914 FAX:681-9<488
625 Highway 10 N.E.
Blaine. MN 554.34
(763) 783-1880 FAX, 78J-1883
102088
02 - 145 1194
I have reviewed the attached proposed request (Wensmann 1st Easement Vacation)
for the following:
f Water City Code Grading
)( Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric X Roads/Access
Policy
Septic System Gas . Building Code
Erosion Control Other
Recommendation:
Approval
Def)ial ;
-L Conditional Approval
Comments: .. # ~
~ ~S- ~~.~ ~~
. ---Ls .. d l-v-.' 0" "1<(4-
~ - ~A ~~ 11~ "Sd' ~ z~. . - -~
~ ko. A-'X +0 ~ _____-c-d ~ ~
t--m~ ~'"~ ,~ *'. l~_l
AbAr.rdcrn ~f!5 +0 '~-t~~~. L/1) ~ f'y-,--...,-.!~
Signed:
6 l A.O V\.A ~ A /M~ Date:
4/30 } 6-Z-
Please return any comments by Thursday, May 9, 2002, to
Jane Kansier, ORC Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (952) 447-9812
Fax: (952) 447-4245
1:\02files\02vacations\02-049 wensmann 1\referral.doc
Page 2