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Home My WebLink About7B 3613 Cove Point Circle NW 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: SEPTEMBER 18, 2017 AGENDA #: 7B PREPARED BY: PRESENTED BY: AMANDA SCHWABE, PLANNER JEFF MATZKE, PLANNER AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION VACATING A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED AT 3613 COVE POINT CIRCLE NW WITIHIN THE JEFFERS POND 8TH ADDITION PLAT DISCUSSION: Introduction Kelly Johnson, on behalf of the property owner Jeffers Foundation, has requested the vacation of a portion of a drainage and utility easement located on Lot 9, Block 2, Jeffers Pond 8th Addition. This site is located at 3613 Cove Point Circle NW . History On August 24, 2015, the Jeffers Pond 8th Addition was approved by City Council (30 residential lots). A 10-foot drainage and utility easement exists along the northerly lot line of Lot 9, Block 2 and the southerly lot line of Lot 8, Block 2. Both lots are vacant today. Current Circumstances The applicant would like to convey Lot 9, Block 2 for the construction of a residence. An existing 10-foot drainage and utility easement borders the side property line of this lot. A storm sewer main exists within the easement along the property line between Lots 8 and 9. The applicant is requesting to reduce the drainage and utility easement from 10 feet to 8 feet on Lot 9, Block 2 to allow the proposed residence to be placed on the lot without the overhang section of the roof eave encroaching on the existing easement. The applicant has deeded an additional 2 feet of drainage and utility easement on Lot 8, Block 2 which will maintain the original, platted easement width of 20 feet between the 2 lots (Scott County Document #A1025534). 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 and hearing, 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 ISSUES: FINANCIAL IMPACT: Upon consultation with engineering staff and review of available drawings, the existing storm sewer main appears to have been installed on the property line between the lots therefore, the reduction of the easement width on the north side of Lot 9, Block 2 should not negatively impact the ability to access or maintain the storm sewer main. The applicant has dedicated an additional 2 feet of drainage and utility easement area which maintains the original, platted easement width of 20 feet between the two lots. City Staff recommends approval of the easement vacation request. Minnesota State Statutes 462.358 allow for the vacation of a utility easement in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. Minnesota State Statutes 412.851 govern the vacation of streets, alleys, public grounds and public ways in statutory cities. The city’s decision to grant or deny a vacation is legislative in character. Therefore, the City Council must make a decision that the proposed vacation is “in the interest of the public”. If the City concludes that this portion of the public right-of-way is no longer needed for a public reason, then vacating it can be deemed to be in the interest of the public. Approval of the requested vacation should not have any negative financial impacts on the City. ALTERNATIVES: 1.Conduct the public hearing and then make a Motion and second to approve a resolution approving the vacation of a portion of a drainage and utility easement on Lot 9, Block 2, Jeffers Pond 8th Addition. 2.Conduct the public hearing and if new substantive information is provided make a Motion and second to deny the resolution based on findings to support denial. 3.Table this item to a certain date in the future. RECOMMENDED MOTION: Alternative #1. ATTACHMENTS: 1.General Location Map 2.Resolution 3.Illustrative Sketch of Easement Area (Lot 9, Block 2) 4.Illustrative Sketch of Additional Easement Area (Lot 8, Block 2) 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-___ RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF A DRAINAGE & UTILITY EASEMENT LOCATED AT 3613 COVE POINT CIRCLE NW Motion By: Second By: WHEREAS, WHEREAS, Kelly Johnson (‘Applicant’), on behalf of the property owner Jeffers Foundation, has submitted a petition for the vacation of a portion of a drainage and utility easement located along the north property line at 3613 Cove Point Circle NW ; and The petition has been duly presented to the City of Prior Lake, signed by the owner of the property situated in the City of Prior Lake, Scott County, Minnesota to wit: Legal Description (Vacated Drainage & Utility Easement Area): The south 2.00 feet of the north 10.00 feet of Lot 9, Block 2, JEFFERS POND EIGHTH ADDITION, according to the recorded plat thereof, Scott County, Minnesota, except the west 20.00 feet and the east 10.00 feet of said Lot 9. 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, September 18, 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, An additional 2.00-foot easement for drainage and utility purposes on Lot 8, Block 2 has been recorded as Document #A1025534 in the Office of the County Recorder, Scott County which maintains a 20-foot easement width between the lots 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. 3. The approval resolution vacating the drainage and utility easement shall be recorded by the Applicant. 4. Pursuant to Minnesota Statues 462.358, the following described public easement is hereby vacated: 2 Legal Description (Vacated Drainage & Utility Easement Area): The south 2.00 feet of the north 10.00 feet of Lot 9, Block 2, JEFFERS POND EIGHTH ADDITION, according to the recorded plat thereof, Scott County, Minnesota, except the west 20.00 feet and the east 10.00 feet of said Lot 9. Passed and adopted by the Prior Lake City Council this 18th day of September 2017 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager C O V E P O I N T C I R N W J E F F E R S P K W Y N WPARKVIEW L N N W Jeffers Wildlife Pond Scott County GIS Ü 3613 Cove Point Circle NW Easement Vacation Location Map LOWER PRIOR LAKE GD (904) PIKE LAKE NE(820.5) MYSTIC LAKE NE HAAS LAKE NE(907.3) ARTIC LAKE NE(906.7) HOWARD LAKE NE (957.3) Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY