HomeMy WebLinkAbout7A 5832 Industrial Lane 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: APRIL 25, 2016
AGENDA #: 7A
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVING A RESOLUTION
APPROVING THE VACATION OF AN ACCESS EASEMENT
LOCATED WITIHIN DEERFIELD INDUSTRIAL PARK SIXTH
ADDITION
DISCUSSION: Introduction
The purpose of this public hearing is to consider a request by Port City
Bakery to vacate an access easement located on Lot 1, Block 1,
Deerfield Industrial Park Sixth Addition. This site is located at 5832
Industrial Lane SE. Port City Bakery is purchasing this property, which
is currently occupied by Triple Play (Port City primarily makes pizza
dough for pizza companies).
History
In May of 2008, the City of Prior Lake was issued an access easement for
the purpose of a City truck turn-around in the parking lot of 5832 Industrial
Lane. This was due to the fact that a full cul-de-sac had not yet been
constructed at the end of Industrial Lane, and the City street maintenance
vehicles may have required a turn-around to provide snow removal
services. The property owner would like to consider future expansion of
the building at this location, and to do so, the access easement should be
vacated.
Current Circumstances
On April 18, the Planning Commission recommended approval of the
vacation request related to compliance with the Comprehensive Plan.
Conclusion
Upon proper notification, State Statute 412.851 allows the Council to
vacate easements and right-of-way 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:
The City Council must make two determinations. Does the vacation of the
existing easement comply with the Comprehensive Plan, and is there a
public need or anticipated future need for the dedicated property?
FINANCIAL
IMPACT:
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 City Public Works Department has indicated that this
easement is not utilized or necessary to ensure well-maintained street in
the area. City trucks can turn at the end of Industrial Lane without going
into the private property parking lot to do so.
Public Need/Interest
No public need will be present to maintain this access easement since it
has not be used by the City, and Industrial Lane will eventually be
continued to the northeast with future development.
The vacation of this access easement will allow potential expansion of a
new business in Deerfield, which will improve the overall economic
development of the City.
ALTERNATIVES: 1. Motion and a second to approve a resolution approving the vacation
of an access easement located within Deerfield Industrial Park 6th
Addition.
2. Motion and a second to table action to a date and time certain to allow
the staff to provide additional information specifically requested by the
City Council.
3. Motion and a second to deny part or all of the application based upon
inconsistency of the proposal with specific regulations of Zoning and
Subdivision Ordinances and/or specific policies of the Comprehensive
Plan.
RECOMMENDED
MOTION:
Alternative #1
ATTACHMENTS: 1. General Location Map
2. Existing Access Easement Document
Phone 952.447.9800 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 16-XXX
RESOLUTION PROVIDING FOR THE VACATION OF AN ACCESS EASEMENT LOCATED ON LOT 1, BLOCK
1, DEERFIELD INDUSTRIAL PARK SIXTH ADDITION
MOTION BY: _____________ SECOND BY: _______________
WHEREAS, Port City Bakery has submitted a petition for the vacation of an access easement located at Lot
1, Block 1, Deefield Industrial Park Sixth Addition. 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 Access Easement Area):
A 25 foot access easement over and across that part of Lot 1, Block 1, DEERFIELD
INDUSTRIAL PARK SIXTH ADDITION, according to the recorded plat thereof, Scott County,
Minnesota, the centerline of said easement is described as follows:
Commencing at the most southerly corner of said Lot 1; thence North 44 degrees 28 minutes
10 seconds East, along the southeasterly line of said Lot 1, a distance of 35.00 feet to the
point of beginning of centerline to be described; thence North 45 degrees 31 minutes 50
seconds West a distance of 13.22 feet; thence North 0 degrees 25 minutes 24 seconds East a
distance of 353.48 feet; thence North 89 degrees 34 minutes 36 seconds West a distance of
128.00 feet; thence South 0 degrees 25 minutes 24 seconds West a distance of 225.38 feet;
thence South 40 degrees 43 minutes 10 seconds East a distance of 145.96 feet; thence South
71 degrees 55 minutes 27 seconds East a distance of 31.45 feet and there said centerline
terminates.
(PID 25-449-001-0)
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, April 25, 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 public access easement considered for vacation is not necessary to facilitate public access
for street services in this area.
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.
3. Pursuant to Minnesota Statues 462.358, the following described public easement is hereby vacated:
Legal Description (Vacated Access Easement Area):
A 25 foot access easement over and across that part of Lot 1, Block 1, DEERFIELD INDUSTRIAL PA RK
SIXTH ADDITION, according to the recorded plat thereof, Scott County, Minnesota, the centerline of said
easement is described as follows:
Commencing at the most southerly corner of said Lot 1; thence North 44 degrees 28 minutes 10 seconds East,
along the southeasterly line of said Lot 1, a distance of 35.00 feet to the point of beginning of centerline to be
described; thence North 45 degrees 31 minutes 50 seconds West a distance of 13.22 feet; thence North 0
degrees 25 minutes 24 seconds East a distance of 353.48 feet; thence North 89 degrees 34 minutes 36
seconds West a distance of 128.00 feet; thence South 0 degrees 25 minutes 24 seconds West a distance of
225.38 feet; thence South 40 degrees 43 minutes 10 seconds East a distance of 145.96 feet; thence South 71
degrees 55 minutes 27 seconds East a distance of 31.45 feet and there said centerline terminates.
(PID 25-449-001-0)
PASSED AND ADOPTED THIS 25th DAY OF APRIL, 2016.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
ADELMANN ST SE
EAGLE
CREEKAVSE
CREDITRIVERRDSE
INDUSTRIALLNSE
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5832 Industrial Lane SE
Vacation
Location Map
BLIND
LAKE
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948.7)
MARKLEY
LAKE
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CRYSTAL LAKE
NE
943.3)
RICE LAKE
NE
945)
H IGHWAY13
170TH ST SW
CR
87
Spring Lake
Cleary Lake
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