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Home My WebLink About7A - Ruths Utility Easement CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: SEPTEMBER 20, 2004, 2004 7A 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 5191 HOPE STREET (Case File #04-105) DISCUSSION: Historv: Mark Ruths owns property located at 5191 Hope Street. When the property was platted in 1977, it dedicated a 20' wide easement through Lot 22, Block 2, for an existing sanitary sewer line. As part of the 2003 reconstruction project, the City relocated this sewer line to the east within an existing easement. Mr. Ruths would like to build a detached garage on his property. While the proposed garage does not encroach into the existing easement, a retaining wall around the garage would encroach into the easement. The City Council initiated the vacation of the existing easement on August 16, 2004. Current Circumstances: The Planning Commission reviewed this vacation request on September 13, 2004. The Planning Commission recommended approval of the proposed vacation, subject to the listed condition. 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. The sewer line has been relocated. The description provided for the existing easement includes the 10' wide easement along the front of the property and the 5' wide easement along the rear lot line. These areas are necessary, and should be excluded from the vacation description. The Planning Commission included this as a condition of approval. 1:\04 files\04 vacations\city mark ruths\cc report2.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: Conclusion: The Planning Commission and the staff recommend approval of the requested vacation, subject to the listed condition. The City Council has three alternatives: 1. Adopt a Resolution approving the vacation. 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. Frank B 1:\04 files\04 vacations\city mark ruths\cc report2.doc Page 2 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 5191 HOPE STREET 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 5191 Hope Street legally described easement as follows: Legal Description: That portion of the 20.00 foot utility and drainage easement as shown on Lot 22, Block 2, MITCHELL POND, Scott County, Minnesota, the center line of said easement being described as follows: Beginning at a point on the northeasterly line of said Lot 22, distant 69.12 feet southeasterly of the most northerly corner of said Lot 22; thence southwesterly to a point on the southwesterly line of said Lot 22, distant 54.78 feet northwesterly of the most southerly point corner of said Lot 22 and 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, September 20, 2004, at 8:00 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 The sewer line previously located within the easement has been relocated in a new drainage and utility easement, 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. 3. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easement is hereby vacated: 1:\04 fi1es\04 vacations\city mark ruths\resolution.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 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. 4. Said vacation is subject to the condition that the City of Prior Lake maintains a drainage and utility easement over the north 10 feet and the south 5 feet of Lot 22, Block 2, MITCHELL POND. Passed and adopted this 20th day of September, 2004. YES NO Haugen Haugen Blomberg Blomberg LeMair LeMair Petersen Petersen Zieska Zieska {Seal} Frank Boyles, City Manager 1:\04 files\04 vacations\city mark ruths\resolution.doc Page 2 SURVEY PREPAREO FOR: JOHN MAHONEY '7276 MURPHY LAKE BLVD. PRIOR LAKE. MH. S5372 Val ley EngIneering Co., 'nc. SUfT! 1m. C. 11870 FRANIO..IN ",AIL FJlfAMCUN "'AI'" OFFICE CONOOMrN'UM "'lOR LAKE, MINNESOTA 5"'2 TEL!JIHON~ (8'21 447.2870 447.52.., '" ~ "". .. t9 " "~ " '~ -- ~,- ~ -... ..1 . St ~ tt:SCRIM'IOO : Lot 22. Block 2, MlTOiElL FQlD, Scott CoImty. Hinnet101:fl also show~ the location of the proposed house "6 stitke<' this 18th t1ay of Septembf!r, 1987. N<Yl'E.C; : B.M. EL. 100.00 (ass\J'led) Top rim of san. m.h. 65+ Northeasterly of NW oomer of Lot 22. I o I SCALE IN RET o 0..... tfOft ...~....., .... . o..r.. Iron ~ faund. 30 eo . 1)(,.6 cSft.nates existinp, rrN1e elEOwltiofl f91..J) denotes rroposed finished lU"ade elevation ____ denotes m'OpQBed direction of SUJ"'fc'lCe drainar.e s,eY garap,e slab @ elevation 98.~ \I I . , ......, .-tlfy tftat ... .."., set top of block @ elevation 98.81 wa........... .., me or undIr"., dINct ...."hItGn and that I am o..e, u.rwH Land ~ undIt ... Iawa 0I". S..... of MIrh-.to. . , Dat. I a..-.. NO. DeS "IV. ..,.."., ,...,." MIll. ".11. J "LE NO. 5878 IK. '''4 PO. 6'