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Home My WebLink About6A - The Wilds Easement AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: AL TERNATIVES: STAFF AGENDA REPORT 6A DEB GARROSS, ASSISTANT CITY PLANNER PUBLIC HEARING TO CONSIDER VACATION OF A DRAINAGE AND UTILITY EASEMENT WITHIN THE PLAT OF THE WILDS SEPTEMBER 5, 1995 The purpose of this public hearing is to consider a petition by Prior Lake Development L. P. to vacate part of the Drainage and Utility Easement platted within Lots 2 and 3, Block 1, The Wilds. See attached map for reference to the vacation subject site). The applicant filed the vacation petition in order to allow for the combination of Lots 2 and 3, Block 1, The Wilds into one buildable lot. Staff mailed notice to all affected property owners and utility companies. No objections were raised regarding the proposed easement vacation. In a vacation request, the City must determine whether there is a public need or anticipated future need for the dedicated property. In this case, a single family home will be constructed over the common property line therefore, there is no public need for the existing easement. The recommendation from staff is to approve attached Resolution 95-86 authorizing the vacation of the easement as legally described therein. 1 . Approve Resolution 95-86 authorizing the vacation of the easement platted between Lots 2 and 3, Block 1, The Wilds as legally described therein. 2. Table or continue this item for further information as per Council discussion. 3. Find a public need to retain the easement and deny the petition for vacation. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RECOMMENDATION: Alternative #1. ACTION REQUIRED: A motion to adopt Resolution 95-86. e the public hearing is required. RESOLUTION 95-86 RE~OLUTIONPROVIDING FOR'THE VACATION OF A DRAINAGE AND UTILITY EASEMENT LOCATED BETWEE:'-i LOTS 2 AND 3, BLOCK 1, THE WILDS MOTION BY: SECOND BY: WHEREAS, a petition for to vacate a Drainage and Utility Easement located between Lots 2 and 3, Block 1, The Wilds, 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 Easement situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: A 10.00 foot wide easement for drainage and utility purposes lying over, under and across, that part of Lots 2 and 3, Block 1, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota, described as follows: All that part of the westerly 5.00 feet of said Lot 2 and the easterly 5.00 feet of said Lot 3, (ving south of the north 10.00 feet of said Lots 2 and 3 and lying north of the following described line: beginning at a point on the east line of said Lot 2, distant 65.43 feet north of the southeast corner thereof to a point on the west line of said Lot 3, distant 50.00 feet north of the southwest corner thereof, and there terminating. WHEREAS, notice of the 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, September 5, 1995, at 7:45 p.m. in the Council Chambers at the Prior Lake Fire Station # 1; and 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 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. "RS9586" 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 September, 1995. YES NO ANDREN GREENFIELD KEDROWSKI SCHENCK SCOTT ANDREN GREENFIELD KEDROWSKI SCHENCK SCOTT Frank Boyles, City Manager City of Prior Lake { Seal} "RS9586" 2 t\J~ vc q5 e25 ---1- pmt d~ Z-OJ7 a 02-0 CITY OF PRIOR LAKE APPLICATION FOR STREET, ALLEY AND UTILITY VACATION Applicant: F'~ 10'(2.. L~j(:.e OEVEL..OPIl1CT\!17 Address: 'Z. 5"D 0 W 11,JQS PAfZ.Jt; \,.Jt::..y Heme Phone: Vbrk Phone: 445"" 44 s-s- Address: Bane Phone: Property Cwner: ~ ,O~ LAKE' CEVE"U:)PMeJQ'V S~fV1~ 1f() rk Phone: '1 . Legal Descl:,iption of Site to be Vacated: (..or? ~ 11 RL.oGk:. I Tl-H:. IN 1z....q5 Peason for Request: (May Attach) WG AYl..E CQrV\~ nveJ~ Z. .5~\..aL L013 ~.J ~ 13u){,.1c I 1 N\'O J L~Gat LOt- ~ '-.j SJBMISSION RIDUI1ID1ENI'S: (A) Completed Application ferm. . (B) Complete Legal description & Property Identification Nurrber (pm). ~Cj Complete legal description of vacation site. 'cD) Petition or letter including the signatures and addresses of all prot:erty owners who own land adjacent to the proposed vacation site. ~-(E) Certified Survey of the pror:csed vacation site. (F) Filing Fee. ONLY COMPLETE APPLICATIONS ffiALL BE. REVIEWED BY THE CITY aJtm:IL. '/ /2/ /0r;;-' Date I I 'lEIS SEX:TION TO BE FILLED OUT BY THE PLANNIN:; DlREX:'IOR CITY OJUN:IL APPROlED DENIED HFARIN; CATE CONDITIONS: Signature of the Planning Director rate (g D\YJ ~ a!l. l.AHO ~~~ . ~ DlCINf[JtS l.AHO Pl.ANN(IlS. LANOSCAl'( AACNltCTS 7122 E"tp.Tpri5p. Dr iv" Mp.ndoto Height!!. MN S"i170 (812) 881-1914 FAX:881-9488 625 Highway 10 NE. Blaine. MN 55434 (812) 783-1880 FAX: 783-1883 Certificate of Survey for: PRIOR LAKE DEVELOPMENT ~ o o ~ " IlO Z 10 z f"\ ~ PROPOSED LEGAL DESCRIPT ION FOR THE VACATION OF A DRAINAGE AND UTILITY EASEMENT A 10.00 foot wide eas."ent for dralnGCJe and utllty purpoen Iyfnc; over. under and aCt'Oft. that part of Lot. 2 and 3. Block 1. 1HE ""LOS, according to the recorded plat thereof. Scott County. Minnesota, deKrIMd as follows: All that part of the w..terty 5.00 feet of aald Lot 2 and the ea.terty 5.00 feet of aald Lot 3, Iyfnc; south of the north 10.00 feet of ~Id Lata 2 and 3 and Iyfng north of the following cfncrt)ed line: beglnnln9 at a point on the east line of said Lot 2. dIstant 6~.4J feet north of the southeast comer thereof to a point on the weet Ifne of eald Lot 3, d1atant 50.00 feet north of the southwest comer thereof, and there terminating. ~e hereby certify to Prior Lake Oevelop..nt that this survey, plan or report Nas prepared by .e, or under .y direct supervision, and that I aa a duly licensed land surveyor under the laNs of the State of "innesota. Dated this 8th day of "ay, 1"5. SIGNED: BY: ~ John C. Larson, Land Surveyor "innesota License No. 1'828 Scale: 1 inch - 100 feet 713 T 94260 . _. NOTICE OF PUBLIC HEARING TO CONSIDER VACATION OF LOTS 2 AND 3, OF BLOCK 1, THE WILDS 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. (South\vest of the intersection of County Road 21 and Fish Point Road) on lVlonday, September 5, 1995, at 7:45 p.m. The purpose of the hearing is to consider vacating the following legally described property: Legal Description: A 10.00 foot wide easement for drainage and utility purposes lying over, under and across, that part of Lots 2 and 3, Block 1, THE WILDS, according to the recorded plat thereof Scott County, .i.\ifinnesota, described as follows: All that part of the westerly 5.00 feet of said Lot 2 and the easterly 5.00 feet of said Lot 3, lying south of the north 10.00 feet of said Lots 2 and 3 and lying north of the following described line: beginning at a point on the east line of said Lot 2, distant 65. -/.3 feet north of the southeast corner thereof to a point on the west line of said Lot 3, distant 50.00 feet north of the southwest corner thereof, and there terminating. or more commonly known as the vacation of the platted easement. If you \vish to be heard in reference to these vacations, you should attend the hearing. Oral and \vritten comments will be considered by the City Council. If you have questions regarding this matter, contact the Planning Department at 447-4230. Prepared this 14th day of August, 1995 by: Deb Garross Assistant City Planner TO BE PUBLISHED IN THE PRIOR LAKE AMERICAl'T AUGCST 19, 1995, AND AUGUST 26. 1995. 16200 Eagle Creek Ave.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY E:.-1PLOYER