HomeMy WebLinkAbout8B - Mader Utility Easement
M CITY COUNCIL AGENDA REPORT
aintenance center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
ALTERNATIVES:
JANUARY 18,2005
8B
MAKENZIE MCCORMICK, PUBLIC WORKS COORDINATOR
BUD OSMUNDSON, DIRECTOR OF PUBLIC WORKS
PUBLIC HEARING FOR VACATION OF A DRAINAGE AND
UTILITY EASEMENT LOCATED ON THE PROPERTY AT
3470 SYCAMORE TRAIL "(MADER)
Historv: Wes and Charlotte Mader own property located at 3470
Sycamore Trail. In 1978, the City purchased an easement on the
property for the purpose of constructing and maintaining a sanitary
sewer. In 2004, the City rehabilitated the existing lift station and
placed new sanitary sewer lines in a different location. It was
discovered at that time that the sewer line was not located in the
original easement. In connection with the 2004 project, Mr. and Mrs.
Mader granted a new easement to the City for the new placement and
maintenance of this utility. A s a result, the 0 riginal easement i s no
longer needed. The City Council initiated the vacation of the existing
easement on December 6th, 2004.
Current Circumstances: The Sycamore lift station rehabilitation was
completed in 2004 and the new sewer lines were constructed.
Therefore, there is no longer any need for the 1978 existing easement
along the Mader's backyard. At the January 10th Planning
Commission meeting, the commission voted 5-0 to recommend
vacating the existing drainage and utility easement at 3470 Sycamore
Trail.
Conclusion: In order to vacate the property, the City Council must
find there is no public purpose in retaining the property. Since the
utilities have been relocated and a new easement granted, there is no
public need for retaining the easement.
Alternatives include:
1. Conduct the public hearing and adopt a resolution vacating the
drainage and utility easement.
2. Take no action subject to receipt of additional information.
u:\rnccormick\sanitary\2003 lift station rehab\easements\rnader\vacating easement\rnader vacate easement 1-18-2005.doc
www.~iWbfpriorlake.com
Phone 952.440.9675 / Fax 952.440.9678
RECOMMENDED
MOTION:
Unless new information is offered at the public hearing, alternative 1.
REVIEWED BY:
u:\mccormick\sanitary\2003 lift station rehab\easements\mader\vacating easement\mader vacate easement 1-18-2005.doc
Page 2
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MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
RESOLUTION OS-xx
RESOLUTION PROVIDING THE VACATION OF A DRAINAGE AND
UTILITY EASEMENT LOCATED ON THE PROPERTY AT 3470
SYCAMORE TRAIL
SECOND BY:
The City Council initiated the vacation of a drainage and utility easement
located on the property at 3470 Sycamore Trail legally described easement
as follows:
Legal Description:
A 10.00 foot permanent easement for sanitary sewer purposes over, under,
and across that part of Lots 7 and 8, said MAPLEWOOD TOWNSITE lying
northeasterly and southeasterly of the following described line:
Commencing at the southwest comer of said Lot 8; thence North 31 degrees
16 minutes 20 seconds West, assumed bearing, along the southwesterly line
of said lot 8 a distance of 108.79 feet to the point of beginning of the line to
be described; thence continuing North 31 degrees 16 minutes 20 seconds
West 36.00 feet; thence North 62 degrees 23 minutes 09 seconds East 91.52
feet to a point on the northeasterly line of said Lot 7 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 Tuesday, January 18, 2005 at
7:00pm 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.
u:\mccormick\sanitary\2003 lift station rehab\easements\mader\vacating easement\mader vacate easement 1-18-2005.doc
www}BBJolpriorlake.com
Phone 952.440.9675 / Fax 952.440.9678
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA:
1. The recitals set forth above are incorporated herein.
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 Statutes 412.851, the following described drainage and utility
easement is hereby vacated:
Legal Description:
A 10.00 foot permanent easement for sanitary sewer purposes over, under, and across that
part of Lots 7 and 8, said MAPLEWOOD TOWNSITE lying northeasterly and
southeasterly of the following described line:
Commencing at the southwest comer of said Lot 8; thence North 31 degrees 16 minutes
20 seconds West, assumed bearing, along the southwesterly line of said lot 8 a distance of
108.79 feet to the point of beginning of the line to be described; thence continuing North
31 degrees 16 minutes 20 seconds West 36.00 feet; thence North 62 degrees 23 minutes
09 seconds East 91.52 feet to a point on the northeasterly line of said Lot 7 and said line
there terminating.
Passed and adopted this 18th day of January 2005.
YES
NO
Haugen Haugen
Fleming Fleming
LeMair LeMair
Petersen Petersen
Zieska Zieska
{ Seal }
City Manager
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PROPOSED PERMANENT UTILITY & DRAINAGE EASEMENT
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WSB
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. ........ Inc.
4150 0Ia0n Memorial Highway
Suite 300
Minneapolis, MN 55422
WSB project no. 1497-003 Date 1/15104
Revised Date 10/51U4
Revised Date 1016104
763-61'___
FAX 783-541-1700
EASEMENT
FOR
CITY OF PRIOR LAKE
PARCEL 1
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