HomeMy WebLinkAbout07(A) - Consider Vacating a Portion of a Drainage and Utility Easement at 1563 Belmont Avenue NW Report
ITEM: 7A
CITY COUNCIL AGENDA REPORT
MEETING DATE: June 06, 2022
PREPARED BY: Jeff Matzke, Planner
PRESENTED BY: Jeff Matzke
AGENDA ITEM: Consider Vacating a Portion of a Drainage and Utility Easement at 1563
Belmont Avenue NW
GOAL AREA Desirable & Sustainable Development
OBJECTIVE: 4. Encourage development and preservation of quality life-cycle residential
housing options.
RECOMMENDED ACTION:
Motion and second to approve a resolution for vacation of a portion of a drainage and utility
easement at 1563 Belmont Avenue NW
BACKGROUND:
The purpose of this agenda item is to hold a public hearing to consider a request by Nickolas
Moonen, the property owner, to vacate a portion of a drainage and utility easement located within
the rear yard of 1563 Belmont Avenue.
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.”
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 is not inconsistent with
any specific goal or objective of the Comprehensive Plan. No public need will be present as
dedicated easements will remain for the necessary lot.
FINANCIAL IMPACT:
No Impact.
ALTERNATIVES:
1. Motion and a second to approve a resolution approving the vacation of drainage and utility
easements at 1563 Belmont Avenue NW
2. Motion and a second to deny the vacation of drainage and utility easements at 1563
Belmont Avenue NW
3. Motion and a second to table action and direct staff to provide additional information
specifically requested by the City Council.
ATTACHMENTS:
1. Location Map
2. Easement Vacation Sketch
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 22-___
RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF A DRAINAGE &
UTILITY EASEMENT AT 1563 BELMONT AVENUE NW
Motion By: Second By:
WHEREAS, Nickolas Moonen (the “Applicant”), the property owner, has submitted a petition for
the vacation of a portion of a drainage and utility easement within the rear yard of
1563 Belmont Avenue NW. 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):
Commencing at the southwest corner of said Lot 3, Block 3, BELMONT ESTATES;
thence North 04 degrees 39 minutes 30 seconds West, assumed bearing along the
West line of Said Lot 3, a distance of 66. 35 feet to the Westerly extension of the
North line of the originally dedicated drainage and utility easement; thence North 89
degrees 29 minutes 02 seconds East, a distance of 5.01 feet to a line that is 5.00
feet Easterly of and parallel to said West line and the point of beginning; thence
South 04 degrees 39 minutes 30 seconds East, parallel with said West line, a
distance of 56.38 feet to a line that is 10.00 feet Northerly of and parallel to the South
line of said Lot 3; thence South 89 degrees 40 minutes 58 seconds East, parallel to
said South line, a distance of 96.28 feet to a line that is 5.00 feet West of and parallel
to the East line of said Lot 3; thence North 02 degrees 34 minutes 40 seconds West,
parallel to said East line, a distance of 57.67 feet to the North line of the originally
dedicated drainage and utility easement ; thence South 89 degrees 29 minutes 02
seconds West, along said North line, a distance of 98.27 feet to the point of
beginning.
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, June 6, 2022, 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, Applicable deeded easements for drainage and utility purposes are in place, so the
existing drainage and utility easements 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.
3. Drainage improvements shall be installed and completed prior to issuance of pool
permit.
4. Grading permit is required for this work.
5. Provide record drawings of drainage improvement installation once complete.
6. Maintenance agreements shall be recorded at Scott County prior to commencing drainage
improvements.
7. Pursuant to Minnesota Statues 462.358, the following described public easement is
hereby vacated:
Legal Description (Vacated Drainage & Utility Easement Area):
Commencing at the southwest corner of said Lot 3, Block 3, BELMONT ESTATES; thence North
04 degrees 39 minutes 30 seconds West, assumed bearing along the West line of Said Lot 3, a
distance of 66. 35 feet to the Westerly extension of the North line of the originally dedicated
drainage and utility easement; thence North 89 degrees 29 minutes 02 seconds East, a distance
of 5.01 feet to a line that is 5.00 feet Easterly of and parallel to said West line and the point of
beginning; thence South 04 degrees 39 minutes 30 seconds East, parallel with said West line, a
distance of 56.38 feet to a line that is 10.00 feet Northerly of and parallel to the South line of said
Lot 3; thence South 89 degrees 40 minutes 58 seconds East, parallel to said South line, a distance
of 96.28 feet to a line that is 5.00 feet West of and parallel to the East line of said Lot 3; thence
North 02 degrees 34 minutes 40 seconds West, parallel to said East line, a distance of 57.67 feet
to the North line of the originally dedicated drainage and utility easement ; thence South 89
degrees 29 minutes 02 seconds West, along said North line, a distance of 98.27 feet to the point
of beginning.
th
Passed and adopted by the Prior Lake City Council this 6 day of June 2022.
VOTE Briggs Thompson Braid Burkart Churchill
Aye
☐ ☐ ☐ ☐ ☐
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager
2
B e l m o n t Ave N W
12
77
42
44
27
21
87
16
23
15
18
82
78
17
79
70
83
14
1563 BELMONT AVE NW
Use
Location Map
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Feet
City of Prior Lake
Planning Department
Subject Property