HomeMy WebLinkAbout7B - Public Hearing Hickory Shores Easement Vacation PR/04,
U 4646 Dakota Street SE
Prior Lake, MN 55372
41 /NNEsol l `
CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 10, 2014
AGENDA #: 7B
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING THE VACATION
OF A DRAINAGE AND UTILITY EASEMENT LOCATED WITHIN THE PRO-
POSED HICKORY SHORES SOUTH PLAT
DISCUSSION: Introduction
DR Horton Inc. is requesting vacation of a drainage and utility easement within
the proposed Hickory Shores South development site. The property is located
south of Turner Drive and the Hickory Shores Development, east of Reed Way
and the Maple Glen Development, and west of Rice Lake.
History
On September 29, 2006, Bakken Family Limited Liability, Limited Partnership
granted a permanent easement to Tollefson Development, Inc. and the City of
Prior Lake for utility purposes over a portion of property as identified in the at-
tached sketch (PID 25- 910 - 028 -0). The easement was granted for the purpose
of locating, construction, installing, and maintaining a drainage area and utility
lines over, under and across the easement area. The purpose of the utility ease-
ment was to provide a necessary storm water drainage area and sanitary sewer
services for the Hickory Shores Development to the north until a subdivision was
created for the site. The Planning Commission reviewed this request at their
September 3, 2013, 2013 meeting and recommended approval of the request
based on its conformance to the 2030 Comprehensive Plan.
Current Circumstances
The Comprehensive Plan does not specifically discuss utility easements, other
than as a function of ensuring access to public utilities. The vacation of the ease-
ments is not inconsistent with any specific goal or objective of the Comprehensive
Plan. The new plat proposes the dedication of all necessary easements for this
area. The approval of this vacation would allow the redevelopment of the com-
mercial site. According to Minnesota State Statute 412.851, the City Council is
required to determine that, upon proper notification and hearing, "no such vaca-
tion shall be made unless it appears to be in the public interest to do so."
Conclusion
The final plat of Hickory Shores South will dedicate the necessary easements
for the area. As a result, the Planning Commission and staff recommend ap-
proval of the vacation of the requested easements with the following condition:
• The approval resolution vacating the drainage and utility easements in
shall be recorded with the Final Plat of Hickory Shores South as approved
by the City Council.
ISSUES: The City Council must make two determinations. Does the vacation of the exist-
ing right -of -way comply with the Comprehensive Plan and is there a public need
or anticipated future need for the dedicated property?
Comprehensive Plan Review
Comprehensive Plan does not specifically discuss drainage and utility ease-
ments, other than as a function of ensuring proper storm water drainage and ac-
cess to public utilities. The vacation of these easements is not inconsistent with
any specific goal or objective of the Comprehensive Plan. The new final plat of
Hickory Shores South will dedicate the necessary drainage and utility easements
for this area.
Public Need
As noted above, the new plat will dedicate necessary easements therefore the
existing easements are no longer necessary for public drainage and utilities. The
approval of this vacation would allow the final platting and development of Hickory
Shores South to be completed by DR Horton Inc.
The easement vacations and acquisitions are unaffected by the city council's de-
cision on the trails in the Hickory Shores South Final Plat agenda item.
FINANCIAL The vacation of the easements will allow Hickory Shores South to be finalized
IMPACT: with replacement drainage and utility easements; the development of this resi-
dential subdivision will generate fees and taxes to the city.
ALTERNATIVES: 1. Approve a resolution vacating existing drainage and utility easements within
the proposed Hickory Shores South plat as presented, or with any changes
as identified by the City Council.
2. Continue the discussion to a date and time certain to allow the City Staff to
provide additional information specifically requested by the City Council.
3. Based upon expressed findings of fact, deny part or all of the applications
based upon inconsistency of the proposal with specific regulations of the
Zoning and Subdivision Ordinances and /or specific policies of the Compre-
hensive Plan.
RECOMMENDED City Staff recommends a motion and second in support of Alternative #1.
MOTION:
EXHIBITS: 1. Location Map
2. Sketch of Easement Area (to be vacated)
2
Hickory Shores South Easement Vacation
4 / 3 w C 3s 3541) � 7 T 1 -11 _ E' t
east 40 16829 3335-4 16842 .4*-.. '3871 3995 16E07
2963 a ojc" -I
\\ \'168304/ , Iasi _3334 - z ,, 35aq' 3510 -i 3839 16886' 18359 1, - 18481
-i- 18938 18 999 83897 153) 189333
30093 18363 • , 326 3x9 .'.' 3462 946 3548 - 3419 9904 t 16839 189111 16999 376 11 3841 1 3925. i t '
3484 < " te9 em n 38741118433
# 174 l''' :<, 18421 3234 = 32:33 ` �-�-
3020 f, 18Q/ LL/220J 18421 33i1fi `r X 3446 c . t s 18333 118975 1637! 1 3312 33!'2 3370 166937
$31 7 1 18940 11 3814 76 • + c 1 399 4 1 3991 18957. 13 3803 1 _ .. �� __ ." 3712 �r 1 33 tt1 9425 t 18930 16931
06b 30 t _ r ,'
3)19 _ 16%9 3 417 3598 1 ♦ 3448 17409
3335 3737 17fY27
331 / 9091 3133 17010 '17007 3275 3283 3298 332 33714 3.'3: 3.138 3774; 17UO3 3931 9309 3775 �r n 171350
r - 77410. "11771 7711!1
„ 111 31411 i3 32101.3263 '--$ 17023 17811 17440 -3921
T� hi, c YP1 17064` 17043
702 ; 1705 33713333 l347117Q38 1 1 17i58 1715f3 f1 5351 17461 i1r�51 L
170001 17081 17096
7 i r'{ 3821 I
'77034 1704') •' • 3353 3480�("�-351. 17093 -'' 17107 •r
17103 17433 1 I 77 `3505 r (�+• 77064 4,4 17119 31
#17132 17125 4 `3445 ...171 17125!1 17121' 1 1
321,41 -17140 77143 \3584 7185 17118 -3779
117164 3200 3223 716) 171594,.. 1771 t t„.17200 _ r' „ 1 + 7 1'7 4 13777
1718 1 g 717_ 1718 7171 3 4
1177no 3201 'v 32h3 3323= 3374. 171% 17183 -J 17171 3773
117212' "3219 3275. "-_-k,��
1 t
_ 17191 -3754 Cam. 382
•41, 3 9319 3 17195 17193 17178 17`75 ''•3814 9842 3478 3918
369 3718/3 3890.3BBr 4096
"; 1 7 2 3 1 NS 3532 3 334 3676 , a y 3819 3841 3387 3 t
i 7 3453 ^ma 3725Y -3873 9911
. 33663, 114 17311 1729 17194 f 17281 3550 73713,../ 3924 �� / 4100
1343 *'�,^Id338 -17248 ,• 7190 3561 1 3381 ( 1 /37017
331 1733
t ,, 47
/ 1223- '3553 •3962 74 3588 3687 1
1
2933 ` 17389 Y 1 7328. , 3393 33x3 3568_812! 3674
3Y 173 33 17 17332 r{t c r _ 3583535951�r�77 1
1734E 17345 1737 . 4 17383 173317 7r 1 �t X3339 ` 35674 3331 ” y
1741X1 17433 1741' 33 3! :› 33 3335-
17427 7411 17444 3298
17435 17474 I �� �t
17494 .r 3339 ""1"
17574 17518 17481 I P \33321 117475 33
:1 7533 J r 5.
7610 - - , ,. . 3331 3369 `'
-µ 1 3111 ' 3332 17537 Subject
�c 122{ 77555 , y
3101 3251--1 \ 3337' { 3423 Site #
373 3269 1
3125
17811 =34133449
1781 1 3373 I 3431 3507.
1 3395.-tam . ''1l
17741 L ( 31.
1 I I '
7 3
341 3449 !!
93 42 i
33101 33531 3110 3224 3320 J 3435 ,s- ""
301,1 17 T om ._ . l 1 7743
r 3331 - 307 7-3131 3219 ' •: 3 17 45 3311 3057 j 3111 3177 31 t f "` , 17761
• 1 +13 3344 3350 3336 17776 EMI
3342 3356 17761
3363 17801 r
_ f 3398
3 3367 3371 17819 /
3]64 1 1 rah l./
3 /f
,,, 3 [d 3333
3355 3363 3389 17873
17801 �ff
3 33641 - : 17375 3 7-.6
3346 135a...,_, 3450 17910 33X1 1.3331
850 3653
3353 3373 t
17896 33 'm 13476 - 174=5 1 3672
I
J 11331 T 18325 18039 18091 3475 I 3535 I 3525 18360 I 3953 3911 1 1
This drawing is neither a legally recorded map nor a survey and is not Map Scale N
intended to be used as one. This drawing is a compilation of records, 1 inch = 813 feet
information, and data located in various city, county, and state offices, and
other sources affecting the area shown, and is to be used for reference 1/\/ E ,_ 4
purposes only. Scott County is not responsible for any inaccuracies herein
contained. If discrepancies are found, please contact the Scott County Map Date , ;+ -°
Surveyors office. 8/30/2013 S
• •
EXHIBIT A
`L�7'l�A' 1 nv
L; `1 Drainage and , I F-
utility easement L-,,,2: - V) per doc. nos.
755898. Utility easement per
HICKORY ciivhE$ 98. 886616 doc. nos. 755898, J
cvV'T „. „� ti p ' 88 6616, 8895 and _`
h , rt .,vv+ � 894042 89507 and firUi.... L 7^ 894042.
j- �� .' it v
.a: t ; l u 7 I y: t �- 1 4' CJ
_ , fk c',5 DRIVE - ^� Utility easement 894042. t Cc
? 886616, 889507 and per F`
doc. nos. 755898, _
IL' LI? , ' " +\ . 1 CIA CD ._
F'
()a`..IIL �= F-
L. Utility easement per doc. nos.
� �� ' I ,1t 755898, 886616, 889507 and 894042 '_
-- 0
_� f ri'!a7 L'J
i, "'
G
i ii C 0
',c
F- 6')
�! ( )
',",\ a Iv i '�I rN1 ')N in n r"nI ; -•
( ..\ � V I AI�>�I \7L.L_I1 ..I NV r"\VV1 (VIsl
v
F-
PROPOSED DESCRIPTION TO VACATE EASEMENTS Not to Scale
All utility and drainage and utility easements created in Document Numbers 755898, 886616, 889507 and 894042. Said easements are
described as follows:
A 60.00 foot wide easement for utility purposes over, above and across thot port of Government Lot 2, Section 10, Township 114, Ronge
22, Scott County, Minnesota. The centerline of said easement is described es follows:
Centerline A
Commencing at the south quarter corner of said Section 10; thence northerly along the northsouthquarter line of said Section 10 on on
assumed bearing of North 1 degree 18 minutes 34 seconds East for 2202.60 feet to the point of beginning of the centerline to be
described; thence South 88 degrees 41 minutes 26 seconds East for 74.43 feet; thence easterly a distonce of 90.49 feet clong a
tangential curve concave to the north having o radius of 300.00 feet and o central angle of 17 degrees 16 minutes 57 seconds; thence
North 74 degrees 01 minutes 37 seconds East, tongent to lost described curve for 175.84 feet; thence eosterly and northerly 280.34 along
a tangential curve concave to the northwest having a radius of 300.00 feet and a central angle of 53 degrees 32 minutes 29 seconds to
o point hereir. described os Point A; thence continue northerly 144.49 feet along lost described 300.00 foot radius curve, central angle 27
degrees 35 minutes 41 seconds, thence northerly 50.33 feet along a reverse curve hoving o radius of 300.00 feet. and a central angle of 9
degrees 36 minutes 42 seconds to the point of intersection north line of said Government Lot 2, said point distont 536.36 feet from the
northwest comer of said Government Lot 2 and there terminating.
Together with:
A 55.00 foot wide easement for utility purposes over, above and across thot port of Government Lot 2, Section 10, Township 114, Range
22. Scott County, Minnesota. Said 55.00 feet wide easement being 25.00 feet to the left and 30.00 feet to the right of the following
described centerline os follows:
Centerline B
Beginning at the above described Point A; thence South 69 degrees 30 minutes 52 seconds East for 30.67 feet; thence easterly and
southerly 123.68 feet along a tangential curve concave to the southwest having o radius of 100.00 feet and o central ongle of 70 degrees
51 minutes 51 seconds; thence South 1 degrees 21 minutes 00 seconds East. tangent to last described curve for 487.44 feet and there
terminating.
Together with:
An eosement for utility purposes over, above and across thot port of Govemment Lot 2, Section 10, Township 114., Ronge 22, Scott County,
Minnesota, described as follows:
Commencing at the point of termination of the above described Centerline 8; thence North 88 degrees 39 minutes 00 seconds West for
30.00 feet to the point of beginning of the tract to be described: thence continue North 88 degrees 39 minutes 00 seconds West for
50.00 feet; thence North 1 degree 21 minutes 00 seconds East for 50.00 feet; thence South 88 degrees 39 minutes 00 seconds East for
50.00 feet; thence South 7 degree 21 minutes 00 seconds West for 50.00 feet to the point of beginning.
Together with:
An easement for drainage and utility purposes over, above and across that port of Government Lot 2, Section 10, Township 114, Ronge 22,
Scott County, Minnesota, lying easterly of, and adjacent to the above described 55.00 foot wide easement described as follows:
Commencing of the above described Point A; thence South 69 degrees 30 minutes 52 seconds East for 30.67 feet; thence eosterly and
southerly 123.68 feet along a tangential curve concave to the southwest having a radius of 100.00 feet and o centrol angle of 70 degrees
51 minutes 51 seconds; thence South 1 degrees 21 minutes 00 seconds East, tangent to lost described curve for 337.26 feet; thence
South 88 degrees 39 minutes 00 seconds East for 25.00 feet to the point of intersection with the easterly boundary of the above
described 55.00 foot wide easement, said point also being the point of beginning of the tract to be described; thence North 1 degree 21
minutes 00 seconds East, along lost described easterly boundory of the above described 55.00 foot wide easement for 337.26 feet; thence
continue northerly easterly boundary of the above described 55.00 foot wide eosement for 1.42 feet along a tangential curve concave to
the southwest having a radius of 125.00 feet and a central angle of 0 degrees 39 minutes 08 seconds; thence South 88 degrees 39
minutes 00 seconds East, not tangent to last described curve for 172.51 feet to the east line of said Government Lot 2; thence southerly
along said Ecst line of Government Lot 2 for 338.69 feet, more or less to the point of Intersection with a line that bears South 88
degrees 39 minutes 00 seconds East from the point of beginning; thence North 88 degrees 39 minutes 00 seconds West for 172.50 feet,
more or less to the point of beginning.
v THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE 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.
- c, PIONEER`p''y'/ ng Cad File: 11315541 F
. . crvrt. e+a¢e�s LAND PLANNERS LAND SURVEYORS r es Folder #: 7556 Description Sketch for:
S; (651)681 -1914 Drawn by: mdp
2422 Ent Drive Fax: 681-9488
D.R. HORTON, INC.
Mendota Heights, TV 55120 www.pioecereog.com
@ 2013 Plwieer Engineering
(1: , FRjp
ti
u 4646 Dakota Street SE
Prior Lake, MN 55372
41 /ArNEsol P
RESOLUTION 14 -XX
RESOLUTION PROVIDING FOR THE VACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED
WITHIN THE PROPOSED HICKORY SHORES SOUTH PLAT
MOTION BY: SECOND BY:
WHEREAS, DR Horton Inc. (the "Developer") has submitted a petition for the vacation of drainage and utility
easements located in the proposed Hickory Shores South plat. The petition 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 (Drainage and Utility Easements):
All utility and drainage and utility easements created in Scott County Documents #755898,
#889507 and #894042 as identified in EXHIBIT A.
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, March 10, 2014 in the Council Chambers
at City Hall, 4646 Dakota Street SE; 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 drainage and utility easements will be dedicated as part of the final plat for Hickory Shores
South, so the existing drainage and utility easements are not necessary for the maintenance of
public utilities or any other public purpose.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as
follows:
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 easements would be in the public interest.
3. The following condition of approval is determined:
a. The approval resolution vacating the drainage and utility easements shall be recorded by the Developer with
the Final Plat of Hickory Shores South as approved by the City Council.
4. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easements are hereby
vacated:
Legal Description (Drainage and Utility Easements):
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
All utility and drainage and utility easements created in Scott County Documents #755898, #889507 and #894042
as identified in EXHIBIT A.
PASSED AND ADOPTED THIS 10th DAY OF MARCH, 2014.
YES NO
Hedber: Hedberg
Keeney Keeney
McGuire McGuire
Morton Morton
Soukup Soukup
Frank Boyles, City Manager