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HomeMy WebLinkAbout07(B) - Consider Vacating a Portion of a Drainage and Utility Easement at 17776 Meadows Way SE Report ITEM: 7B 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 17776 Meadows Way SE 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 a vacation of a portion of a drainage and utility easement at 17776 Meadows Way SE. BACKGROUND: The purpose of this agenda item is to hold a public hearing to consider a request by Brendan Woolsey, the property owner, to vacate a portion of a drainage and utility easement located within the rear yard of 17776 Meadows Way SE. 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 17776 Meadows Way SE 2. Motion and a second to deny the vacation of drainage and utility easements at 17776 Meadows Way SE 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. 17776 Meadows Way SE Property Survey 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 17776 MEADOWS WAY NW Motion By: Second By: WHEREAS, Brendan Woolsey (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 17776 Meadows Way SE. 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 6, MEAOWS OF CLEARY LAKE; 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. 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 6, MEADOWS OF CLEARY LAKE; 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 Mi ssi onTrlSEM e a dows Way SE MissionTrlSET r a ilh e a d L n S E 12 44 87 23 211770 71 68 27 15 79 10 17776 MEADOWS WAY SE Use Location Map ¯ X:\Planning\Location Map\Location Map Template\Location Map Template.aprx 0 300 Feet City of Prior Lake Planning Department Subject Property