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Home My WebLink About7C Haven Ridge 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: APRIL 16, 2018 AGENDA #: 7C PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION APPROVING THE VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED ON OUTLOT C, HAVEN RIDGE FIRST ADDITION DISCUSSION: Introduction The purpose of this agenda item is to consider a request by M/I Homes to vacate a drainage and utility easement located within Outlot C of the Haven Ridge First Addition Plat. The property is located at the southwest corner of the intersection of Wildflower Way and Crownline Drive, east of CSAH 18. History On September 17, 2017 the Haven Ridge First Addition plat was approved by the City Council, which included Outlot C. The outlot was granted with a proposed drainage and utility easement over the entire parcel. Current Circumstances A portion of Outlot C is proposed for incorporation into Lot 17 of the Haven Ridge South plat, therefore the previously approved easement area must be modified to allow for the proposed building pad on Lot 17. The necessary public easement to replace this current easement area will be dedicated on the final plat of Haven Ridge South on Lot 17; therefore, the drainage and utility easements dedicated to the public previously are no longer necessary. As required by Minnesota 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, Minnesota 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 (Haven Ridge South) will dedicate a new easement area in accordance with proper grading and drainage plans for the residential development. Therefore, City Staff recommends approval of the easement vacation request assuming that no new substantive information is offered during the public hearing. 2 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 property? 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 Haven Ridge South will dedicate the necessary drainage and utility coverage for the residential development of this area. Public Need No public need will be present since the final plat of the Haven Ridge South will dedicate the necessary drainage and utility easements for this area. Since the approval of the Haven Ridge South Final Plat will dedicate the necessary replacement public easement, the approval of this requested easement vacation on Outlot C, Haven Ridge First Addition is contingent on Haven Ridge South Final Plat approval. FINANCIAL IMPACT: The approval of the easement vacation will eliminate a redundant easement for title purposes and allow for the residential development of Lot 17 in the proposed Haven Ridge South plat. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the vacation of a portion of a drainage and utility easement located on Outlot C, Haven Ridge First Addition. 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 3. Haven Ridge First Addition Plat 4. Haven Ridge South Plat 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-___ RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED ON OUTLOT C, HAVEN RIDGE FIRST ADDITION Motion By: Second By: WHEREAS, WHEREAS, M/I Homes (the “Owner”) has submitted a petition for the vacation of drainage and utility easement within Outlot C, Haven Ridge First Addition; 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): All parts of a drainage and utility easement lying over, under, and across that part of Outlot C, HAVEN RIDGE FIRST ADDITION, Scott County, Minnesota of said plat described as follows: Beginning at the southeast corner of said Outlot C; thence on an assumed bearing of North 89 degrees 23 minutes 52 seconds West, along the south line of said Outlot C, a distance of 118.51 feet; thence North 00 degrees 36 minutes 08 seconds East, a distance of 17.13 feet; thence North 85 degrees 11 minutes 51seconds East, a distance of 118.20 feet to the east line of said Outlot C; thence southerly a distance of 28.27 feet along said east line, and along a non-tangential curve concave to the east, having a radius of 700.00 feet, a central angel of 02 degrees 18 minutes 52 seconds and a chord bearing of South 01 degrees 06 minutes 24 seconds East to the point of beginning (PID 255320500) 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, April 16, 2018, 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 easement for drainage and utility purposes will be dedicated as part of the final plat for Haven Ridge South, 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 contigent on the approval of the Haven Ridge South Final Plat and shall be recorded along with the final plat of Haven Ridge South. 4. Pursuant to Minnesota Statues 462.358, the following described public easement is hereby vacated: Legal Description (Vacated Drainage & Utility Easement Area): All parts of a drainage and utility easement lying over, under, and across that part of Outlot C, HAVEN RIDGE, Scott County, Minnesota of said plat described as follows: Beginning at the southeast corner of said Outlot C; thence on an assumed bearing of North 89 degrees 23 minutes 52 seconds West, along the south line of said Outlot C, a distance of 118.51 feet; thence North 00 degrees 36 minutes 08 seconds East, a distance of 17.13 feet; thence North 85 degrees 11 minutes 51seconds East, a distance of 118.20 feet to the east line of said Outlot C; thence southerly a distance of 28.27 feet along said east line, and along a non-tangential curve concave to the east, having a radius of 700.00 feet, a central angel of 02 degrees 18 minutes 52 seconds and a chord bearing of South 01 degrees 06 minutes 24 seconds East to the point of beginning. (PID 255320500) Passed and adopted by the Prior Lake City Council this 16th day of April 2018 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager CR E S T A V N E Scott County GIS Ü Outlot C, Haven Ridge First AddnVacation Location Map LO WER PRIO R LAKE GD (904) PIKE LA KE NE(820.5) MYS TIC LA KE NE HAA S LA KE NE(907.3) Scott County GIS SUBJECT PROPERTY SUBJECTPROPERTY