HomeMy WebLinkAboutHearing - Wilds 4th Easement
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
OCTOBER 2, 2000
8A
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
PUBLIC HEARING TO CONSIDER APPROVAL OF A
RESOLUTION VACATING A 10' WIDE DRAINAGE AND
UTILITY EASEMENT LOCATED ON OUTLOT B, THE
WILDS 4TH ADDITION
History: Outlot B, The Wilds 4th Addition, was originally platted in
September, 1997. As is common in all new subdivision plats, a 10'
wide drainage and utility easement was dedicated along the outer
boundary of the outlot. Shamrock Development, the property owner,
is requesting the vacation of the 10' wide easement located along the
west property boundary of Outlot B. The purpose of this petition is to
allow the platting of this property into new lots,
On September 18, 2000, the City Council approved the final plat to be
known as The Wilds 5th Addition. This plat includes Outlot B, as well
as approximately 10 acres to the west. The plat subdivides the
property into 37 lots for single family dwellings, The existing
easement runs through the middle of several ofthe new lots,
Current Circumstances: The Planning Commission reviewed this
vacation request on September 25,2000. 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 ofthis easement is not inconsistent with any
specific goal or objective of the Comprehensive Plan,
There are no utilities located within this easement. The approval of the
final plat for The Wilds 5th Addition dedicates the necessary easements
to serve this property, No public interest is served by retaining this
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
'I' II'
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
easement. It is therefore appropriate to vacate this easement in order
to allow the development of the approved lots.
Conrlm;on' The Planning Commission and the staff recommend
approval of the easement vacation.
The City Council has three alternatives:
1, Adopt a Resolution approving the vacation,
2. Direct staffto 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 as requested is required.
1
1:\OOfiles\OOvac\OO-069\OO-069 cc report. doc
Page 2
~~
RESOLUTION OO~
RESOLUTION PROVIDING FOR THE VACATION OF THE 10'WIDE DRAINAGE AND UTILITY
EASEMENT LOCATED ALONG THE WEST LOT LINE OF OUTLOT B, THE WILDS 4TH ADDITION
MOTION BY: SECOND BY:
WHEREAS, a petition for the vacation of the 10' wide drainage and utility easement located
along the west boundary of Outlot B, The Wilds 4th 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:
The west 10.00 feet of Outlot B, The Wilds 4th Addition
And
WHEREAS, notice of the hearing on said petition 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 2, 2000, 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 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 pursuant to
Minnesota Statues 412,851, the following described drainage and utility easement situated on Outlot
B, The Wilds 4th Addition, is hereby vacated:
Leaal Description
The west 10,00 feet of Outlot B, The Wilds 4th Addition
BE IT FURTHER RESOLVED, this Resolution will be forwarded to the Office of the County Recorder,
Scott County, for appropriate action,
Passed and adopted this 2nd day of October, 2000,
1:\OOfiles\OOvac\OO-069\rsOOxxcc.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
, ""',--"'""".""._.",....._,._-,-,._...-._._-,~-,...._~.~' Ir
Mader Mader
Gundlach Gundlach
Ericson Ericson
Petersen Petersen
Zieska Zieska
YES
NO
Frank Boyles. City Manager
City of Prior Lake
{Seal}
1: \OOfiles\OOvac\OO-069\rsOOxxcc.doc
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