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MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
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CITY COUNCIL AGENDA REPORT
OCTOBER 21, 2002
4G
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING
THE COMMON INTEREST COMMUNITY NUMBER 1079
(DEERFIELD CONDOMINIUM) ELEVENTH
SUPPLEMENTAL CIC PLAT
History: On January 18, 2000, the City Council adopted Resolution
00-08 approving the preliminary plat for Deerfield. The preliminary
plat consisted of 165 acres to be developed with 78 single family lots
and 462 townhouse lots, for a total of540 units. In 2000 and 2001, the
City Council also adopted Resolution 00-57 and Resolution 01-53,
approving the final plats of Deer field 3rd Addition, Deerfield 4th
Addition and Deerfield 5th Addition. On August 5, 2002, the Council
adopted Resolution 02-120, approving the final plat for Deerfield 7th,
These final plats create lots for a total of 206 townhouse units.
Current Circumstances: At this time, the developer is requesting
approval of a Common Interest Community (CIC) plat. The purpose
of a CIC plat is to allow the subdivision oftownhouse or condominium
units into lots for each individual unit for sale to individual owners.
Essentially, the plat creates a lot around the four walls of an individual
unit. CIC plats are typically done following the actual construction of
the buildings in question. In this case, 10 dwelling units are included
in the eIe plat. The eIC plat does not change the number of units or
the density of the development.
Staff has reviewed the CIC plat and finds it consistent with the
approved preliminary and final plats.
The Issues: eIC plats do not require a development contract. The
required developer improvements were included under a previous final
plat, so no Letter of Credit is necessary. In addition, the City fees
nonnally associated with a final plat have been collected under the
previous Development Contracts for Deerfield's [mal plats.
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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
'---,"."-'--'--'
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
A portion of this CIC plat includes land platted as Deerfield 7th. While
the final plat for Deerfield 7th has been approved by the City Council,
it has not yet been recorded. The final plat of Deer field 7th must be
recorded prior to recording this CIC plat.
Conclusion: A copy ofthe CIC plat is attached to this report. Staff
will be available to discuss the details of this plat with the Council.
Bud/.?et Impact: There are no budget impacts with the approval of
these CIC plats since the buildings have already been built.
The City Council has three alternatives:
1. Adopt a Resolution approving the Common Interest Community
Number 1079 (Deerfield Condominium) Eleventh Supplemental
CIC Plat.
2. Deny the resolution approving the CIC plat.
3. Defer this item and provide staffwith specific direction.
The staff recommends adoption of Alternative #1 as part of the consent
agenda.
A motion and second to adopt a resolution approving the Common
Interest Community Number 1079 (Deerfield Condominium) Eleventh
Supplemental CIC Plat and authorizing the Mayor and City Manager
to sign the CIC plat documents is required.
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Page 2
16
\1~
RESOLUTION 02~
RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE DRAINAGE
AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT THE INTERSECTION OF
CSAH 21 AND TH 13 WHICH IS TO BE PLATTED AS TIMBER CREST PARK
MOTION BY:
SECOND BY:
WHEREAS,
A petition for the vacation of a portion of the drainage and utility easements located
on the property located at the intersection of CSAH 21 and TH 13, which is to be
platted as Timber Crest Park, 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:
Commencing at the Southeast comer of Lot #6, Block 2, Original town, Section
2, Township 114, Range 22; Thence South 740, 59', 05" East 33 feet to the
centerline of Fifth Street; Thence South 150, 00', 55" West:!: 157.72 feet to the
South right-of-way of the Chicago, Milwaukee, St. Paul Pacific Railroad; Thence
South 740, 59', OS" East 15.0 feet to the point of beginning; Thence South 740,
59', OS" East 10.0 feet; Thence South 150,00',55" West:!: 138.5; Thence North
740,59',05" West 10.0 feet; Thence North 150,00,55" East:!:: 138.5 to the point
of beginning and there terminating.
And:
A perpetual easement to install, operate, maintain, repair, replace or remove a
sanitary sewer line. Said permanent easement being 1 0 feet on either side of the
following described line and said temporary construction easement being 60 feet to
the South and 40 feet to the North of the following described line. Said line is
described as follows:
Commencing at the intersection of the centerline of said Chicago, Milwaukee, St.
Paul and Pacific Railroad and the centerline of State Trunk Highway No. 13;
thence Southerly, along the centerline of said State Trunk Highway No. 13, a
distance of 265.68 feet to the line to be described; thence Easterly, deflecting to
the left 119 degrees 34 minutes 15 seconds, a distance of 102.94 feet; thence
Southeasterly, deflecting to the right 23 degrees 42 minutes 39 seconds, a
distance of 208.66 feet and said line there terminating.
And:
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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
T
A 30.00 foot permanent easement for sanitary sewer purposes over, under and across
the above described parcel. The centerline of said easement is described as follows:
Commencing at a point on the centerline of Fifth Street 322.6 feet southerly of
the southerly line of Dakota Street according to the record plat of the Town of
Prior Lake; thence southerly, along said centerline and its southerly extension, a
distance of 127.00 feet to the southerly right of way of the Chicago, Milwaukee,
St. Paul and Pacific Railway and the point of beginning of the centerline to be
described; thence continuing on said southerly extension 146.63 feet and said
centerline there terminating.
And:
A 20.00 foot permanent easement for sanitary sewer purposes over, under and across
the above described parcel. The centerline of said easement is described as follows:
Commencing at the northeast comer of Lot 3, Block 1, Bluff Heights Addition,
according to the plat on file in the office of the County Recorder, Scott County,
Minnesota; thence North 76 degrees 58 minutes 27 seconds East, record bearing,
along the northerly line of said plat 33.00 feet to the point of beginning of the
centerline to be described; thence North 11 degrees 52 minutes 37 seconds West
99.32 feet; thence North 38 degrees 54 minutes 34 seconds West 239.29 feet;
thence North 60 degrees 14 minutes 21 seconds East 419.00 feet; thence North 19
degrees 48 minutes 06 seconds East 317.55 feet; thence North 72 degrees 11
minutes 54 seconds West 319.66 feet more or less to a point 576.23 feet south of
the southerly line of Dakota Street as measured along the centerline of Fifth
Street and its southerly extension thereof and said centerline there terminating.
And:
A perpetual easement lying within the boundaries of a strip of land 30 feet in width
the center line of which is described as follows:
That part of the Southwest Quarter (SW 114) ofthe Northeast Quarter (NE 114) and that
part of the Southeast Quarter (SE Y4) of the Northeast Quarter (NE Y4) of Section 2, T
114 N, R 22 W, and that part of Block 3, CATES ADDITION, Prior Lake, Minn.
Included in the area lying 15 feet each side of the following described line:
Beginning at the center ofthe intersection of Pleasant Ave. and Deere Street in Prior
Lake, Minn., thence South 159.98 feet along the centerline of Deere Street, thence
South 80 degrees 50 minutes 10 seconds East 177.0 feet, thence South 87 degrees 17
minutes 17 seconds East 389.95 feet, thence South 62 degrees 17 minutes 30 seconds
East 261.64 feet, thence North 74 degrees 19 minutes 05 seconds East 306.51 feet;
thence North 48 degrees 51 minutes 55 seconds East, 367.78 feet, thence North 63
degrees 30 minutes 45 seconds East 225.66 feet, thence South 75 degrees 46 minutes
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25 seconds East 333.06 feet, thence North 15 degrees 00 minutes 55 seconds East
273.63 feet more or less to a point on the centerline of Fifth Street distant 322.6 feet
southerly of the southerly line of Dakota Street, and there terminating.
WHEREAS,
Notice of the hearing has been duly published and posted in accordance with the
applicable Minnesota Statutes, and
WHEREAS,
A Public Hearing was held on said petition on Monday, October 21, 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
Commencing at the Southeast corner of Lot #6, Block 2, Original town, Section 2, Township 114,
Range 22; Thence South 740,59',05" East 33 feet to the centerline of Fifth Street; Thence South 150,
00', 55" West :t: 157.72 feet to the 8.outh right-of-way of the Chicago, Milwaukee, St. Paul Pacific
Railroad; Thence South 740, 59', 05" East 15.0 feet to the point of beginning; Thence South 740,59',
05" East 10.0 feet; Thence South 150, 00', 55" West:t 138.5; Thence North 740, 59', 05" West 10.0
feet; Thence North 150, 00, 55" East:t 138.5 to the point of beginning and there terminating.
And:
A perpetual easement to install, operate, maintain, repair, replace or remove a sanitary sewer line.
Said permanent easement being 10 feet on either side of the following described line and said
temporary construction easement being 60 feet to the South and 40 feet to the North of the following
described line. Said line is described as follows:
Commencing at the intersection of the centerline of said Chicago, Milwaukee, St. Paul and Pacific
Railroad and the centerline of State Trunk Highway No. 13; thence Southerly, along the centerline of
said State Trunk Highway No. 13, a distance of 265.68 feet to the line to be described; thence
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,
Easterly, deflecting to the left 119 degrees 34 minutes 15 seconds, a distance of 102.94 feet; thence
Southeasterly, deflecting to the right 23 degrees 42 minutes 39 seconds, a distance of 208.66 feet and
said line there terminating.
And:
A 30.00 foot permanent easement for sanitary sewer purposes over, under and across the above
described parcel. The centerline of said easement is described as follows:
Commencing at a point on the centerline of Fifth Street 322.6 feet southerly of the southerly line of
Dakota Street according to the record plat of the Town of Prior Lake; thence southerly, along said
centerline and its southerly extension, a distance of 127.00 feet to the southerly right of way of the
Chicago, Milwaukee, St. Paul and Pacific Railway and the point of beginning of the centerline to be
described; thence continuing on said southerly extension 146.63 feet and said centerline there
terminating.
And:
A 20.00 foot permanent easement for sanitary sewer purposes over, under and across the above
described parcel. The centerline of said easement is described as follows:
Commencing at the northeast comer of Lot 3, Block 1, Bluff Heights Addition, according to the plat
on file in the office of the County Recorder, Scott County, Minnesota; thence North 76 degrees 58
minutes 27 seconds East, record bearing, along the northerly line of said plat 33.00 feet to the point of
beginning of the centerline to be described; thence North 11 degrees 52 minutes 37 seconds West
99.32 feet; thence North 38 degrees 54 minutes 34 seconds West 239.29 feet; thence North 60 degrees
14 minutes 21 seconds East 419.00 feet; thence North 19 degrees 48 minutes 06 seconds East 317.55
feet; thence North 72 degrees 11 minutes 54 seconds West 319.66 feet more or less to a point 576.23
feet south of the southerly line of Dakota Street as measured along the centerline of Fifth Street and its
southerly extension thereof and said centerline there terminating.
And:
A perpetual easement lying within the boundaries of a strip of land 30 feet in width the center line of
which is described as follows:
That part of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE V4) and that part of the
Southeast Quarter (SE 1/4) of the Northeast Quarter (NE ~) of Section 2, T 114 N, R 22 W, and that
part of Block 3, CATES ADDITION, Prior Lake, Minn. Included in the area lying 15 feet each side of
the following described line: Beginning at the center of the intersection of Pleasant Ave. and Deere
Street in Prior Lake, Minn., thence South 159.98 feet along the centerline of Deere Street, thence
South 80 degrees 50 minutes 10 seconds East 177.0 feet, thence South 87 degrees 17 minutes 17
seconds East 389.95 feet, thence South 62 degrees 17 minutes 30 seconds East 261.64 feet, thence
North 74 degrees 19 minutes 05 seconds East 306.51 feet; thence North 48 degrees 51 minutes 55
seconds East, 367.78 feet, thence North 63 degrees 30 minutes 45 seconds East 225.66 feet, thence
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South 75 degrees 46 minutes 25 seconds East 333.06 feet, thence North 15 degrees 00 minutes 55
seconds East 273.63 feet more or less to a point on the centerline of Fifth Street distant 322.6 feet
southerly of the southerly line of Dakota Street, 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 Timber Crest Park
has been approved and signed by the City.
Passed and adopted this 21 st day of October, 2002.
YES
NO
Haugen 1\ Haugen
Gundlach "- Gundlach
LeMair \ LeMair
Petersen \ Petersen
Zieska \ Zieska
{Seal}
Frank Boyles, City Manager
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Page 5
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