HomeMy WebLinkAbout7B Edgewater 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: JULY 10, 2017
AGENDA #: 7B
PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR
PRESENTED BY: CASEY MCCABE
AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION
APPROVING THE VACATION OF DRAINAGE AND UTILITY
EASEMENTS AT 15286 EDGEWATER CIRCLE NE
DISCUSSION: Introduction
The purpose of this agenda item is to consider a request by Gerold Brothers
Homes, on behalf of the property owners Mark and Heidi Ohlmann, to vacate
drainage and utility easements located along the southern property line of
15286 Edgewater Circle NE.
History
The 1971 plat of Martinson Island Second Addition dedicated 10 foot
easements along property lines for drainage and utility purposes. Over the
years, property owners have purchased slivers of adjacent lots to expand
their lot areas. The property at 15286 Edgewater Circle NE was expanded
with the addition of a small portion of property of Lot 2, Block 1, Martinson
Island Second Addition; however, the drainage and utility easements
originally dedicated with the plat were not adjusted to reflect the property line
adjustment. The drainage and utility easements along the southern property
line now range from 10 to a combined 20 feet in width.
Current Circumstances
The applicant is proposing to remove the current structure and construct a
new single-family home on the site. In order to facilitate construction of the
new home, the applicant is requesting the vacation of the existing drainage
and utility easements along the southern property line on Lot 1, Block 1,
Martinson Island Second Addition.
The applicant will be granting a new 10 foot drainage and utility easement
along the southern property line which is sufficient easement area; therefore,
the previously dedicated drainage and utility easements are 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.”
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Conclusion
The City no longer has a public need for the easements as the property
owners will be granting the necessary 10-foot drainage and utility easement
along the southern property line. 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?
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 property owners will be granting the necessary
drainage and utility easement area.
Public Need
There is no public need for the drainage and utility easements as the
property owners will be granting the necessary easement area.
The City Engineer has confirmed there are no utilities located in this area
and the 10-foot drainage and utility easement area is sufficient along the
southern property line at 15286 Edgewater Circle NE.
FINANCIAL
IMPACT:
The approval of the easement vacation will eliminate redundant and
unnecessary easements.
ALTERNATIVES: 1. Motion and a second to approve a resolution approving the vacation of
drainage and utility easements located along the southern property line
at 15286 Edgewater Circle NE.
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 DRAINAGE & UTILITY EASEMENTS
LOCATED AT 15286 EDGEWATER CIRCLE NE
Motion By: Second By:
WHEREAS,
WHEREAS,
Gerold Brothers Homes (‘Applicant’), on behalf of the property owners Mark and
Heidi Ohlmann, has submitted a petition for the vacation of drainage and utility
easements located along the southern property line at 15286 Edgewater Circle NE;
and
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 those certain drainage and utility easements created within the plat of
MARTINSON ISLAND SECOND ADD’N, Scott County, Minnesota, which lie 10.00
feet northerly of and 10.00 feet southerly of, and parallel with, the northerly line of
Lot 2, Block 1, of said plat, which lies northerly of the following described line:
beginning at the northeast corner of Lot 2, said Block 1; thence North 76 degrees 04
minutes 20 seconds West a distance of 256 feet, more or less, to the shore line of
Prior Lake and there terminating. For the purposes of this description, the northerly
line of said Lot 2 is assumed to have a bearing of North 72 degrees 45 minutes 57
seconds West. (PID 250710031); and
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, July 10, 2017, in the Council
Chambers at Prior Lake 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 10.00-foot easement shall be granted for drainage and utility purposes so the
existing drainage and utility easements dedicated on the plat of Martinson Island
Second Addition and legally described above are no longer necessary for the
maintenance of public utilities or any other public purpose.
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.
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3. Approval is conditional upon granting of a new drainage and utility easement as described
below:
An easement for drainage and utility purposes over, under and across a strip of land 10.00
feet in width, the southerly line of which is described as follows: Beginning at the northeast
corner of Lot 2, Block 1, MARTINSON ISLAND SECOND ADD’N, Scott County, Minnesota,
thence North 76 degrees 04 minutes 20 seconds West a distance of 256 feet, more or less,
to the shore line of Prior Lake and there terminating. For the purposes of this description, the
northerly line of said Lot 2 is assumed to have a bearing of North 72 degrees 45 minutes 57
seconds West. The northerly line of said strip to be lengthened or shortened as required to
commence on the easterly line of Lot 1, said Block 1 and terminate at the shore line of Prior
Lake. (PID 250710031)
4. The approval resolution vacating the drainage and utility easement shall be recorded by the
Applicant.
5. Pursuant to Minnesota Statues 462.358, the following described public easement is hereby
vacated:
Legal Description (Vacated Drainage & Utility Easement Area):
That part of those certain drainage and utility easements created within the plat of
MARTINSON ISLAND SECOND ADD’N, Scott County, Minnesota, which lie 10.00 feet
northerly of and 10.00 feet southerly of, and parallel with, the northerly line of Lot 2, Block 1,
of said plat, which lies northerly of the following described line: beginning at the northeast
corner of Lot 2, said Block 1; thence North 76 degrees 04 minutes 20 seconds West a distance
of 256 feet, more or less, to the shore line of Prior Lake and there terminating. For the
purposes of this description, the northerly line of said Lot 2 is assumed to have a bearing of
North 72 degrees 45 minutes 57 seconds West. (PID 250710031)
Passed and adopted by the Prior Lake City Council this 10th day of July 2017
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
General Location Map
15286 Edgewater Circle NE
Subject
Property