HomeMy WebLinkAbout6B - Wilds Easement 95-30
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
ISSUES:
STAFF AGENDA REPORT
6B
DEB GARROSS, ASSISTANT CITY PLANNER
CONTINUE PUBLIC HEARING TO CONSIDER ADOPTION
OF RESOLUTION 95-30, VACATING UTILITY AND
DRAINAGE EASEMENT WITHIN OUTLOT B, THE WILDS.
JUNE 5, 1995
The purpose of this item is to continue the public hearing to
consider a petition by Prior Lake Development L. P. I to vacate
a drainage and utility easement located within Outlot B, 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. n
The applicant has filed the vacation petition in conjunction with
the preliminary and final plat of "Preserve at the Wilds." The
preliminary plat public hearing was scheduled for May 8, 1995
before the Planning Commission, however, due to insufficient
information from the applicant, the public hearing was
continued to May 22, 1995. The preliminary and final plat are.
on this agenda and it is therefore appropriate for the Council to
consider this vacation request.
The vacation of the drainage and utility easement legally
described in Resolution 95-30, is requested in order to replat
Outlots L, W, 8, and the vacated part of Wilds Lane, into
"Preserve at the Wilds." The vacation is necessary in order to
provide sufficient lot area to accommodate the proposed plat.
The result of the platting process will be to increase the size of
Outlot L, The Wilds, by taking land from fairway Outlots Wand
B. The utility and drainage easement proposed for vacation, is
located within the future building envelope for the southerly lots
within the proposed plat of the "Preserve at the Wilds."
The public hearing for the utility and drainage easement
vacation had to be published in April to meet statutory
requirements. All materials have now been received and the
preliminary and final plat are before the Council. This is the
appropriate time to consider this request.
"Y A02CC' 1
16200 t:agIe Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
1
The only appreciable impact of this vacation is to reduce the
fairway width for the golf course.
ALTERNATIVES:
1. Adopt attached Resolution 95-30, approving the vacation
of the utility and drainage easement legally described in
the attached Resolution.
2. Continue the public hearing to a date and time certain.
RECOMMENDATION: Alternative #1.
ACTION REQUIRED: If it is the intent of the Council to approve the vacation, the
public hearing should be continued until after the preliminary
plat of "Preserve at the Wilds" is approved. At that point, a
motion to open the public hearing and adopt Resolution 95-30
as presented or with changes_as directed by the City Council
would be in order a /
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Reviewed BY/Bf. les, City Manager
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RESOLUTION 95-30
RESOLUTION PROVIDING FOR THE VACATION
OF UTILITY AND DRAINAGE EASEMENT WITHIN
OUTLOT B, THE WILDS.
MOTION BY: SECOND BY:
WHEREAS, a petition for Drainage and Utility Easement 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 Drainage and Utility Easements situated in the City of Prior Lake,
Scott County, Minnesota to wit:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
LEGAL 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, Minnesota, lying within the following described
property:
That part of Outlot B, THE WILDS, according to the recorded plat thereof, Scott
County, Minnesota, described as follows:
Beginning at the southwest comer of Outlot L, said THE WILDS; thence on an
assumed bearing 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.
notice of the hearing on said petition 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 15, 1995, at 8:00 p.m. in
the Council Chambers at the Prior Lake Fire Station #1; and
the Public Hearing on said petition was continued to June 5, 1995 at 8:00 p.m.; 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 City Council of Prior Lake has determined that the vacation of said Drainage and
Utility Easement 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 Drainage and Utility Easement situated
in the City of Prior Lake, Scott County, Minnesota is hereby vacated.
"Y A03RS" 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}
"V A03 RS"
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2422 Enterprise Drive
Mendota Heights. MN 55120
(812) 881-1914 FAX:881-9488
625 Highway 10 N.E.
Blaine. MN 55~4
(812) 783-1880 FAX:78J-188J
PRIOR LAKE DEVELOPMEN.T
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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 hearing, at
Prior Lake Fire Station #1, located at 16776 Fish Point Road SE. (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, Minnesota, 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,
Minnesota, lying within the following described property:
That part of Outlot B, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota,
described as follows:
Beginning at the southwest corner 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 of533.35 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 PCBLISHED IN THE PRIOR LAKE AMERlC~~N APRlL 22, 1995, AND
APRIL 29, 1995.
16200 Eagle Creek Ave., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTCNITY EMPLOYER