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Home My WebLink About6A - Wilds Lane AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 6A DEB GARROSS, ASSISTANT CITY PLANNER CONTINUE PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION 95-29, VACATING PART OF WILDS LANE, WITHIN THE PLAT OF "THE WILDS" JUNE 5, 1995 The purpose of this item is to continue consideration a petition by Prior lake Development L.P., to vacate part of Wilds Lane, located within the plat of "The Wilds.: See attached map for reference to the subject vacation site. Council action related to this vacation application should take place after Council approval' of the preliminary plat of "Preserve at the Wilds." The applicant has filed the vacation petition in conjunction with the preliminary plat of "Preserve at the Wilds." The preliminary and final plat are tentatively scheduled to be heard by the City Council on June 5, 1995. The vacation of the part of Wilds Lane, specified in this application, is recommended by staff. Wilds Lane connects the private subdivision of "Sterling South at the Wilds" with a public collector street, (Wilds Parkway). At the time that Sterling South was subdivided, staff identified the need to vacate the remaining section of Wilds Lane, northeast of the plat to Wilds Parkway. The rationale for vacation was that the City did not want to maintain the small section of Wilds Lane that was dedicated to the public in the plat of liThe Wilds. n The vacation of the remaining public section of Wilds Lane is timely, due to the pending preliminary plat application for "Preserve at the Wilds.: The vacation will result in all of Wilds Lane, becoming a private street, which serves the private streets within Sterling South and the future private street within the plat of the Preserve. The City desires that all of Wilds Lane be private. However, "VC03CC" 1 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ISSUES: ALTERNATIVES: there are public utilities within the right-of-way therefore, Resolution 95-29 vacates the street but reserves the right to maintain drainage and utility easements over Wilds Lane. One additional item that should be required of the applicant, is to provide an easement for access over Wilds Lane, to the plat of Sterling South. A copy of the access easement should be provided to the City, acceptable to the City Engineer. A copy of the filed easement shall be required prior to the release of the final plat of "Preserve at the Wilds." Staff mailed notice of the vacation public hearing to all affected property owners and utility companies in addition to the required publication and posting of notice in the Prior Lake American. No objections were raised regarding the proposed road vacation as of the date that this report was written. Staff will present any information received from the public regarding the vacation petition, at the May 15, 1995 City Council meeting. In a vacation request, the City must determine whether there is a public need or anticipated future need for the dedicated property. Staff is of the opinion that there is no future need for the public to retain the road as platted. This proposed private roadway would met the conditions set forth in the private street policy. 1 . Adopt Resolution 95-29 as presented or with changes directed by the City Council. 2. Continue or table the public hearing for specific reasons. 3. Deny the petition to vacate based upon the finding that there is a public need to retain Wilds Lane as platted. RECOMMENDATION: Alternative #1. ACTION REQUIRED: "VC03CC" If it is the intent of the Council to approve the vacation, the public hearing should be continued until after approval of the preliminary plat of "Preserve at the Wilds." A motion to adopt Resolution 95-29 vacating part of Wilds Lane as legally described therein, woulo/be appropriate following approval of the preliminary ptat. / flj ~ ./ 1c ,~",f L-~ Reviewed Fran Boyles, City Manager ( / / " .----- 2 "T RESOLUTION 95-29 RESOLUTION PROVIDING FOR THE VACATION OF WILDS LANE, WITHIN THE PLAT OF "THE WILDS" MOTION BY: SECOND BY: WHEREAS, a petition for Road vacation has been duly presented to the City of Prior Lake, signed by a majority of the owners of the property abutting the following described Road situated in the City of Prior Lake, Scott County. Minnesota to wit: LEGAL DESCRIPTION: All that part of Wilds Lane as dedicated and delineated on THE WILDS, according to the recorded plat thereof, Scott County, Minnesota, lying westerly of the westerly right-of-way line of Wilds Trail as dedicated and delineated on said THE WILDS. WHEREAS, notice of the public hearing on said petition 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, May 15. 1995, at 8:00 p.m. in the Council Chambers at the Prior Lake Fire Station # 1 ~ and WHEREAS, the public hearing on said petition was continued to June 5, 1995 at 8:00 p.m. WHEREAS, 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 WHEREAS, the City Council of Prior Lake had determined that the vacation of said Road would be in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statues 412.851, the above described Road situated in the City of Prior Lake, Scott County, Minnesota. "VC02RS" 1 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER BE IT FURTHER RESOLVED that this Resolution will be forwarded to the Office of the County Recorder, Scott County, for appropriate action. Passed and adopted this 5th day of June, 1995. YES NO ANDREN GREENFIELD KEDROWSKI SCHENCK SCOTT ANDREN GREENFIELD KEDROWSKI SCHENCK SCOTT Frank Boyles, City Manager City of Prior Lake { Seal} "VC02RS" 2 al":. ~ C\1 C\l o ...-t """ i~ i I!! ~j 5 * ~ 'i ~ Q 1 ~ if 1 <'t i i~ E'li i . ! i' i .. ,~ I I i" ",. .sa ~ ts E I .. .! .! 5; 1i 11 I .Ii i ill ~ h :-0; ~ 1i~ ~ 'I " j .Ii . it ~o 1 ...Ii I - 5 i: .; = I U Jl I E~ . 0 <iI H .h _v (':'L E \.I. . ~ :i III ; a.. · il t.'" I en w ~ us. ~ w .., m i z o ~ ~ ::IIi Q w en o D. o a: D. ?i" d .~\.~ r:.. !! ( ::J Iilll' ~ if~ --3 j~- .1 .1 'o~ ;..; 'N :... 'r CI) Q ~ ~ iii ;:) l:i!: .. ~ii& ~!~~ pi;; . ...11,' .Hii ,&1;; j so: ~ " . . ....!;~ii ~_~.!."l :.22 i ! ~ h I .. ! ni ;1 ! "" II. " ,.. II ../l _. . t '~WIJ'.~ -"'-"--~----'---'----I" _J~;i~ _ l...&G.CDI K'OIR- ~~''''''''_'''o'''''~'''~'_'!.-''_ is ~ , u rn --"'?~ Eo-. ~ ~ c ~ ~ ~ ~ ~ ~ ~ ~ g: . ~ i..: .., "- ~ ~ if ~ L; ~ r... ::s CI'J L.J t) .; ~o.l .- .- :, ~- 0 \II \ \ \ \ " :., \ \ .. , , , \ .j , ....\ ~ \ .~~'J , llIIt~ Q \ l~t- \ 1:1 \ I I I , I .",--- J t' i ~ i i I ! ~ , w '4 , I ,I j I! ! fj' ~I ! I I! j dldl .1 f . t .,. ~ . - . . i . . ..- I ~I o't~ tv N E S OTICE OF VACATION OF DRAINAGE AND UTILITY EASEMENT You are hereby notified that the Prior Lake City Council will hold a public hearin& at Prior Lake Fire Station #1, located at 16776 Fish Point Road SEe (Southwest of the intersection of County Road 21 and Fish Point Road) on Monday, May 15, 1995, at 8:00 p.m. The purpose of the hearing is to consider vacating the following legally described road easement and drainage and utility easement. Road Easement Description: All that part of Wilds Lane as dedicated and delineated on THE WILDS, according to the recorded plat thereof, Scott County, Minneso~ lying westerly of the westerly right-of-way line of Wilds Trail as dedicated and delineated on said THE WILDS. or more commonly known as the vacation of Wilds Lane. Drainage and Utility Easement Description: The 10.00 foot easement for drainage and utility purposes lying over, under and across that part of Outlot B, as delineated and dedicated on THE WILDS, according to the recorded plat thereof, Scott County, Minneso~ lying within the following described property: That part of Outlot B, THE WILDS, according to the recorded plat thereof, Scott County, Nlinnesota. described as follows: Beginning at the southwest comer of Outlot L, said THE WILDS; thence on an assumed bearing of South 86 degrees 59 minutes 47 seconds East, along the southerly line of said Outlot L, a distance of 500.00 feet to the southwesterly line of said Outlot L; thence South 44 degrees 37 minutes 21 seconds East, along said southwesterly line, a distance of 47.48 feet; thence North 86 degrees 59 minutes 47 seconds West, a distance of 533.35 feet to the intersection with a line bearing South 00 degrees 04 minutes 49 seconds East from the point of beginning; thence North 00 degrees 04 minutes 49 seconds West, a distance of 32.05 feet to the point of beginning. - If you wish to be heard in reference to these vacations, you should attend the hearing. Oral and written comments will be considered by the City Council. If you have questions regarding this matter, contact the Planning Department at 447-4230. Prepared this 18th day of April, 1995 by: R. Michael Leek Associate Planner TO BE PUBLISHED IN THE PRIOR LAKE A1vIERlCAN APRIL 22, 1995, AJ.'fD APRIL 29, 1995. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTCNITY E:vIPLOYER