HomeMy WebLinkAbout7A Trillium Cove 2nd Addition Easement Vacation ReportPhone 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 17, 2018
AGENDA #:
PREPARED BY:
7A
JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
AGENDA ITEM:
GOAL AREA AND
OBJECTIVE:
DISCUSSION:
PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION
APPROVING THE VACATION OF A DRAINAGE AND UTILITY
EASEMENT LOCATED WITHIN TRILLIUM COVE 2ND ADDITION
Desirable and Sustainable Development
4. Encourage Development and Preservation of Quality Life-Cycle
Residential Housing Options.
Introduction
The purpose of this agenda item is to consider a request by Pulte Homes
Inc. to vacate a drainage and utility easement located along the lot
boundaries of 10 residential lots within the Trillium Cove 2nd Addition Plat
residential development.
History
On July 16, 2018 the Trillium Cove 2nd Addition plat was approved by the
City Council along with public drainage and utility easements along the
boundary of the lots. The easements were dedicated for the purpose of
maintaining a drainage and utility areas for the plat and surrounding area.
Current Circumstances
The necessary public easements to replace this current easement area were
dedicated on the final plat of Trillium Cove 3rd Addition (approved by the City
Council on September 4, 2018); therefore, the drainage and utility
easements dedicated to the public previously 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.”
Conclusion
The City no longer has a public need for the easements as the new plat
(Trillium Cove 3rd Addition) has dedicated new easements in accordance
with the approved grading and drainage plans for the low density residential
2
ISSUES:
FINANCIAL
IMPACT:
development. Therefore, City Staff recommends approval of the easement
vacation request.
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 these easements are not inconsistent with any specific goal or objective
of the Comprehensive Plan. The new plat of Trillium Cove 3rd Addition has
dedicated the necessary drainage and utility coverage for the development.
Public Need
No public need will be present since the final plat of the Trillium Cove 3rd
Addition has deeded the necessary drainage and utility easements for this
area.
The approval of the easement vacation request will eliminate
redundant easements for title purposes due to the platting of the
Trillium Cove 3rd Addition plat.
ALTERNATIVES: 1. Motion and a second to approve a resolution approving the vacation of
drainage and utility easements located within Trillium Cove 2nd 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
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 18-___
RESOLUTION PROVIDING FOR THE VACATION OF DRAINAGE & UTILITY EASEMENTS
LOCATED WITHIN TRILLIUM COVE 2ND ADDITION
Motion By: Second By:
WHEREAS, Pulte Homes Inc. (the “Developer”) has submitted a petition for the vacation of
drainage and utility easements along the boundaries of residential lots within the
Trillium Cove 2nd Addition. The petition has been duly presented to the City of Prior
Lake 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 drainage and utility easements as dedicated and contained within all of Block 5
and Block 6, Trillium Cove 2nd Addition, according to the recorded plat thereof, Scott
County, Minnesota.
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 17, 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, New publicly deeded easements for drainage and utility purposes will be dedicated
as part of the final plat for Trillium Cove 3rd Addition, so the existing drainage and
utility easement is 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.
3. The approval resolution vacating the drainage and utility easement shall be recorded by the
Developer along with the final plat of Trillium Cove 3rd Addition.
4. Pursuant to Minnesota Statues 462.358, the following described public easement is hereby
vacated:
2
Legal Description (Vacated Drainage & Utility Easement Area):
All drainage and utility easements as dedicated and contained within all of Block 5 and Block
6, Trillium Cove 2nd Addition, according to the recorded plat thereof, Scott County, Minnesota.
Passed and adopted by the Prior Lake City Council this 17th day of September 2018.
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐☐ ☐ ☐ ☐
Absent ☐☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
140TH ST NE
BLUEBIRD TRL NEFISHER AV NEDOVE CT NEFERNDALE AV NESH O R E T R L N E
RAVEN CT NEASH CIR NEAMBLEWOOD DR NEMEADOWLAWN TRL NELower Prior LakeScott County GIS
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Trillium Cove 2nd Addition
Easement Vacation
Location Map
UPPER PRIOR LAKEGD(90 4)
SPRING LAKEGD(91 2.8 )
LOWER PRIOR LAKEGD(90 4)
PI KELAKENE(82 0.5 )
MYSTICLAKENE
HAASLAKENE(90 7.3 )
BLINDLAKERD(94 8.7 )
ARTICLAKENE(90 6.7 )
MARK LEYLAKERD( )
HOWARD LAK ENE(95 7.3 )
CRYSTAL LA KENE(94 3.3 )
RICE LAKENE(94 5)
CLEARY LAKENE
CAMPB ELLLAKENE(No t Es ta b. )
Scott County GIS
SUBJECT
PROPERTY
SUBJECT
PROPERTY