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Home My WebLink About7A - Crystal Bay TH D&U Easement Vacation ov PRIp�p !� Y U ny 4646 Dakota Street SE Prior Lake,MN 55372 2"IyNESO" CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 8, 2014 AGENDA#: 7A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: DAN ROGNESS, COMMUNITY& ECON. DEVELOPMENT DIRECTOR AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION TO VACATE A PUBLIC DRAINAGE AND UTILITY EASEMENT LOCATED WITHIN THE PROPOSED CRYSTAL BAY TOWNHOMES 2ND ADDITION PLAT DISCUSSION: Introduction DBOW Properties and Crest Exteriors have requested the vacation of a drainage and utility easement located within the proposed Crystal Bay Townhomes 2nd Addition due to a new platted easement to go in its place. History On March 2, 2004, the Crystal Bay Townhomes plat was filed in the Scott County Offices along with a dedicated public drainage and utility easement over Lot 25, Block 1 as identified in the attached sketch. The easement was granted for the purpose of maintaining a drainage and utility area around the lots in the plat. On August 4, 2014 the Planning Commission recommended approval of the easement vacation based upon the revised lot layout in the proposed Crystal Bay Townhomes 2nd Addition plat. Current Circumstances A final plat and PUD modification is being proposed to the Crystal Bay Townhome Development for the purpose of constructing three single- family detached homes in place of four approved attached twin-homes. The necessary drainage and utility easements to replace the current easement area are proposed to be dedicated on the Crystal Bay Townhomes 2nd Addition plat modification; therefore, the easement area around lots 9-12 dedicated to the public with the Crystal Bay Townhomes plat is no longer necessary. The vacation resolution releasing the current easement would be recorded with the pending Crystal Bay Townhomes 2nd Addition plat. As required by State Statute 462.356 Subd.2, the City Council must review the disposal or acquisition of public lands as it relates to compliance with the Comprehensive Plan. Upon proper notification, State Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com Statute 412.851 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? 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 these easements is not inconsistent with any specific goal or objective of the Comprehensive Plan. The new plat, Crystal Bay Townhomes 2nd Addition, will dedicate necessary easements for this area. Public Need No public need will be present since the final plat modification of Crystal Bay will dedicate necessary easements for this area. ALTERNATIVES: 1. Motion and a second to approve the proposed drainage and utility easement vacation, subject to City Council's approval of the Crystal Bay Townhomes 2nd Addition final plat, as presented. 2. Motion and a second to table the item to a date and time certain to allow the staff to provide additional information specifically requested by the City Council. 3. Motion and a second to deny part or all of the application based upon specified findings of fact. RECOMMENDED Alternative#1. MOTION: EXHIBITS: 1. Location Map 2. Illustrative Sketch of Easement Area b� P R12� U m 4646 Dakota Street SE Prior Lake, MN 55372 LjjN�SOgP RESOLUTION 14-XXX RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 25, BLOCK 1, CRYSTAL BAY TOWNHOMES Motion By: Second By: WHEREAS, DBOW Properties and Crest Exteriors has submitted a petition for the vacation of a drainage and utility easement located on a portion of Lot 25, Block 1, Crystal Bay Townhomes. The petition has been duly presented to the City of Prior Lake, signed by the owners of the property abutting the following described easement portion situated in the City of Prior Lake, Scott County, Minnesota to wit: Legal Description (Drainage and Utility Easement): That part of Lot 25, Block 1, CRYSTAL BAY TOWNHOMES, Scott County, Minnesota, lying southwesterly of Lots 9, 10, 11 and 12, said Block 1, northwesterly of Lot 8, said Block 1, and lying northeasterly of a line drawn from the most westerly corner of said Lot 8, to the most westerly corner of said Lot 12, and that part of said Lot 25 lying northeasterly of said Lots 9, 10, 11 and 12, northerly of the easterly extension of the south line of said Lot 9, and southwesterly of a line described as beginning at a point on said easterly extension distant 10 feet east of the most easterly corner of said Lot 9, as measured along said extension; thence northwesterly to the most northerly corner of said Lot 10; thence northwesterly to the most northerly corner of said Lot 12 and there terminating. 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, August 25, 2014 and continued on Monday, September 8, 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 the Crystal Bay Townhomes 2nd Addition, so the existing drainage and utility easements across this area are no longer necessary for the maintenance of the public drainage. 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. Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com 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 Land Records Office. b) The drainage and utility easement vacation is subject to the City approval of the Final Plat of Crystal Bay Townhomes 2°d Addition and recording of the plat at the Scott County Land Records Office. 4. Pursuant to Minnesota Statues 462.358,the following described drainage and utility easement is hereby vacated: Legal Description (Drianage and Utility Easement): That part of Lot 25, Block 1, CRYSTAL BAY TOWNHOMES, Scott County, Minnesota, lying southwesterly of Lots 9, 10, 11 and 12, said Block 1, northwesterly of Lot 8, said Block 1, and lying northeasterly of a line drawn from the most westerly corner of said Lot 8, to the most westerly corner of said Lot 12, and that part of said Lot 25 lying northeasterly of said Lots 9, 10, 11 and 12, northerly of the easterly extension of the south line of said Lot 9, and southwesterly of a line described as beginning at a point on said easterly extension distant 10 feet east of the most easterly corner of said Lot 9, as measured along said extension; thence northwesterly to the most northerly corner of said Lot 10; thence northwesterly to the most northerly corner of said Lot 12 and there terminating. PASSED AND ADOPTED THIS 8T"DAY OF SEPTEMBER, 2014. VOTE Hedberg Keeney McGuire Morton Soukup Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Frank Boyles, City Manager w R_ yiOt�i 3i� �r O t n-` G2Xia .o R O• � tit 1 i; xt a. d , 1 LU oil LLI d hf CQ LIJ z... �� - \ Q.Q. +" ,r •-syr 0 i+^^a ae =S '�.. .- a:S mf i xac°Ry� 1 �5 - v � •l- 4 cv^�• L ) ;3 i�aa.�3it o' ^RI °' dt. YRtxz