HomeMy WebLinkAbout7A - Wilds Drive & Wilds North
CITY COUNCIL AGENDA REPORT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
MARCH 15, 2004
7A
JANE KANSIER, PLANNING COORDINATOR
AGENDA ITEM:
PUBLIC HEARING TO CONSIDER APPROVAL OF A
RESOLUTION VACATING A PORTION OF THE RIGHT-OF-
WAY FOR WILDS DRIVE AND THE DRAINAGE AND
UTILITY EASEMENTS LOCATED ON OUTLOTS I & J, THE
WILDS AND ON LOT 14, BLOCK 2, AND OUTLOT B, THE
WILDS NORTH (Case File #04-011)
DISCUSSION:
History: On November 3,2003, the City Council approved the
preliminary plat known as Wensmann 4th Addition. This preliminary
plat included the lots previously platted as Outlots I and J, The Wilds,
and as Lot 14, Block 2, and Outlot B, The Wilds North. The plat also
reconfigures the segment of Wilds Drive located between Wilds
Parkway and Cougar Path as originally platted in The Wilds and The
Wilds North. Wensmann Homes has now filed an application for a
final plat for Wensmann 4th Addition. In order to reconfigure the lots
and the street, the existing right-of-way, drainage and utility easements
must be vacated. New easements and right-of-way will be dedicated in
the final plat.
Current Circumstances: The Planning Commission reviewed this
vacation request on March 8, 2004. 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." One of the goals of the Comprehensive Plan is to "plan for
access to and movement of people, goods and services." The vacation
of the existing right-of-way for Wilds Lane will further this goal. New
right-of-way for the realignment of the street will be dedicated as part
of the final plat.
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Phone 952.447.4230 / Fax 952.447.4245
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
The Comprehensive Plan does not specifically discuss utility
easements, other than as a function of ensuring access to public
utilities. The vacation of the easements is not inconsistent with any
specific goal or objective of the Comprehensive Plan. The new plat
will dedicate necessary easements for this area
Conclusion: The Planning Commission and the staff recommend
approval of the requested vacation.
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
right-of-way and easements subject to the listed condition is required.
Prank Bo e
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RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE RIGHT-OF-WAY FOR WILDS DRIVE AND
THE DRAINAGE AND UTILITY EASEMENTS LOCATED ON OUTLOTSI & J, THE WILDS AND ON LOT 14, BLOCK 2, AND
OUTLOT S, THE WILDS NORTH
WHEREAS,
WHEREAS,
MOTION BY:
SECOND BY:
A petition for the vacation of a portion of the right-of-way for Wilds Drive and the drainage and
utility easements located on Outlots I and J, The Wilds, and on Lot 14, Block 2, and Outlot B,
The Wilds North, 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 (Right-of-Way):
All that part of Wilds Drive, as delineated and dedicated on THE WILDS NORTH, according to
the recorded plat thereof, Scott County, Minnesota, lying southerly of a line lying 25.00 feet
southerly of as measured at right angles to and parallel with the center line of Cougar Path as
delineated and dedicated on said WILDS NORTH.
Together with:
All that part of Wilds Drive, as delineated and dedicated on THE WILDS, according to the
recorded plat thereof, Scott County, Minnesota, lying northerly of a line lying 42.00 feet
northerly of as measured at right angles to and parallel with the center line of Wilds Trail as
delineated and dedicated on said THE WILDS.
AND
Legal Description (Drainage and Utility Easements):
All drainage and utility easements lying over, under and across Outlots I and J, THE WILDS,
according to the recorded plat thereof, Scott County, Minnesota as delineated and dedicated
on said THE WILDS.
And
All drainage and utility easements lying over, under and across Lot 14, Block 2, and Outlot B,
THE WILDS NORTH, according to the recorded plat thereof, Scott County, Minnesota as
delineated and dedicated on said THE WILDS NORTH.
Notice of the hearing has been duly published and posted in accordance with the applicable
Minnesota Statutes, and
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Phone 952.447.4230 / Fax 952.447.4245
WHEREAS,
A Public Hearing was held on said petition on Monday, March 15, 2004, at 7:00 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 were afforded the opportunity to present their views and objections to the granting
of said petition; and
WHEREAS,
New right-of-way and drainage and utility easements will be dedicated as part of the final plat
for Wensmann 4th Addition, so the existing right-of-way and drainage and utility easements
are not necessary for the maintenance of public utilities.
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. The City Council of Prior Lake has determined that the vacation of said right-of-way and easements would be in
the public interest.
3. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easements are hereby
vacated:
Legal Description (Right-of-Way):
All that part of Wilds Drive, as delineated and dedicated on THE WILDS NORTH, according to the recorded plat
thereof, Scott County, Minnesota, lying southerly of a line lying 25.00 feet southerly of as measured at right
angles to and parallel with the center line of Cougar Path as delineated and dedicated on said WILDS NORTH.
Together with:
All that part of Wilds Drive, as delineated and dedicated on THE WILDS, according to the recorded plat thereof,
Scott County, Minnesota, lying northerly of a line lying 42.00 feet northerly of as measured at right angles to and
parallel with the center line of Wilds Trail as delineated and dedicated on said THE WILDS.
AND
Legal Description (Drainage and Utility Easements):
All drainage and utility easements lying over, under and across Outlots I and J, THE WILDS, according to the
recorded plat thereof, Scott County, Minnesota as delineated and dedicated on said THE WILDS.
And
All drainage and utility easements lying over, under and across Lot 14, Block 2, and Outlot B, THE WILDS
NORTH, according to the recorded plat thereof, Scott County, Minnesota as delineated and dedicated on said
THE WILDS NORTH.
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4. This vacation is subject to the following condition:
a) The resolution vacating said right-at-way and easements will be recorded with the final plat.
Passed and adopted this 15th day of March, 2004.
YES
NO
Haugen Haugen
BlomberQ Blomberg
LeMair LeMair
Petersen Petersen
Zieska Zieska
{Seal}
Frank Boyles, City Manager
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PROPOSfO LEGAL DESCRIPllON TO VACATE WILDS DRIVE
All that port of Wilds Drive, os delineated and dedicated on THE WILDS NORTH, according to the recorded plot thereof, Scott
County, Mlnnesotu, lying southerly of a line lying 25.00 feet southerly of os mtlasured at right angles to and parallel with
the center line of Cougar Palh as delineated and dedicated on sold THE WILDS NORTH.
Togelher with:
All that part of Wilds Drive, as delineated and dedicated on THE WILDS, according to the recorded plot thereof, said scon
County, lying northerly of a line lying 42.00 feet northerly of 08 measured at right angles to and parallel with the center
line of Wilds Trail os delineated and dedlcaled on said THE WILDS.
· THE BASE MAP USED FOR THIS SKETCH IS A PORTION OF A COPY OF THE UNRECORDED PLAT
OF THE WILDS NORTH SECOND ADDIllON.
· THIS SURVEY DOES NOT PURPORT TO SHOW THE EXISTENCE OR NON-EXISTENCE OF ANY
ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR
UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND.
102236504.DWQ JJS
WE HEREBY CERTIFY TO WENSMANN HOMES THAT THIS SURVEY, PLAN OR REPORT WAS
PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA, DATED THIS 19TH DAY OF JUNE, 2003,
SltNE.D). I'>IONEER ENGINEERtN<< P,A.
, I _______
/(/ t'
By
Jo C. Larson, Professional Lond Surveyor
! Minnesota license No. 19828
.-tc *.
* PIDNEIiR
-tc* engineer ng
.. **
lND ___ . IM.__
LAND PlANNOtI. lNCJSCN"[ NlCHE1S
2422 EnterprIse Drive
Mendoto Heights. MN 55120
(151) 01-1114 FAlCzH1-1481
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