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Home My WebLink About7A Basswood Easement Vacation Willows 2nd Add 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: AUGUST 22, 2016 AGENDA #: 7A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION APPROVING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED WITIHIN THE WILLOWS 2ND ADDITION DISCUSSION: Introduction The purpose of this agenda item is to hold a public hearing to consider vacating public drainage and utility easements. James Michael has requested the vacation of an easement located on Lot 5, Block 3, Willows 2nd Addition. The site is located along Basswood Circle. History As part of the Willows 2nd Addition plat in 1971, drainage and utility easements were dedicated around the perimeter of the individual residential lots. Since then, the rear yard area of Lot 5, Block 3 has transferred ownership to a parcel along Basswood Circle; however, the rear yard easements were not vacated in the area with the transfer as would generally occur. Current Circumstances The property owner would like to consider building a residential home in the future on the property on Basswood Circle, and the vacation of the easements would assist in this single lot development. Upon proper notification, State Statute 412.851 allows the Council to vacate 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.” Conclusion Staff supports the vacation of certain public drainage and utility easements located on Lot 5, Block 3, Willows 2nd Addition. ISSUES: The City Council must make two determinations. Does the vacation of the existing easement comply with the Comprehensive Plan and is there any public interest to keep and maintain the existing easement? 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 these easements are not utilized or necessary to ensure storm water drainage and utility service in the area. Public Interest Based on City staff review of this specific location, there is no public interest to keep and maintain this drainage and utility easement, now or into the future. ALTERNATIVES: Conduct the public hearing and unless new information is presented: 1. Motion and a second to approve a resolution approving the vacation of drainage and utility easements within the Willows 2nd Addition. 2. Motion and a second to deny a resolution vacating drainage and utility easements in Willows 2nd Addition based upon expressed findings of fact. 3. Motion and a second to table action and request additional information from staff. RECOMMENDED MOTION: Alternative #1 ATTACHMENTS: 1. General Location Map 2. Survey indicating rear yard easements Phone 952.447.9800 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-XXX RESOLUTION APPROVING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED WITHIN THE WILLOWS 2ND ADDITION Motion By: Second By: WHEREAS, James Michael, the property owner, has submitted a petition for the vacation of a drainage and utility easement located within the Willows 2nd. 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 Easement Area): All drainage and utility esasements over and across that part of Lot 5, Block 3, WILLOWS 2ND ADDITION, Scott County, Minnesota and that part of Outlot B of said plat described as follows: Beginning at the southwest corner of Lot 3, Block 3, of said plat; thence southerly along southerly extension of the west line of said Lot 3, to the intersection with the southerly line of said Lot 5; thence southwesterly along the southerly line of said Lot 5, to the northeast corner of Lot 6, Block 3, of said plat; thence southeasterly along the easterly line of said Lot 6, to the southeast corner of said Lot 6; thence northeasterly along the northeasterly extension of the southerly line of said Lot 6, a distance of 109.8 feet to the intersection with the shoutherly extension of the east line of Lot 3, Block 3, of said plat; thence northerly along said southerly extension to the southeast corner of said Lot 3; thence westerly along the south line of said Lot 3, to the point of beginning. (PID 25-109-021-0) 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, August 22, 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 drainage and utlity easements considered for vacation are not necessary to facilitate strom water drainage or utility service. 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 Easement Area): All drainage and utility esasements over and across that part of Lot 5, Block 3, WILLOWS 2ND ADDITION, Scott County, Minnesota and that part of Outlot B of said plat described as follows: Beginning at the southwest corner of Lot 3, Block 3, of said plat; thence southerly along southerly extension of the west line of said Lot 3, to the intersection with the southerly line of said Lot 5; thence southwesterly along the southerly line of said Lot 5, to the northeast corner of Lot 6, Block 3, of said plat; thence southeasterly along the easterly line of said Lot 6, to the southeast corner of said Lot 6; thence northeasterly along the northeasterly extension of the southerly line of said Lot 6, a distance of 109.8 feet to the intersection with the shoutherly extension of the east line of Lot 3, Block 3, of said plat; thence northerly along said southerly extension to the southeast corner of said Lot 3; thence westerly along the south line of said Lot 3, to the point of beginning (PID 25-109-021-0) PASSED AND ADOPTED THIS 22th DAY OF AUGUST 2016 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager E L M A V S W BASSWOOD CIR SW W I L L O W B E A C H T R L S W B A Y A V S W Ü Basswood Circle VacationLocation Map UPPER PRIOR LAKE GD (904) SPRIN G LAKE GD (912.8) BLIND LAKE RD (948.7) CRYSTA L LAK E NE (943.3) H I G H W A Y 1 3 PLEASANT ST SE Spring Lake Upper Prior Lake SUBJECTPROPERTY SUBJECTPROPERTY