HomeMy WebLinkAbout5G - Cooke Easement Vacation
CITY COUNCIL AGENDA REPORT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
JULY 19, 2004
SG
JANE KANSIER, PLANNING DIRECTOR
AGENDA ITEM:
CONSIDER APPROVAL OF A RESOLUTION INITIATING
THE VACATION OF A DRAINAGE AND UTILITY
EASEMENT LOCATED ON THE PROPERTY AT 16407
NORTHWOOD ROAD
DISCUSSION:
Historv: Gerald and Sue Cooke own property located at 16407
Northwood Road. In 1976, the City purchased an easement on this
property for the purpose of constructing and maintaining a sanitary
sewer and water main. In 1996, the City did a reconstruction project
on Northwood Road and replaced the sanitary sewer line. It was
discovered at that time that the sewer line was not located in the
original easement. Mr. Cooke granted a new easement to the City for
the placement and maintenance ofthis utility.
Current Circumstances: Mr. and Ms. Cooke would like to add a
garage addition to the existing house on their property. This proposed
addition would encroach into the original easement granted in 1976.
Mr. Cooke is requesting the City Council initiate the vacation of this
easement.
The Issues: Minnesota Statutes 412.851 allows the Council to initiate
by motion the vacation of any easements or right-of-way. A motion to
initiate the vacation will refer this matter to the Planning Commission
and allow the staff to schedule a public hearing at the City Council. In
addition, this action will eliminate the need for the property owners to
file a petition and pay the application fee.
Conclusion: The staff recommends the City Council initiate the
vacation of this easement. Any issues will be identified during the
review process.
ALTERNATIVES:
The City Council has three alternatives:
1. Adopt a Resolution initiating the vacation of the existing easement
on Lot 60, Townsite of North wood.
2. Deny this Resolution.
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RECOMMENDED
MOTION:
REVIEWED BY:
3. Defer this item and provide staff with specific direction.
Staff recommends Alternative #1. A motion and second as part of the
consent agenda to approve a Resolution initiating the vacation of the
easement on Lot 60, Townsite of North wood.
Manager
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 04-XX
RESOLUTION INITIATING THE VACATION OF AN EASEMENT ON LOT 60, TOWNSITE OF
NORTHWOOD
BY:
SECOND BY:
WHEREAS, In 1976, the City of Prior lake obtained an easement for the purpose of installing and
maintaining a sanitary sewer and water main on the property described as lot 60,
Townsite of Northwood; and
WHEREAS, In 1996, the City realized the utilities were not located within the existing easement;
and
WHEREAS, In 1996, the property owners granted the City of Prior lake a new easement for the
sanitary sewer line; and
WHEREAS, The property owners wish to make some improvements to this property; and
WHEREAS, In order to determine whether the vacation of this easement is or is not in the public
interest, the City Council has initiated the vacation process by motion.
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. Pursuant to Minnesota Statues 412.851, the process for the vacation of an easement on lot 60,
Townsite of Northwood, is hereby initiated
Passed and adopted this 19th day of July, 2004.
Hauaen Hauaen
Blombera Blombera
leMair leMair
Petersen Petersen
Zieska Zieska
YES
NO
{Seal}
Frank Boyles, City Manager
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