HomeMy WebLinkAbout6A - Oak Ridge Ct. 2nd Addn.
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
STAFF AGENDA REPORT
6A
DEB GARROSS, ASSISTANT CITY PLANNER
PUBLIC HEARING TO CONSIDER VACATION OF A
DRAINAGE AND UTILITY EASEMENT WITHIN THE PLAT
OF OAK RIDGE COURT 2ND ADDITION.
FEBRUARY 5, 1996
The purpose of this public hearing is to consider the vacation of
part of the Drainage and Utility Easement platted over Lot 3,
Block 1, Oak Ridge Court 2nd Addition. See attached map for
reference to the vacation subject site).
The City Engineering Department has been working with the
property owners, Clayton and Carol Endres, to correct an
easement issue on their lot. When Oak Ridge Court 2nd
Addition was platted, a drainage and utility easement was
dedicated on the plat to allow a storm water drain pipe to be
installed and maintained. During construction, the pipe was
installed outside of the platted Drainage and Utility Easement.
The attached survey indicates the location of the existing pipe
is outside of the easement area. To correct the situation, the
property owners have given the City a Quit Claim Deed for a
15' wide strip of land over the actual stormwater pipe, and
requested the City to vacate the easement which is in error.
Staff mailed notice to all affected property owners and utility
companies. No objections were raised regarding the proposed
easement vacation. In a vacation request, the City must
determine whether there is a public need or anticipated future
need for the dedicated property. In this case, the dedicated
easement was to allow for the installation of a storm sewer
pipe. Because the pipe was located in a different area of the
lot, the platted easement does not cover the actual storm water
pipe as installed. The platted easement is not necessary and
can therefore be vacated. The attached quit claim deed
provides for appropriate area above the installed pipe to be
able to maintain and access the storm sewer pipe. The
recommendation from staff is to approve attached Resolution
96-14 authorizing the vacation of the easement as legally
OAKVACCC.DOC
16200 ~le Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQL:AL OPPORTUNITY EMPLOYER
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described therein.
ALTERNATIVES:
1. Approve Resolution 96-14 authorizing the vacation of part
of the Drainage and Utility Easement platted over Lot 3,
Block 1, Oak Ridge Court 2nd Addition, as legally
described therein.
2. Table or continue this item for further information as per
Council discussion.
RECOMMENDATION: Alternative #1.
ACTION REQUIRED: A motion to adopt Resolution 96-14.
e public hearing is required.
OAKVACCC.DOC
DG
1
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RESOLUTION 96-14
RESOLUTION PROVIDING FOR THE VACATION
OF PART OF A DRAINAGE EASEMENT LOCATED ON PART OF LOT 3, BLOCK 1,
OAK RIDGE COURT 2ND ADDITION
MOTION BY: SECOND BY:
WHEREAS, the City Council of Prior Lake, on its own motion, endeavors to vacate part
of a platted Drainage Easement situated in the City of Prior Lake, Scott
County, Minnesota to wit:
LEGAL DESCRIPTION:
Vacation of drainage easement over that part of Lot 3, Block 1, Oak
Ridge Court 2nd Addition, according to said plat on file and of record
in the office of the County Recorder, Scott County, Minnesota,
described as follows:
Commencing at the intersection of a line drawn parallel with and
distant 10.00 feet East of the West line of said Lot 3 and a line drawn
parallel with and distant 10.00 feet Southerly of the Northerly line of
said Lot 3; thence South 06 degrees 29 minutes 35 seconds East, on
an assumed bearing along said line drawn parallel with and distant
10.00 feet East of the West line of Lot 3, a distance of 113.00 feet;
thence North 85 degrees 30 minutes 25 seconds East, a distance of
72.00 feet; thence North 61 degrees 39 minutes 59 seconds East a
distance of 85.00 feet to the point of beginning of said drainage
easement to be described; thence North 15 degrees 35 minutes 04
seconds West, along a line to be hereinafter referred to as "Line A", a
distance of 42.00 feet to an intersection with said line drawn parallel
to and distant 10.00 feet Southerly of the Northerly line of Lot 3;
thence South 64 degrees 31 minutes 39 seconds East, along said
parallel line, a distance of 19.89 feet to an intersection with a line
drawn parallel with and distant 15.00 feet Easterly of said above-
referenced "Line A"; thence South 15 degrees 35 minutes 04 seconds
East, along said parallel line, a distance of 30.00 feet; thence South
84 degrees 54 minutes 11 seconds West a distance of 11.02 feet;
thence South 61 degrees 39 minutes 59 seconds West a distance of
4. 26feet to the point of beginning.
WHEREAS,
notice of the hearing on said motion to vacate has been duly published and
16200 E~~~~ Ave. S.L Prior Lake. Minnesota 55172-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQL:AL OPPORTUNITY EMPLOYER
.
posted in accordance with the applicable Minnesota Statutes, and
WHEREAS,
a Public Hearing was held on said motion to vacate on Monday, February 5,
1996, in the Council Chambers located at the Prior Lake Fire Station # 1; and
WHEREAS,
the City Council then proceeded to hear all persons interested in said motion
and persons interested afforded the opportunity to present their views and
objections on said motion; and
WHEREAS,
the City Council of Prior Lake has determined that the vacation of said
Drainage 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 above described Drainage Easement
situated in the City of Prior Lake, Scott County, Minnesota is hereby vacated.
BE IT FURTHER RESOLVED that this Resolution will be forwarded to the Office of the
County Recorder, Scott County, for appropriate action.
Passed and adopted this ~day of Februal)', 1996.
YES
NO
ANDREN
GREENFIELD
KEDROWSKI
MADER
SCHENCK
ANDREN
GREENFIELD
KEDROWSKI
MADER
SCHENCK
Frank Boyles, City Manager
City of Prior Lake
{Seal}
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MEMORANDUM
TO:
FROM:
RE:
DATE:
DEB GARROSS, ASSISTANT CITY PLANNER
VERL YN RAAEN, ENGINEERING TECHNICIAN
OAK RIDGE COURT 2ND ADDITION EASEMENT VACATION
DECEMBER 19, 1995
In the plat referenced above, a significant portion of Lot 3, Block 1 was dedicated as drainage
easement in part due to the large ponding area on the lot. A 15' wide strip of this easement as
shown on the attached drawing ("bold outlined area") was created to allow a stonnwater drain
pipe to be installed and maintained. A recent survey has indicated that this pipe does not exist
within the confines of the platted 15' wide strip. The property owners, Clayton and Carole
Endres, have requested that the 15' wide strip be vacated. In exchange for this vacation they will
sign a document creating an easement in the proper location prior to the vacation proceeding.
The vacation description is attached. Please copy me on the legal notice.
OAKRDCn.DOC
II
.
Form No. 20.M--UUU- CLAIM oeeo
Individual (sIlo CorrlQrnlion
or Parlllorship
MIIIIlI'sut.. UlIlfulIll (;lI11vrYAflC"hl_ IHnllk~ (1!l7R)
MlllfIf IJnvlS Co M,,,,lt'llluJh,,
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No,______
.19_
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $
Date:
~~d
.-0..3
, l!l '9 k:.
FOR VALUABLE CONSIDERATION,
and wif e
(reserved for recording data)
Clayton C. Endres. Jr. and Carol A. Endres. husband
'msri laj~laftlsl
, Grantor(s).
herehy convey (5) and quitclaim (5) to
the City of Prior Lake
a ~pa] corporation
real property in Scott
under the laws of the State of Minnesota
County. Minnesota, described as follows:
, Granlee,
An easement for storm sewer purposes over under and across that part of Lot 3.
Block 1, OAK RIDGE COURT 2ND ADD'N, Scott County. Minnesota described as follows:
A strip of land 15.00 feet in width the centerline of which is described as
follows:
Commencing at the northeast corner of said Lot 3: thence North 87 degrees 48 minutes
34 seconds West plat bearing along a northerly line of said Lot 3. a distance of
80.00 feet; thence North 64 degrees 31 minutes 39 seconds West along a northerly line
of said Lot 3. a distance of 11.15 feet to the point of beginning of the centerline
to be described; thence South 15 degrees 08 minutes 39 seconds East a distance of
44.00 feet and there terminating.
lir more space is needed. continue on back)
together with all hereditaments and appurtenances helonging thereto.
~k~'(CO~ W '
~~.~
Clayton C. Endres, Jr. /
Ifll} Il",." 'I." ;';1:11111' 11"11'
COUNTY OF
STATE OF MINNESOTA
s..e.;:xr
~~_ -1' ~
Carol A. Endres
} 55.
The
by
daYOf.q~
,19 <i1<",
, Grantor (s).
e ANGElAJASPERS
NOTARY P\Jlll.IC44lNNESOTA
seem COUNtY
..,~~JolH31.1Dl
Tal( Sl.tern_nil lor the real property d..crlbed In thl. Indrument .hould
be lent. to (Include neme and addre.. or Grantee):
'TillS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRES~)~
I :
i City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake. MN 55372