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Home My WebLink About7A - Public Hearing Easement Vacation on Cedarwood C‹, PR/0+P 61111Y 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 23, 2014 AGENDA#: 7A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY JEFF MATZKE AGENDA ITEM: PUBLIC HEARING TO CONSIDER VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 11, BLOCK 2, SAND POINTE 2"D ADDITION DISCUSSION: Introduction The purpose of this item is to consider a request from Derrick Long to vacate a drainage and utility easement located within a residential property located at 5953 Cedarwood Street NW. History On August 23, 1982, the Sand Pointe 2nd Addition plat was filed in the Scott County Offices including a dedicated public easement over the southern 25 feet of Lot 11, Block 2 as identified in the attached survey. The easement was granted for the purpose of maintaining a drainage and utility area for the individual lots in the plat. On June 2, 2014 the Planning Commission recommended approval of the easement vacation request. Current Circumstances The property owner, Derrick Long would like to utilize some of the area in the rear yard of Lot 11 to possibly place a structure or storage area. This location on the property is currently in an area designated as a 25 foot wide drainage and utility easement. The typical rear yard drainage and utility easement is 10 feet in width. As required by State Statute 462.358 Subd.7, the City Council is required to review the disposal or acquisition of public lands as it relates to compliance with the Comprehensive Plan. Upon proper notification, State Statute 462.358 allows the Council to vacate easements by resolution. The statute also states "no such vacation shall be made unless it appears to be in the public interest to do so." ISSUES: The City Council must make two determinations. Does the vacation of the existing easement comply with the Comprehensive Plan and is there a public need or anticipated future need for the dedicated property? Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com Comprehensive Plan Review The Comprehensive Plan does not specifically discuss utility easements, other than as a function of ensuring access to public utilities. The vacation of the northern 15 feet of this easement is not inconsistent with any specific goal or objective of the Comprehensive Plan. Public Need City Staff has reviewed the request and finds that no public need is required for a larger than standard rear yard 10 foot wide easement located on Lot 11. No public utility lines reside in this easement area and only a 10 foot easement area is necessary for drainage purposes. Therefore, the current 25 foot wide easement area may be reduced to a 10 foot wide easement area and the northern 15 feet of the current easement can be vacated. ALTERNATIVES: 1. Motion and a second to approve a resolution vacating 15 feet of an existing 25-foot wide rear-yard drainage and utility easement on Lot 11, Block 2, Sand Pointe 2nd Addition. 2. Motion and a second to table the discussion to a date and time certain to allow the staff to provide additional information specifically requested by the City Council. 3. Based upon expressed findings of fact, motion and a second to recommend the City Council deny part or all of the application based upon inconsistency of the proposal with specific regulations of Zoning and Subdivision Ordinances and/or specific policies of the Comprehensive Plan. RECOMMENDED Alternative #1 MOTION: ATTACHMENTS: 1. General Location Map 2. Survey Identifying Easement Area 01 PRION u 4646 Dakota Street SE Prior Lake. MN 55372 '1r soll' RESOLUTION 14-XX RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 11, BLOCK 2, SAND POINTE 2ND ADDITION MOTION BY: SECOND BY: WHEREAS, Derrick Long has submitted a petition for the vacation of a drainage and utility easement located on Lot 11, Block 2, Sand Pointe 2nd Addition. 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 Easement): That portion of the northern 15 feet of the southern 25 foot dedicated drainage and utility easement across Lot 11, Block 2, Sand Pointe 2nd Addition, Scott County, Minnesota. 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, July 23, 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, No public utility lines reside in this easement area and only a 10 foot wide easement area is necessary for the maintenance of the public drainage. 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 easements would be in the public interest. 3. The following condition of approval is determined: a) The approval resolution vacating the drainage and utility easement shall be recorded at the Scott County Recorder's Office. 4. Pursuant to Minnesota Statues 462.358,the following described drainage and utility easement is hereby vacated: Legal Description (Drianage and Utility Easement): The northern 15 feet of the southern 25 foot dedicated drainage and utility easement across Lot 11, Block 2, Sand Pointe 2nd Addition, Scott County, Minnesota. Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com PASSED AND ADOPTED THIS 23rd DAY OF JUNE, 2014. VOTE Hedberg Keeney McGuire Morton Soukup Aye ❑ ❑ 0 0 0 Nay 0 0 ❑ ❑ 0 Absent 0 0 0 0 0 Abstain 0 0 0 0 0 Frank Boyles, City Manager 5953 Cedarwood Street r • Easement Vacation , to, ik„ ., , , ,i.,, , ,,,. . .z, , ,,,.. , ..„,/,.. ."`-' -3 t -'11- '' ' ''''' - / / ' —40111116 s e r e ,"lioff l YH r - - - - _.. - , 140th St Ne ' . � L. rc , • e , i ` Site _ Subject V— "" eedarwo e d St G33 . . , rot 1,.... .„ ..,. `,:., ** ) • 4 / Ii. - - s ',� s ° r , f - a -ux w ti -`sCe d $ # LL ' ''. , , ',,,.7 j: . .. ,', '',..,.. '7 ' :L. '21 , _ si y -erk4.. % SMS ^ :'1M „zor BachNe O . : 5. i-,.*....;7;- , `•`mow, . ,',o p t',. , . ro ;--;r0. . „ow...a. ,-.:„.iito,.,s J., ' '91 '" [-or ,'' '.4...;,,e'.!' 1 -." 14' ' 1 `W t t . 1''. '.„ °`' j. :fit (D . :-Ir,i-',,:..,44414.41%,„„ '�rl y x'II 1/ 4vz4 Baa. •, "t.. ""tet 1 ` J4 t. S U fl V E Y O R'S CERTIFICATE ' GRAND OAKS DEVELOPMENT COMPANY CEDARWOOD _ (,,,=.-4 ^ 4 o . ,. 4 '"'"S • N N N 10.q.5).--- N 89°22°00"W 80.00 / _W _ 25 o t--_ � \ N ,rt - /O rci „,\ 1 N In• � _� (too4.03 • T5 i --,(5M 1- 1 m C.) u `} d $ . ni q . I o I =i: Q. zLl o lioo6.07 8 4.1 14.1 Proposed 15 foot wide i Q " 4•• „„ii _2751 _ r Easement Vacation Area is. ^ .3 /,ea2.01 DECK (;nos.e)_ 7 _ • / 25 N - �'ORgiNAGE 8 UTILITY`-�i0 ! 512: ERSF1v1EN; P£R PLAT• ^�� to feet (999•*)• ./Co (-v _ V (997-0) C 1i • s.— 85/.05 ---/ v-,,- . � 4� vQ S • -e-- 'DENOTES PROPOSED SURFACE DRAINAGE o DENOTES IRON MONUMENT SET SCALE: 1 INCH = 30 FEET • DENOTES IRON MONUMENT FOUND PROPOSED GARAGE FLOOR = 1006.5 FEET X000.0 DENOTES EXISTING ELEVATION PROPOSED LOWEST FLOOR = 998.7 FEET (000.0) DENOTES PROPOSED ELEVATION PROPOSED TOP OF FOUNDATION = 1006.8 FEET I HEREBY CERTIFY TO GRAND OAKS DEVELOPMENT COMPANY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: Lot 11. Block 2. SAND POINTE 2ND ADDITION, according to the recorded plat thereof, Scott County, Minnesota. • AND OF THE LOCATION OF ALL BUILDINGS, IF ANY, THEREON, AND ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND. AS SURVEYED BY ME THIS 15TH DAY OF OCT. 1982. . SIGNED: JAMES R. HILL, INC. BY• V �• f//,`.--��L../i :%/�//Y//'�`1 AROLD C. PETERSON, LAND SURVEYOR I REVISED /0-2O-12 TO SNOW DRIVEWAYWCArt.N. MINNESOTA LICENSE NO. 12294 PROJECT NO_ BOOK / PAGE JAMES R. HILL, INC. Planners / Engineers / Surveyors FILE NO. . 8200 Humboldt Avenue South FOLDER Bloomington,Mn_ 55431 612-884-3029