HomeMy WebLinkAbout7A - Wilds Easements
CITY COUNCIL AGENDA REPORT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
JUNE 21,2004
7A
JANE KANSIER, PLANNING DIRECTOR
AGENDA ITEM:
PUBLIC HEARING TO CONSIDER APPROVAL OF A
RESOLUTION VACATING THE DRAINAGE AND UTILITY
EASEMENTS LOCATED ON OUTLOT 0, THE WILDS AND
ON LOT 89, BLOCK 1, STERLING SOUTH AT THE WILDS
DISCUSSION:
Historv: On AprilS, 2004, the City Council approved the preliminary
plat known as Sterling South 2nd Addition. This preliminary plat
included the lots previously platted as Outlots 0, The Wilds, and as
Lot 89, Block 1, Sterling South at The Wilds. The plat locates new
dwelling units on these lots, which are covered by blanket drainage
and utility easements. Shamrock Development has now filed an
application for a final plat for Sterling South 2nd Addition. In order to
reconfigure the lots, the existing drainage and utility easements must
be vacated. New easements will be dedicated in the final plat.
Current Circumstances: The Planning Commission reviewed this
vacation request on June 14,2004. 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." The Comprehensive Plan does not specifically discuss utility
easelnents, 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.
ALTERNATIVES:
The City Council has three alternatives:
1. Adopt a Resolution approving the vacation.
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RECOMMENDED
MOTION:
REVIEWED BY:
2. Direct staff to prepare a resolution denying the vacation.
3. Defer this item and provide staff with 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.
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 04-XX
RESOLUTION PROVIDING FOR THE VACATION OF THE DRAINAGE AND UTILITY EASEMENTS LOCATED ON
OUTLOT 0, THE WILDS AND ON LOT 89, BLOCK 1, STERLING SOUTH AT THE WILDS
MOTION BY:
SECOND BY:
WHEREAS,
A petition for the vacation of a portion of the drainage and utility easements located on Outlot
0, The Wilds, and 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:
All drainage and utility easements lying over, under and across Outlot 0, THE WILDS,
according to the recorded plat thereof, Scott County, Minnesota as delineated and dedicated
on said THE WILDS, except those easements lying within the west 249.00 feet of the south
350.00 feet, as measured along the south and west lines respectively, of Outlot 0, THE
WILDS, according to the recorded plat thereof, Scott County, Minnesota.
Together with:
An easement for drainage and utility purposes as described in Document Number 343194,
being more particularly described as follows:
A permanent easement for drainage and utility purposes lying over, under and across that
part of Outlot 0, THE WILDS, according to the recorded plat thereof, Scott County,
Minnesota, described as follows:
Beginning at the southeast corner of said Outlot 0; thence on an assumed bearing of North
00 degrees 44 minutes 18 seconds West, along the east line of said Outlot 0, a distance of
279.28 feet; thence South 89 degrees 15 minutes 42 seconds West, a distance of 20.00 feet;
thence South 00 degrees 44 minutes 18 seconds East, a distance of 39.28 feet; thence South
89 degrees 15 minutes 42 seconds West, a distance of 263.36 feet; thence South 23 degrees
59 minutes 59 seconds East, a distance of 89.82 feet; thence South 23 degrees 04 minutes
54 seconds West, a distance of 78.78 feet; thence South 00 degrees 44 minutes 18 seconds
East; a distance of 85.41 feet to the south line of said Outlot 0; thence North 89 degrees 15
minutes 42 seconds East, along said south line, a distance of 279.70 feet to the point of
beginning.
Together with:
All drainage and utility easements and drainage easements lying over, under and across Lot
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89, Block 1, STERLING SOUTH AT THE WILDS, according to the recorded plat thereof, said
Scott County, Minnesota, except that part thereof platted as STERLING ADDITION, according
to the recorded plat thereof, said Scott County.
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, June 21, 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 afforded the opportunity to present their views and objections to the granting of said
petition; and
WHEREAS,
New drainage and utility easements will be dedicated as part of the final plat for Sterling South
2nd Addition, so the existing drainage and utility easements are not necessary for the
maintenance of public utilities; and
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 drainage and utility easements lying over, under and across Outlot 0, THE WILDS, according to the recorded
plat thereof, Scott County, Minnesota as delineated and dedicated on said THE WILDS, except those
easements lying within the west 249.00 feet of the south 350.00 feet, as measured along the south and west
lines respectively, of Outlot 0, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota.
Together with:
An easement for drainage and utility purposes as described in Document Number 343194, being more
particularly described as follows:
A permanent easement for drainage and utility purposes lying over, under and across that part of Outlot 0, THE
WILDS, according to the recorded plat thereof, Scott County, Minnesota, described as follows:
Beginning at the southeast corner of said Outlot 0; thence on an assumed bearing of North 00 degrees 44
minutes 18 seconds West, along the east line of said Outlot 0, a distance of 279.28 feet; thence South 89
degrees 15 minutes 42 seconds West, a distance of 20.00 feet; thence South 00 degrees 44 minutes 18
seconds East, a distance of 39.28 feet; thence South 89 degrees 15 minutes 42 seconds West, a distance of
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263.36 feet; thence South 23 degrees 59 minutes 59 seconds East, a distance of 89.82 feet; thence South 23
degrees 04 minutes 54 seconds West, a distance of 78.78 feet; thence South 00 degrees 44 minutes 18
seconds East; a distance of 85.41 feet to the south line of said Outlot 0; thence North 89 degrees 15 minutes 42
seconds East, along said south line, a distance of 279.70 feet to the point of beginning.
Together with:
All drainage and utility easements and drainage easements lying over, under and across Lot 89, Block 1,
STERLING SOUTH AT THE WILDS, according to the recorded plat thereof, said Scott County, Minnesota,
except that part thereof platted as STERLING ADDITION, according to the recorded plat thereof, said Scott
County.
4. This vacation is subject to the following condition:
a) The resolution vacating said right-of-way and easements will be recorded with the final plat.
Passed and adopted this 21st day of June, 2004.
YES
NO
HauQen HauQen
Blomberg Blomberg
LeMair LeMair
Petersen Petersen
Zieska Zieska
{Seal}
Frank Boyles, City Manager
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Location Map for
Sterling South 2nd Addition
Drainage and Utility Easement Vacation
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Location of Easements
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