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Home My WebLink About6C - Westbury Ponds AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: ALTERNATIVES: STAFF AGENDA REPORT 6C R. MICHAEL LEEK, ASSOCIATE PLANNER PUBLIC HEARING TO CONSIDER RESOLUTION 95-91 APPROVING VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN LOTS 1,2 AND 3, BLOCK 2, SECOND ADDITION TO WESTBURY PONDS SEPTEMBER 18, 1995 The purpose of this public hearing is to consider a petition by Fairview Hospital and Healthcare Services to vacate the Drainage and Utility Easements platted within Lots 1, 2 and 3, Block 2, SECOND ADDITION TO WESTBURY PONDS. (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 1, 2 and 3, Block 2, SECOND ADDITION TO WESTBURY PONDS 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 medical clinic 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 95-91 authorizing the vacation of the easement as legally described therein. 1. Approve Resolution 95-91 authorizing the vacation of the easements platted between Lots 1, 2 and 3, Block 2, SECOND ADDITION TO WESTBURY PONDS 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 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY. EMPLOYER _._--,~.~_.-....__-++--"~.._..."<_.~",-..M,"._~_'~"",,,,,","-h;"'.~."""-',,~"._'~ petition for vacation. RECOMMENDATION: Alternative #1. ACTION REQUIRED: A motion to adopt Resolution 95-91. the public hearing is required. RESOLUTION 95-91 RESOLUTION PROVIDING FOR THE VACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED BETWEEN LOTS 1 AND 2, AND LOTS 2 AND 3, BLOCK 2, SECOND ADDITION TO WESTBURY PONDS MOTION BY: . SECOND BY: WHEREAS, a petition for to vacate a Drainage and Utility Easements located between Lots 1 and 2, and Lots 2 and 3, Block 2, SECOND ADDITION TO WESTBURY PONDS, 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: LEGAL DESCRIPTION: 5.00 foot utility and drainage easements contained within the easterly 5.00 feet of lot 1, Block 2, SECOND ADDITION TO WESTBURY PONDS, Scott County, Minnesota, and the westerly 5.00 feet of lot 2, Block 2 of said plat lying southerly of the northerly 10.00 feet of said Lots 1 and 2, and lying northerly of the southerly 10.00 feet of said lots 1 and 2. AND All that part of the platted 5.00 foot utility and drainage easements contained within the easterly 5.00 feet of Lot 2, Block 2, SECOND ADDITION TO WESTB URY PONDS, Scott County, Minnesota, and the westerly 5.00 feet of Lot 3, Block 2, of said plat lying southerly of the northerly 10.00 feet of said Lots 2 and 3, and lying northerly of the southerly 10.00 feet of said Lots 2 and 3. 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 18, 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 Easements would be in the public interest. 16200 t'~~~ek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQLJAL OPPORTUNITY EMPLOYER 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 Easements situated in the City of Prior Lake, Scott County, Minnesota is hereby vacated. 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 18th day of September, 1995. YES NO ANDREN ANDREN GREENFIELD GREENFIELD KEDROWSKI KEDROWSKI SCHENCK SCHENCK SCOTT - SCOTT Frank Boyles, City Manager City of Prior Lake { Seal} "RS9586" 2 NOTICE OF PUBLIC HEARING TO CONSIDER VACATION OF INTERIOR DRAINAGE AND UTILITIES EASEMENTS ON LOTS 1, 2 AND 3, BLOCK 2, SECOND ADDITION TO WESTBURY PONDS 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, September 18, 1995, as at 7:45 p.m. or as soon thereafter as possible. The purpose of the hearing is to consider Item 6B, involving vacation of the following legally described property: Legal Description: 5.00 foot utility and drainage easements contained within the easterly 5.00 feet of lot 1, Block 2, SECOND ADDITION TO WESTBURY PONDS, Scott County, Minnesota, and the westerly 5.00 feet of lot 2, Block 2 of said plat lying southerly of the northerly 10.00 feet of said Lots 1 and 2, and lying northerly of the southerly 10.00 feet of said lots 1 and 2. AND All that part of the platted 5.00 foot utility and drainage easements contained within the easterly 5.00 feet of Lot 2, Block 2, SECOND ADDITION TO WESTBURY PONDS, Scott County, Minnesota, and the westerly 5.00 feet of Lot 3, Block 2, of said plat lying southerly of the northerly 10.00 feet of said Lots 2 and 3, and lying northerly of the southerly 10.00 feet of said Lots 2 and 3. or more commonly known as the vacation of the platted, interior drainage and utilities easements. 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 30th day of August, 1995 by: R. Michael Leek Associate Planner TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN SEPTEMBER 8, 1995, AND SEPTEMBER 15,1995. 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY' EMPLOYER S~ETCH PREPARED FOR: FAIRVIEW C/O RAYMOND E. PIIRAINEN 2312 S SIXTH STREET MPLS MN, 55454 Valley Surveying CO.. F! A. SUITE 120-C, 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447 - 2570 ,. S1 R EE ~ ~ooQ ~\\..\9~ ." - < 15 fTI -------1" :I: I~ )> 0( ~ I~ : z: Ii 6! ~ I ~ ct I ~ r ~: ~ ~ V ~ I JIO ,: ~ ~ /" ~ a\OC\( 2 \ 2 &'3, R =606.61 ~ \O's' \I \\(\e 0 o..,?,' 56 ",'\'i '2-'2:" [)~~ --- ~7- ~) , \ \ ~"~ "0 ~~ \ ~;~ \\ P-~ O~\ ~ ~ 1.' I()~" "," 1. ., \ \. ,\0 <a\Oc'#. #.. " 0 erO & ,!>, ,. S6!J s \.1. 0' \0\ \\(\e C;' \1 A request to vacate all that part of the platted 5.00 foot utility and drainage easements contained within the easterly 5.00 feet of lot 1, Block 2, SEO:ND ADDITION TO WESTBURY PONDS, Scott County, Minnesota, and the westerly 5.00 feet of Lot 2, Block 2 of said plat lying southerly of the northerly 10.00 feet of said Lots land 2, and lying northerly of the southerly 10.00 feet of said Lots 1 and 2. AND All that part of the platted 5.00 utility and drainage easements contained within the easterly 5.00 feet of Lot 2, Block 2, SECCNO ADDITION TO WESTBURY PCNDS, Scott County, Minnesota, and the westerly 5.00 feet of Lot 3, Block 2, of said plat lying southerly of the northerly 10.00 feet of said Lots 2 and 3, and lying northerly of the southerly 10.00 feet of said Lots 2 and 3. JUL-l~~lg95 14:57 FH 1 Rt) 1 ELd bf7~"?124 P. 03 vc 9'5' pmt - r:r~ CITY OF PRIOR LAKE APPLICATION EUR STREET, ALLEY AND UTILITY' VACATION Applicant: Fairview ~QspiLal and Healthcare Services Address: 2450 RiversLde Avenue South, Minnea~olis~ Minneso~a 55454 ~ Phone: (612) 672-6963 (Ray Piirainen) ~..:~U~ Property Owner: S~~e as above Address: Bane P}x)ne: ~rk P~ne: LeQal Description of Site to be Vacated: u~ili~y easements between Lots l~ 2~ and 3, ~lock 2~ SECOND ADDITION TO WESTBURY PONDS Beason for ~est: GMay ~tach) To combine 3 lots under a common roper~y idenLificaLion number per CiLY 0 rlor Lake requlrement. ~SSION RECUIREMENl'S: (A) Completed ~ication ferm. {BJ Canplete Legal description & Property Identification Nunber (pm>. eej Canplete legal description of vacation site. (D) Petition or letter including the signatures and addresses of all prot:erty owners wm own land adjacent to the proposed vacation site. (E) Certified Slrvey of the prop:lsed vacation site. (F) Filing Fee. ONLY mtPLETE APPLIC7\TIONS SWL BE. RE.VI~ED BY THE CI'l'~ CDUOCII.. To the best of is correct. 1111y 10 Date 7 Asst~ Prop. Dir. ~ Date Signature THIS sa:TION TO BE FILLED OOT BY THE PLANNIN:; DIREX:TOR CITY <XXJN:IL APPIDJID DENIID SEA..q:~ ~'!'E CDNDITIONS: signature of the Planning Di rector Date .."-"----, ,."..~..'".".~.".,-~...-'"^~,....--......----.._._..'""'~--~-----_..,'--~--~~~~,~,..-.---,.,~=_.,~".,~-.