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HomeMy WebLinkAbout7A - Wilds Utility Easements CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: MAY 16,2005 7A DANETTE MOORE, PLANNING COORDINATOR AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS LOCATED ON OUTLOTS D, E, & F, THE WILDS DISCUSSION: Historv: On May 3,2004, the City Council approved the preliminary plat known as The Wilds Ridge. This preliminary plat included the lots previously platted as Outlots D, E, and F, The Wilds. Shamrock Development recently filed an application for a final plat for The Wilds Ridge. In order to reconfigure the lots, the existing drainage and utility easements must be vacated. New easements have been dedicated as part of the final plat. Current Circumstances: The Planning Commission reviewed this vacation request on April 25, 2005. The Planning Commission recommended approval of the proposed vacation. The Issues: The Comprehensive Plan does not specifically discuss utility easements, other than as a function of ensuring access to public utilities. The vacation of the easements is not inconsistent with any specific goal or objective of the Comprehensive Plan. The new plat has dedicated all necessary easements for this area. The approval of this vacation would allow the construction of dwellings on the new lots. 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. 2. Direct staff to prepare a resolution denying the vacation. 3. Defer this item and provide staff with specific direction. 1:\05 files\05 vacations\the wilds ridge\cc report.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 RECOMMENDED MOTION: REVIEWED BY: The Planning Commission and staff recommend Alternative # 1. A motion and second to adopt a Resolution approving the vacation of the drainage and utility easements. 1:\05 files\05 vacations\the wilds ridge\cc report. doc Page 2 WILDS rJ1 ~ ~ ~ ~ I ~~ ! ~I "1 ~ "I! l!l~ :~_:::::=::J ~L 1 I ~ )'@ i. 1-~! Ii :!:~ ~ tU~ it \. I ~ h I i i i~ I. ... IIU . a ..:mt/f ~ \. t tlllSJlI-.e~ WI i.. ';:. ,,~. ~i ------- ~ i';:' ~ j:: . ~ ~ ';:-. I~ './.1~ i! -------- iIi -", E I.' ~ 8S ~g :;1 Ih n~ ul t : f . ~. ..,+ It Pi l . I ... "'\1 .-1.. u . .<< -..... ~ ~I it !,~ ... ... .... '" ....: ;';:0:;:-;; ~ ~n ~., II I~: /, / \ '+ . 'Q Ii ~i ~. l~ l~ I~ !t hi tE !l 51: n h H ~.. i.l: U E~ · 0 H Ii 1 'b' e 1 i i I I ~ i I :, I fj - <3 j s i ~ .! I c: ! U j ,SJ.]~I. i ,: .'~ :~ ....... """"....,, II! ____.___ __ _:...._..:.J'" to "-1,: I 11 I... i: =~ " !~ i i '" Iii J. !, i I: <=::-;;;:;;.-:"c::.,,~ ~ ,r '" It,' II .t f ---?~ <il ~ I c i!':i ' ~ I :i &l I RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS LOCATED ON OUTLOTS 0, E, & F, THE WILDS WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, MOTION BY: SECOND BY: A petition for the vacation of a portion of the drainage and utility easements located on Outlots 0, E, and F, The Wilds, 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 Easements): All drainage and utility easements lying over, under and across Outlots 0, E, and F, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota as delineated and dedicated on said THE WILDS. 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, May 16, 2005, 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 were afforded the opportunity to present their views and objections to the granting of said petition; and New Drainage and utility easements will be dedicated as part of the final plat for The Wilds Ridge, so the existing drainage and utility easements are 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 easements would be in the public interest. 3. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easements are hereby vacated: 1:\05 files\05 vacations\the wilds ridge\resolution05xx.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 Legal Description (Drainage and Utility Easements): All drainage and utility easements lying over, under and across Outlots D, E, and F, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota as delineated and dedicated on said THE WILDS. Passed and adopted this 16th day of May, 2005. YES NO Haugen Haugen FleminQ Fleming LeMair LeMair Petersen Petersen Zieska Zieska {Seal} Frank Boyles, City Manager 1:\05 files\05 vacations\the wilds ridge\resolution05xx.doc Page 2 ...__._-----,-_........_-_.._._.."_........~...,,..--"---_..__._.._----'-"---"--"""-'''''--'''''---'''''---.-'-~'-''''._-_.''--'