HomeMy WebLinkAbout07(A) - Resolution Approving Vacation a Drainage and Utility Easement at 16080 Simms Court SE Report
ITEM: 7A
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 1, 2023
PREPARED BY: Jeff Matzke, Planner
PRESENTED BY: Jeff Matzke
AGENDA ITEM: Resolution Approving Vacation a Drainage and Utility Easement at
16080 Simms Court SE
RECOMMENDED ACTION:
Motion and second to approve a resolution to vacate a drainage and utility easement at 16080
Simms Court SE
BACKGROUND:
The purpose of this agenda item is to hold a public hearing to consider a request by Timothy and
Shelly Dusek, the property owners, to vacate a portion of a drainage and utility easement located
within the rear yard of 16080 Simms Court 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.
The easement was granted in 2019 for drainage and utility purposes along with the residential
subdivision plat. During the construction of the home at 16080 Simms Ct. the as-built survey
showed that additional flood storage was provided on the property. As a result of the additional
flood storage provided a portion of the existing easement is not necessary for the City and can be
vacated to allow their retaining walls to be removed from the easement area. The property owner
has also granted a new drainage and utility easement area to the City. Therefore, the existing
easement area proposed for vacation is no longer necessary.
FINANCIAL IMPACT:
No Impact.
ALTERNATIVES:
1. Motion and a second to approve a resolution approving the vacation of drainage and
utility easements at 16080 Sims Court SE
2. Motion and a second to deny the vacation of drainage and utility easements at 16080
Simms Court SE
3. Motion and a second to table action and direct staff to provide additional information
specifically requested by the City Council
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
Item 7A
Page | 2
ATTACHMENTS:
1. Location Map
2. Easement Vacation Exhibit
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 23-___
RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF
DRAINAGE & UTILITY EASEMENT AT 16080 SIMMS COURT SE
Motion By: Second By:
WHEREAS, Timothy and Shelly Dusek (the “Applicant”), has submitted a petition for the
vacation of a drainage and utility easement within the rear yard at 16080 Simms
Court SE (PID 255460040). 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):
Vacation of a portion of the existing drainage and utility easement as described
and recorded per Scott County Document Number A1138948 within Lot 4 , Block
1, CARDINAL OVERLOOK ADDITION, according to the record plat thereof, Scott
County, Minnesota described as follows:
Commencing at the southeast corner of said Lot 4, Block 1, CARDINAL
OVERLOOK ADDITION; thence on an assumed bearing of North 14 degrees 52
minutes 00 seconds East, along the easterly line thereof, a distance of 38.46 feet
to the point of the beginning of said portion of the existing easement to be vacated;
thence continuing North 72 degrees 24 minutes 48 seconds West a distance of
10.17 feet; thence North 43 degrees 08 minutes 23 seconds West a distance of
63.21 feet; thence South 25 degrees 39 minutes 42 seconds West a distance
16.37 feet; thence South 41 degrees 04 minutes 41 seconds East a distance of
64.57 feet; thence South 89 degrees 44 minutes 03 seconds East a distance of
9.33 feet; thence North 29 degrees 59 minutes 51 seconds East a distance of
16.49 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, May 1, 2023, 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 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. This Resolution vacating a portion of the drainage and utility easement at 16080 Simms
Court SE shall not be recorded until an as-built survey has been submitted confirming the
portion of a retaining wall located within the 10 ft. drainage and utility easement along the
southern property line has been removed; and, all City costs have been reimbursed per
the Encroachment Agreement dated October 21, 2022. This Resolution shall be
considered null and void if this condition has not been complied with by June 15, 2023.
4. Pursuant to Minnesota Statues 462.358, the following described public easement is
hereby vacated:
Legal Description (Vacated Drainage & Utility Easement):
Vacation of a portion of the existing drainage and utility easement as described and recorded per
Scott County Document Number A1138948 within Lot 4 , Block 1, CARDINAL OVERLOOK
ADDITION, according to the record plat thereof, Scott County, Minnesota described as follows:
Commencing at the southeast corner of said Lot 4, Block 1, CARDINAL OVERLOOK ADDITION;
thence on an assumed bearing of North 14 degrees 52 minutes 00 seconds East, along the
easterly line thereof, a distance of 38.46 feet to the point of the beginning of said portion of the
existing easement to be vacated; thence continuing North 72 degrees 24 minutes 48 seconds
West a distance of 10.17 feet; thence North 43 degrees 08 minutes 23 seconds West a distance
of 63.21 feet; thence South 25 degrees 39 minutes 42 seconds West a distance 16.37 feet; thence
South 41 degrees 04 minutes 41 seconds East a distance of 64.57 feet; thence South 89 degrees
44 minutes 03 seconds East a distance of 9.33 feet; thence North 29 degrees 59 minutes 51
seconds East a distance of 16.49 feet to the point of beginning.
st
Passed and adopted by the Prior Lake City Council this 1 day of May 2023.
VOTE Briggs Braid Burkart Churchill Lake
Aye
☐ ☐ ☐ ☐ ☐
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager
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EASEMENT VACATION EXHIBITDRAINAGE AND UTILITY EASEMENT VACATION DESCRIPTION
(CARDINAL OVERLOOK ADDITION)
Vacation of a portion of the existing drainage and utility easement as described and recorded per Scott County Document Number A1138948 within Lot 4,
Block 1, CARDINAL OVERLOOK ADDITION, according to the record plat thereof, Scott County, Minnesota described as follows:
Commencing at the southeast corner of said Lot 4, Block 1, CARDINAL OVERLOOK ADDITION; thence on an assumed bearing of North 14 degrees 52
minutes 00 seconds East, along the easterly line thereof, a distance of 13.31 feet; thence South 89 degrees 14 minutes 42 seconds West a distance of
10.24 feet; thence North 72 degrees 24 minutes 48 seconds West a distance of 38.46 feet to the point of beginning of said portion of the existing
easement to be vacated; thence continuing North 72 degrees 24 minutes 48 seconds West a distance of 10.17 feet; thence North 43 degrees 08 minutes
23 seconds West a distance of 63.21 feet; thence South 25 degrees 39 minutes 42 seconds West a distance of 16.37 feet; thence South 41 degrees 04
minutes 41 seconds East a distance of 64.57 feet; thence South 89 degrees 44 minutes 03 seconds East a distance of 9.33 feet; thence North 29
degrees 59 minutes 51 seconds East a distance of 16.49 feet to the point of beginning.