HomeMy WebLinkAbout7B - Cooke/Northwood Road
CITY COUNCIL AGENDA REPORT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
AUGUST 16,2004
7B
JANE KANSIER, PLANNING COORDINATOR
AGENDA ITEM:
PUBLIC HEARING TO CONSIDER APPROVAL OF A
RESOLUTION VACATING A PORTION OF THE EXISTING
DRAINAGE AND UTILITY EASEMENT LOCATED ON THE
PROPERTY AT 16407 NORTHWOOD ROAD (Case File #04-91)
DISCUSSION:
Historv: In 1976, the City purchased an easement on the property at
16407 Northwood Road 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 of this utility. As a
result, the original easement is no longer needed. The City Council
initiated the vacation of the existing easement on July 19, 2004.
Current Circumstances: The Planning Commission reviewed this
vacation request on August 9,2004. The Planning Commission
recommended approval of the proposed vacation.
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
easements, other than as a function of ensuring access to public
utilities. The vacation of this easement is not inconsistent with any
specific goal or objective of the Comprehensive Plan. A new easement
has been obtained for this area. The vacation of this portion of the
easement will allow the property owner to construct an addition to the
existing house.
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
easement 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 A PORTION OF THE EXISTING DRAINAGE AND UTILITY
EASEMENT LOCATED ON THE PROPERTY AT 16407 NORTHWOOD ROAD
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY:
SECOND BY:
The City Council initiated the vacation of a portion of the drainage and utility easement located
on the property at 16407 Northwood Road . legally described easement as follows:
Legal Description:
That part of the southeasterly 20.00 feet of Lot 60, Northwood, according to said plat on file
and of record in the office of the County Recorder, Scott County, Minnesota, lying westerly
and northwesterly of the following described line:
Commencing at the southwest corner of the Southwest Quarter of the Northwest Quarter of
Section 3, Township 114, Range 22, Scott County, Minnesota; thence northerly along the
west line of said Southwest Quarter of the Northwest Quarter a distance of 255.03 feet;
thence northeasterly, deflecting to the right 63 degrees 16 minutes 31 seconds a distance of
475.48 feet to the point of beginning of said line to be hereinafter described; thence continuing
northeasterly, along the northeasterly extension of the last described line, a distance of
206.70 feet; thence deflecting to the left 10 degrees 18 minutes 37 seconds a distance of
120.00 feet and said line there terminating.
Notice of the hearing has been duly published and posted in accordance with the applicable
Minnesota Statutes, and
A Public Hearing was held on said petition on Monday, August 16, 2004, at 7:00 p.m. in the
Council Chambers at the Prior Lake Fire Station #1; and
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
A new drainage and utility easements for the existing sewer line has been dedicated to the
City by separate document, so the existing drainage and utility easement is not necessary for
the maintenance of public utilities.
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 easement would be in the public interest.
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3. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easement is hereby
vacated:
Legal Description (Right-of-Way):
That part of the southeasterly 20.00 feet of Lot 60, Northwood, according to said plat on file and of record in the
office of the County Recorder, Scott County, Minnesota, lying westerly and northwesterly of the following
described line:
Commencing at the southwest corner of the Southwest Quarter of the Northwest Quarter of Section 3, Township
114, Range 22, Scott County, Minnesota; thence northerly along the west line of said Southwest Quarter of the
Northwest Quarter a distance of 255.03 feet; thence northeasterly, deflecting to the right 63 degrees 16 minutes
31 seconds a distance of 475.48 feet to the point of beginning of said line to be hereinafter described; thence
continuing northeasterly, along the northeasterly extension of the last described line, a distance of 206.70 feet;
thence deflecting to the left 10 degrees 18 minutes 37 seconds a distance of 120.00 feet and said line there
terminating.
Passed and adopted this 16th day of August, 2004.
YES
NO
Haugen Haugen
BlomberQ Blomberg
LeMair LeMair
Petersen Petersen
Zieska Zieska
{Seal}
Frank Boyles, City Manager
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