HomeMy WebLinkAbout9A - 4500 Lords Street Easement
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
FEBRUARY 6, 2006
9A
STEVE ALBRECHT, DIRECTOR OF PUBLIC WORKS
CONSIDER APPROVAL OF A RESOLUTION INITIATING THE VACATION
OF A PORTION OF THE ROADWAY EASEMENT LOCATED ON 4500
LORDS STREET
DISCUSSION:
Introduction
The purpose of this agenda item is for the City Council to initiate vacation of a
portion of the existing roadway easement on 4500 Lords Street.
H istorv
Roger and Susan Ferguson own property located at 4500 Lords Street. In
1963, a roadway easement was granted to Eagle Creek Township for Lords
Street across their property by a previous owner. Recently the Ferguson's
were denied a variance to allow a 5-foot setback to the existing roadway
easement. At the January 17'h City Council Meeting Staff was directed to work
with the Ferguson's to determine whether a portion of the roadway easement
could be vacated.
Current Circumstances
The Ferguson's requested that City staff review the existing roadway
easement and plat to the south to determine whether a portion of the roadway
easement can be vacated. A survey prepared by the Ferguson's surveyor was
submitted to the City providing additional information regarding the Lords
Street roadway easement. Staff met with Mr. Ferguson on January 26th and
determined that a portion of the existing easement could be vacated with the
following conditions:
1) No portion of the roadway easement be less than 50 feet in width.
2) The vacated roadway easement is retained as drainage and utility
easement to accommodate existing utilities on the property.
3) The Ferguson's convey additional roadway and drainage easements on
the east end of their property to the City for future roadway
construction.
The Ferguson's have verbally agreed to work with staff to satisfy these
conditions and to modify their house design so that with the vacation no
variance to the roadway easement setback will be needed. The Ferguson's
request that the City Council initiate the vacation of the roadway easement.
The Public Hearing for this item is tentatively scheduled for the March 6, 2006
City Council Meeting.
ISSUES:
Minnesota Statutes 412.851 allows the City Council to initiate by motion the
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vacation of any easements or right-of-way. A motion to initiate the vacation
will refer this matter to the Planning Commission and allow the staff to
schedule a public hearing at the City Council. In addition, this action will
eliminate the need for the property owners to file a petition and pay the
application fee.
CONCLUSION:
The staff recommends the City Council initiate the vacation of the easement.
The above listed conditions will be agreed to and any additional issues
identified during the review process.
ALTERNATIVES:
1. Adopt a resolution initiating the vacation of a portion of the existing
roadway easement on the Ferguson Property at 4500 Lords Street.
2. Deny this agenda item for a specific reason and provide staff with
direction.
3. Table this item to a certain date in the future.
RECOMMENDED
MOTION:
Staff recommends alternative number 1.
yles, City Manager
CONSIDER APPROVAL OF A RESOLUTION INITIATING THE VACATION OF A PORTION OF THE
ROADWAY EASEMENT LOCATED ON 4500 LORDS STREET
Motion By:
Second By:
WHEREAS, The City Council directs staff to initiate the vacation for a portion of the roadway
easement located on the property at 4500 Lords Street legally in accordance with
Minnesota Statutes 412.851; and
WHEREAS, The vacated roadway easement will be retained as a drainage and utility easement;
and
WHEREAS, No portion of the remaining roadway easement shall be less than 50 feet in width; and
WHEREAS, The owners of the property at 4500 Lords Street will agree to grant the City roadway
and drainage easements on their property to facilitate future roadway reconstruction.
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. A public hearing is hereby scheduled for March 6, 2006 at 7:30 p.m. to consider the vacation of a
portion of the roadway easement located at 4500 Lords Street.
PASSED AND ADOPTED THIS 6th DAY OF FEBRUARY, 2006.
Hauaen Hauaen
Dornbush Dornbush
Erickson Erickson
LeMair LeMalr
Millar Millar
YES
NO
Frank Boyles, City Manager
www.cityofpriorlake.com
Phone 952.440.9675 / Fax 952.440.9678