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Home My WebLink About7B Eastwood 3rd Addn Easement Vacation Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: MARCH 28, 2016 AGENDA #: 7B PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION APPROVING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT LOCATED WITHIN EASTWOOD THIRD ADDITION DISCUSSION: Introduction The purpose of this agenda item is to consider a request from Estate Avenue Realty LLC to vacate a drainage and utility easement located on Lot 2, Block 1, Eastwood Third Addition. This site is located at 14844 Estate Avenue NE along the southern shores of Lower Prior Lake. History On August 15, 2011 Eastwood Third Addition was approved by City Council (2 residential lots). Currently, neither lot has a constructed home located there. A drainage and utility easement located on Lot 2, which was created to handle storm water drainage, is proposed to be vacated in favor of a separate storm water management system for the two lots. The Planning Commission reviewed the easement vacation request on March 21, 2016 and recommended approval based on conformance with the 2030 Comprehensive Plan. Current Circumstances The drainage and utility easement was planned on this site for a storm water feature that would satisfy the City and State requirements. Design of the house on Lot 2 has proved difficult given the constraints created by this easement location. The applicant, City Engineering and Public Works Departments have discussed alternative options to handle the storm water design. The solution is to design and construct an underground private system, which will be maintained by the property owner under the terms of a maintenance agreement with the City. With the placement of this alternative storm water system and maintenance agreement, the current easement will no longer be necessary. As required by State Statute 462.356 Subd.2, the City Council is required to review the disposal or acquisition of public easements and lands as it relates to compliance with the Comprehensive Plan. Upon proper notification, State Statute 412.851 allows the Council to vacate public easements by resolution. The statute also states “no such vacation shall be made unless it appears to be in the public interest to do so.” ISSUES: FINANCIAL IMPACT: Conclusion The City Council must make two determinations. Does the vacation of the existing easement comply with the Comprehensive Plan, and is there a public interest/need now or in the future for the dedicated property? Comprehensive Plan Review One of the goals of the Comprehensive Plan is to “provide well-maintained streets, water distributions systems, sewage systems, and other municipal services”. The public drainage and utility easement area proposed to be vacated in this case is not needed to provide adequate storm water service with the implementation of an alternative underground storm water system and maintenance agreement. Public Interest/Need There is no public interest or need present to retain the easement since the new private storm water system will satisfy the requirements for storm water management in the area. Each time the city enters into agreements of this nature, it is incumbent on the city to remain aware that the agreement exists and monitor the operation of the storm water system to assure it functions in perpetuity. Experience has taught that these responsibilities are easier said than done. In this case, there does not appear to be a reasonable alternative short of rendering a developable lot unbuildable. Therefore, the alternative private storm water management system is designed to replace the public drainage and utility easement, as recommended by City staff. The proposed system will be privately constructed and maintained with no financial impact to the City except ongoing monitoring and enforcement. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the vacation of a drainage and utility easement located within Eastwood Third Addition. 2. Motion and a second to deny the request based upon inconsistency of the proposal with specific regulations of Zoning and Subdivision Ordinances and/or specific policies of the Comprehensive Plan. 3. Motion and a second to table action and direct staff to provide additional information specifically requested by the City Council. RECOMMENDED MOTION: Alternative #1 EXHIBITS: 1. General Location Map 2. Illustrative Sketch of Easement Area Phone 952.447.9800 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-XXX RESOLUTION PROVIDING FOR THE VACATION OF A DRAINAGE & UTILITY EASEMENT LOCATED WITHIN THE EASTWOOD THIRD ADDITION PLAT MOTION BY: _____________ SECOND BY: _______________ WHEREAS, John Anderson with Estate Avenue Realty, LLC has submitted a petition for the vacation of a drainage and utility easement located at 14844 Estate Avenue SE. The petition has been duly presented to the City of Prior Lake, signed by the owners of the property situated in the City of Prior Lake, Scott County, Minnesota to wit: Legal Description (Vacated Drainage & Utility Easement Area): That part of Lot 2, Block 1, EASTWOOD THIRD ADDITION, City of Prior Lake, Scott County Minnesota, described as follows: Commencing at the most southwesterly corner of said Lot 2; thence North 24 degrees 08 minutes, 21 seconds West, along the southwesterly line of said Lot 2, a distance of 47.03 feet; thence North 65 degrees 51 minutes 39 seconds East, a distance of 5.00 feet to a point on a line that is parallel with and distant 5.00 feet northeasterly measured at right angles to said southwesterly line and the point of beginning of the land to be described; thence North 65 degrees 51 minutes 39 seconds East, a distant of 20.97 feet; thence South 62 degrees 49 minutes 08 seconds East, a distance of 18.92 feet; thence South 82 degrees 48 minutes 40 seconds East, a distance of 23.56 feet to a point on a line that is parallel with and distant 10.00 feet northwesterly measured at right angles to the southeasterly line of said Lot 2; thence South 47 degrees 43 minutes 00 seconds West, along last said parallel line, a distance of 27.18 feet; thence South 63 degrees 07 minutes 13 seconds West, along last said parallel line, a distance of 27.13 feet, to a line parallel with and distant 5.00 feet northeasterly measured at right angles to the southwesterly line of said Lot 2; thence North 24 degrees 08 minutes 20 seconds West, along last said parallel line, a distance of 36.78 feet, to the point of beginning. (PID 25-480-002-0) WHEREAS, Notice of the hearing 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, March 28, 2016, in the Council Chambers at City Hall, 4646 Dakota Street SE; and WHEREAS, 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 WHEREAS, The portion of public drainage and utility easement considered for vacation is not necessary to facilitate utility services to the residential neighborhood. 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 public easement would be in the public interest subject to the execution of a private maintainance agreement that applies to Lot 2, Block 1, Eastwood Third Addition (PID 25-480-002-0) in perpetuity. 3. Pursuant to Minnesota Statues 462.358, the following described public easement is hereby vacated: Legal Description (Vacated Drainage & Utility Easement Area): That part of Lot 2, Block 1, EASTWOOD THIRD ADDITION, City of Prior Lake, Scott County Minnesota, described as follows: Commencing at the most southwesterly corner of said Lot 2; thence North 24 degrees 08 minutes, 21 seconds West, along the southwesterly line of said Lot 2, a distance of 47.03 feet; thence North 65 degrees 51 minutes 39 seconds East, a distance of 5.00 feet to a point on a line that is parallel with and distant 5.00 feet northeasterly measured at right angles to said southwesterly line and the point of beginning of the land to be described; thence North 65 degrees 51 minutes 39 seconds East, a distant of 20.97 feet; thence South 62 degrees 49 minutes 08 seconds East, a distance of 18.92 feet; thence South 82 degrees 48 minutes 40 seconds East, a distance of 23.56 feet to a point on a line that is p arallel with and distant 10.00 feet northwesterly measured at right angles to the southeasterly line of said Lot 2; thence South 47 degrees 43 minutes 00 seconds West, along last said parallel line, a distance of 27.18 feet; thence South 63 degrees 07 minu tes 13 seconds West, along last said parallel line, a distance of 27.13 feet, to a line parallel with and distant 5.00 feet northeasterly measured at right angles to the southwesterly line of said Lot 2; thence North 24 degrees 08 minutes 20 seconds West, along last said parallel line, a distance of 36.78 feet, to the point of beginning. (PID 25-035-001-0) PASSED AND ADOPTED THIS 28th DAY OF MARCH, 2016. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager E S T A T E A V S E L O R I R D S E Lower Prior Lake Ü 14956 Pixie Point Circle SE Variance Location Map LOWER PRIOR LAKE GD (904) 140TH ST NE 1 5 0 T H S T S E E A G L E C R E E K A V N E H I G H W A Y 1 3 Lower Prior Lake SUBJECT PROPERTY SUBJECT PROPERTY