HomeMy WebLinkAbout7A 16045 Northwood Road Easement Vacation Report
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:
NOVEMBER 28, 2016
AGENDA #: 7A
PREPARED BY: SARAH SCHWARZHOFF, CITY ATTORNEY
PRESENTED BY: SARAH SCHWARZHOFF
AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION
VACATING A UTILITY EASEMENT LOCATED AT 16045
NORTHWOOD ROAD
DISCUSSION: Introduction
The purpose of this agenda item is to hold a public hearing to consider
vacating a public utility easement. The owners of the property located at
16045 Northwood Road NW have applied to have the property
registered as Torrens.
The City was named as a party in the registration due to a utility
easement over the property. The Report of the Surveyor which was
completed as part of the registration process identified the utility
easement but noted that the easement is not in alignment and does not
accurately reflect the location of the City infrastructure.
Current Circumstances
The City filed an answer to ensure that the utility easement is retained.
After filing the answer we have worked with the applicant to provide a new,
properly aligned easement. The vacation will be contingent on the
recording of the new easement against the property as part of the
registration.
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 the public utility easement located at
16045 Northwood Road NW , contingent on the recording of the new
easement against the property as part of the registration.
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 easement to be vacated will be replaced with a new
easement which will more accurately reflects the location of the City’s
infrastructure.
Public Interest
There is no public interest to keep and maintain the old inaccurate utility
easement as it will be replaced with a new accurate easement.
ALTERNATIVES: 1. Conduct the public hearing and if no new substantive information is
offered, make a motion and a second to approve a resolution vacating
the utility easement located at 16045 Northwood Road NW.
2. Motion and a second to deny a resolution vacating the utility easement
located at 16045 Northwood Road NW upon express findings of fact.
3. Motion and a second to table action and request additional information
from staff.
RECOMMENDED
MOTION:
Alternative #1
ATTACHMENTS: 1. Survey identifying easements
Phone 952.447.9800 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 16-XXX
RESOLUTION APPROVING THE VACATION OF A UTILITY EASEMENT LOCATED AT 16045
NORTHWOOD ROAD
MOTION BY: _____________ SECOND BY: _______________
WHEREAS, The owners of the property located at 16045 Northwood Road NW have applied to
have the property registered as Torrens. The City was named as a party in the
registration due to a utility easement over the property. The Report of the Surveyor
which was completed as part of the registration process identified the utility easement
but noted that the easement is not in alignment and does not accurately reflect the
location of the City infrastructure.
WHEREAS, City staff has worked with the applicant to establish a new easement to replace the
existing easement. The owners have requested that upon replacement, the existing
easement be vacated.
WHEREAS, The easement to be vacated is dated April 13, 1977 and was recorded in the Office
of the Scott County Registrar of Titles on January 11, 1984 as Document No.
T29656.
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 November 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 public utility easement considered for vacation is not necessary to facilitate storm
water drainage or utility service because it is being replaced with a new easement.
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
contingent on the recording of the new easement against the property as part of the registration:
Legal Description (Vacated Easement Area):
A 20 foot permanent easement for public utility purposes over, under, and across Lot 111 according
to the plat of Northwood on file in the office of the County Recorder, Scott County, Minnesota. The
center line of said easement is described as follows: Commencing at the northeast corner of Lot 112,
said plat of Northwood; thence South 03 degrees 41 minutes 13 seconds East, assumed bearing,
along the east line of said Lot 112 a distance of 246.15 feet; thence South 89 degrees 31 minutes 14
seconds West 55.00 feet to the point of beginning of the center line to be described; thence continuing
South 89 degrees 31 minutes 14 seconds West 50.00 feet and said center line there terminating.
PASSED AND ADOPTED THIS 28th DAY OF NOVEMBER, 2016
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager