HomeMy WebLinkAbout7B Pike Lake Marsh 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: JUNE 12, 2017
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 ALONG CSAH 42 (PIKE LAKE MARSH PLAT)
DISCUSSION: Introduction
The purpose of this agenda item is to consider a request by Ron Clark
Construction to vacate a drainage and utility easement located along the
northern boundary of CSAH 42 within the current Pike Lake Marsh Plat
residential development.
History
On April 10, 2017, the City Council approved the final plat of Pike Lake Marsh
which included the deeding of Outlot E to the City of Prior Lake. The outlot
was granted for the purpose of maintaining a drainage and utility area for the
plat and surrounding area.
Current Circumstances
The necessary easement area has been deeded to the City of Prior Lake as
an outlot on the plat of Pike Lake Marsh; therefore, the previously dedicated
drainage and utility easement is no longer necessary.
As required by State Statute 462.358 Subd.7, the City Council is required to
review the disposal or acquisition of public lands as it relates to compliance
with the Comprehensive Plan. Upon proper notification, State Statute
462.358 allows the Council to vacate 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.”
Conclusion
The City no longer has a public need for the easement as the new plat (Pike
Lake Marsh) has deeded a new outlot area in accordance with proper
grading and drainage plans for the high density residential development.
Therefore, City staff recommends approval of the easement vacation
request.
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 easement?
2
Comprehensive Plan Review
The Comprehensive Plan does not specifically discuss utility easements,
other than as a function of ensuring access to public utilities. The vacation
of this easement is not inconsistent with any specific goal or objective of the
Comprehensive Plan. The new plat of Pike Lake Marsh has deeded the
necessary drainage and utility coverage for the high density residential
development of this area by way of Outlot E, Pike Lake Marsh.
Public Need
There is no public need for the drainage and utility easement as the final plat
of the Pike Lake Marsh has deeded the necessary drainage and utility outlot
area.
FINANCIAL
IMPACT:
The approval of the easement vacation will eliminate a redundant easement.
ALTERNATIVES: 1. Motion and a second to approve a resolution approving the vacation of a
drainage and utility easement located along CSAH 42 (Pike Lake Marsh
Plat).
2. Motion and a second to deny the request based upon inconsistency of
the proposal with specific regulations of Zoning and Subdivision
Ordinance 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:
ATTACHMENTS:
Alternative #1
1. General Location Map
2. Sketch of Easement Area
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-___
RESOLUTION PROVIDING FOR THE VACATION OF A DRAINAGE & UTILITY EASEMENT
LOCATED ALONG CSAH 42 (PIKE LAKE MARSH PLAT)
Motion By: Second By:
WHEREAS, Ron Clark Construction (the “Developer”) has submitted a petition for the vacation
of drainage and utility easement along CSAH 42 as identified in recorded
document #399292. 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):
An easement for utility and drainage purposes over, under and across all that part of the Southeast
Quarter of the Southwest Quarter of Section 23, Township 115, Range 22, Scott County, Minnesota,
lying east of a line drawn parallel with and distant 400.00 feet (as measured along the north and
south lines) easterly of the west, line of said Southeast Quarter of the Southwest Quarter, westerly of
the east 193.00 feet of said Southeast Quarter of the Southwest Quarter, north of the northerly right-
of-way of County Road No. 42, and southerly of a line drawn parallel with and distant 15.00 feet
southerly of the following described line:
Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter; thence on
an assumed bearing of North 00 degrees 00 minutes 00 seconds East along the east line of said
Southeast Quarter of the Southwest Quarter a distance of 544.30 feet to the point of beginning of the
line to the described; thence North 82 degrees 00 minutes 00 seconds West a distance of 181.53
feet; thence along a curve concave to the northeast, having a radius of 326.12 feet, an arc length of
156.91 feet; thence North 54 degrees 26 minutes 00 seconds West a distance of 189.92 feet; thence
North 90 degrees 00 minutes 00 seconds West a distance of 400 feet more or less to the intersection
with said line drawn parallel with and distant 400.00 feet (as measured along the north and south
lines) east of said west line and there terminating.
(PID 25-923-002-0)
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, June 12, 2017, 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, A new public outlot for drainage and utility purposes has been deeded as part of
the final plat for Pike Lake Marsh, so the existing drainage and utility easement is
no longer necessary for the maintenance of public utilities or any other public
purpose.
2
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council of Prior Lake has determined that the vacation of said public easement
would be in the public interest.
3. The approval resolution vacating the drainage and utility easement shall be recorded by the
Developer.
4. Pursuant to Minnesota Statues 462.358, the following described public easement is hereby
vacated:
Legal Description (Vacated Drainage & Utility Easement Area):
An easement for utility and drainage purposes over, under and across all that part of the Southeast Quarter of
the Southwest Quarter of Section 23, Township 115, Range 22, Scott County, Minnesota, lying east of a line
drawn parallel with and distant 400.00 feet (as measured along the north and south lines) easterly of the west,
line of said Southeast Quarter of the Southwest Quarter, westerly of the east 193.00 feet of said Southeast
Quarter of the Southwest Quarter, north of the northerly right-of-way of County Road No. 42, and southerly of a
line drawn parallel with and distant 15.00 feet southerly of the following described line:
Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter; thence on an
assumed bearing of North 00 degrees 00 minutes 00 seconds East along the east line of said Southeast Quarter
of the Southwest Quarter a distance of 544.30 feet to the point of beginning of the line to the described; thence
North 82 degrees 00 minutes 00 seconds West a distance of 181.53 feet; thence along a curve concave to the
northeast, having a radius of 326.12 feet, an arc length of 156.91 feet; thence North 54 degrees 26 minutes 00
seconds West a distance of 189.92 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of
400 feet more or less to the intersection with said line drawn parallel with and distant 400.00 feet (as measured
along the north and south lines) east of said west line and there terminating.
(PID 25-923-002-0)
Passed and adopted by the Prior Lake City Council this 12th day of June, 2017
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
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Pike Lake Marsh
Easement Vacation Location Map
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