HomeMy WebLinkAbout7A - Sterling South at Wilds
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
AUGUST 19, 2002
7A
JANE KANSIER, PLANNING COORDINATOR
PUBLIC HEARING TO CONSIDER APPROVAL OF A
RESOLUTION VACATING THE DRAINAGE AND UTILITY
EASEMENT LOCATED ON LOT 89, STERLING SOUTH AT
THE WILDS (Case File #02-079)
History: McDonald Construction has filed an application to vacate a
portion of the drainage and utility easement located on Lot 89, Sterling
South at the Wilds. When Sterling South at The Wilds was platted in
1994, Lot 89, Block 1, was platted as common 3!ea for the townhouse
development, and as such, was covered by a drainage and utility
easement. The developer is requesting the vacation of a portion of this
easement at this time because three of the new units will be located
within this area. The vacation will not affect the remainder of the
easements on the common lot. The City Council will consider an
amendment to the Sterling South at the Wilds PUD and a combined
preliminary and final plat for Sterling Addition on this same agenda.
Current Circumstances: The Planning Commission reviewed this
vacation request on July 22, 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.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
Conclusion: The Planning Commission and staff 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 staffwith 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.
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Page 2
RESOLUTION 02;& Is L
RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE DRAINAGE
AND UTILITY EASEMENT LOCATED ON LOT 89, BLOCK 1, STERLING SOUTH AT THE
WILDS
MOTION BY:
JP
SECOND BY:
J-l
WHEREAS,
A petition for the vacation of a portion of the drainage and utility easements located
on Lot 89, Block 1, Sterling South at the Wilds 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:
Beginning at the northeast corner of Lot 40, Sterling South at the Wilds, according to
the recorded plat thereof; thence South 69 degrees 13 minutes 56 seconds West
(assumed bearing) a distance of 71.64 feet; thence North 00 degrees 27 minutes 25
seconds East 13.85 feet; thence North 89 degrees 32 minutes 35 seconds West 90.00
feet; thence South 00 degrees 27 minutes 25 seconds West 95.00 feet; thence South
89 degrees 32 minutes 35 seconds East 90.00 feet; thence South 71 degrees 55
minutes 28 seconds East 30.86 feet; thence South 82 degrees 43 minutes 33 seconds
West 128.57 feet; thence North 00 degrees 27 minutes 25 seconds East 95.00 feet;
thence North 89 degrees 32 minutes 35 seconds West 90.00 feet; thence South 00
degrees 27 minutes 25 seconds West 95.00 feet; thence North 72 degrees 21 minutes
03 seconds West 29.98 feet; thence North 19 degrees 38 minutes 32 seconds
East87.15 feet; thence North 00 degrees 27 minutes 25 seconds East 8.31 feet; thence
North 77 degrees 42 minutes 54 seconds East 100.46 feet; thence North 86 degrees
02 minutes 56 seconds East 157.25 feet to the point of beginning and there
terminating.
Together with the following described properties:
Beginning at the South East corner of Lot 32, Sterling South at the Wilds, according
to the recorded plat thereof; thence North 48 degrees 28 minutes 34 seconds East
75.70 feet; thence South 19 degrees 38 minutes 32 seconds West 75.48 feet; thence
North 56 degrees 15 minutes 38 seconds West 37.64 feet to the point of beginning
and there terminating.
WHEREAS,
Notice of the hearing has been duly published and posted in accordance with the
applicable Minnesota Statutes, and
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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
WHEREAS,
A Public Hearing was held on said petition on Monday, August 19, 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:
I. 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
Beginning at the northeast corner of Lot 40, Sterling South at the Wilds, according to the recorded plat
thereof; thence South 69 degrees 13 minutes 56 seconds West (assumed bearing) a distance of71.64
feet; thence North 00 degrees 27 minutes 25 seconds East 13.85 feet; thence North 89 degrees 32
minutes 35 seconds West 90.00 feet; thence South 00 degrees 27 minutes 25 seconds West 95.00 feet;
thence South 89 degrees 32 minutes 35 seconds East 90.00 feet; thence South 71 degrees 55 minutes
28 seconds East 30.86 feet; thence South 82 degrees 43 minutes 33 seconds West 128.57 feet; thence
North 00 degrees 27 minutes 25 seconds East 95.00 feet; thence North 89 degrees 32 minutes 35
seconds West 90.00 feet; thence South 00 degrees 27 minutes 25 seconds West 95.00 feet; thence
North 72 degrees 21 minutes 03 seconds West 29.98 feet; thence North 19 degrees 38 minutes 32
seconds East87.15 feet; thence North 00 degrees 27 minutes 25 seconds East 8.31 feet; thence North
77 degrees 42 minutes 54 seconds East 100.46 feet; thence North 86 degrees 02 minutes 56 seconds
East 157.25 feet to the point of beginning and there terminating.
Together with the following described properties:
Beginning at the South East corner of Lot 32, Sterling South at the Wilds, according to the recorded
plat thereof; thence North 48 degrees 28 minutes 34 seconds East 75.70 feet; thence South 19 degrees
38 minutes 32 seconds West 75.48 feet; thence North 56 degrees 15 minutes 38 seconds West 37.64
feet to the point of beginning and there terminating.
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 Sterling Addition
has been approved and signed by the City.
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Page 2
Passed and adopted this 19th day of August, 2002.
Haugen
Gundlach
LeMair
Petersen
Zieska
{Seal}
Haugen
Gundlach
LeMair
Petersen
Zieska
NO
Frank Boyles, City Manager
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Page 3
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