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Home My WebLink About7B - Wensman 3rd Addn. Easement MEETING DATE: AGENDA #: PREP ARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT JUNE 3, 2002 7B 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 39, BLOCK 1, WENSMANN 2ND ADDITION (Case File #02-048) History: Wensmann Realty, Inc. has filed an application to vacate the drainage and utility easement located on Lot 39, Block 1, Wensmann 2nd Addition. When Wensmann 2nd was platted in 2001, Lot 39, Block 1, was platted as common area for the townhouse development, and as such, was covered by a drainage and utility easement. The developer is requesting the vacation of this easement at this time because one of the new townhouse units will be located within this area. A new common lot, with a new easement, will be included as part of the final plat ofWensmann 3rd. The City Council will consider the preliminary plat for Wensmann 3rd Addition on this same agenda. Current Circumstances: The Planning Commission reviewed this vacation request on May 13,2002. The Planning Commission recommended approval of the proposed vacation, subject to the condition that the resolution 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. 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. There is no need for the retention of the existing easement once the final plat is recorded. A new easement will be dedicated as part of the final plat. 1:\02files\02vacations\02-48 wensmann 3\02-048 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: rnnr/u"i:inn. The Planning Commission and staff therefore recommend approval of this request, subject to the condition that the resolution vacating the easement be recorded with the final plat. 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:\02files\02vacations\02-48 wensmann 3\02-048 cc report. doc Page 2 RESOLUTION PROVIDING FOR THE VACATION OF THE DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 39, BLOCK 1, WENSMANN 2ND ADDITION Jf ?z- RESOLUTION 02-~ SECOND BY: LL- MOTION BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, A petition for the vacation of drainage and utility easements located on Lot 39, Block 1, Wensmann 2nd 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 drainage and utility easements lying over, under and across Lot 39, Block 1, WENSMANN 2ND ADDITION, according to the recorded plat thereof, Scott County, Minnesota, as delineated and dedicated on said WENSMANN 2ND ADDITION. 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, June 3, 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. 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: 1:\02files\02vacations\02-48 wensmann 3\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 Legal Description All drainage and utility easements lying over, under and across Lot 39, Block 1, WENSMANN 2ND ADDITION, according to the recorded plat thereof, Scott County, Minnesota, as delineated and dedicated on said WENSMANN 2ND ADDITION. 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 the easement will not be recorded until the final plat of Wensmann 3rd has been approved and signed by the City. Passed and adopted this 3rd day of June, 2002. Haugen Haugen Gundlach Gundlach LeMair LeMair Petersen Petersen Zieska Zieska YES NO {Seal} Frank Boyles, City Manager 1:\02files\02vacations\02-48 wensmann 3\rs02xxcc.doc Page 2 Location Map / \' . , '"'' l_~_ '- ------------------- f3 ~~ ~~ ~ I -I m @ "'0 Z m ::0 0 G:l Z 11m I ~ J I: I . . \ ! L-J _~J . r->_I r-~=j ) }i 8T NW --454T-H-ST--NW U ~ ~ , 1.1 i-- .-, ~1TIIJ) "- i-'r_ II) "- '- ~._- ..------ ---- _ --------------------- ',~ ~ Drainage and Utility Easerrent to be vacated {---- ~'.- 154TH 8T NW 1-~~-1 I i I I----~--~- N A ~_._--_._-----_...._--_._-'-_.,-----------_.._----'_.._------- i I