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Home My WebLink About07(A) - Resolution Approving the Vacation of a Drainage, Utility and Trail Easement on Outlot I, Pike Lake Landing (PID 255550620) City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 CITY COUNCIL AGENDA REPORT ITEM: 7A MEETING DATE: February 27, 2024 PREPARED BY: Casey McCabe, Community Development Director PRESENTED BY: Casey McCabe AGENDA ITEM: Resolution Approving the Vacation of a Drainage, Utility and Trail Easement on Outlot I, Pike Lake Landing (PID 255550620) RECOMMENDED ACTION: Motion and second approving a resolution to vacate a drainage, utility and trail easement on Outlot I, Pike Lake Landing (PID 255550620). BACKGROUND: Scott County acquired property north of CH42 and in the early 2010s completed a project to extend CH21 from CH42 north into Shakopee. Prior to selling remnant portions of right of way to a developer to be included in the Pike Lake Landing subdivision, Scott County granted the City of Prior Lake an easement for drainage, utility and trail purposes over the subject property in July 2018. The easement was granted to complete the future construction of a pedestrian underpass. A pedestrian tunnel was installed and buried under CH21 when the construction project to expand CH21 from CH42 north was completed with the assumption the pedestrian tunnel would be available at a later date when development in the area occurred. Current Circumstances Parkhaven Holdings, LLC, the owner of Outlot I, Pike Lake Landing, is requesting the city vacate the approximate 10,200 square foot drainage, utility, and trail easement to allow for more commercial buildable area on the parcel. City staff support the easement vacation request as staff does not believe the pedestrian underpass would provide the same benefit today as was anticipated when it was partially installed in the early 2010s. When the pedestrian tunnel was installed, the YMCA occupied a building on the west side of CH21 and operated a youth camp on the east side of CH21. It was anticipated several children may need access across CH21 to connect these two uses; however, the YMCA is no longer occupying their building nor operating the youth camp. Planners had anticipated more residential and commercial development in this area several years ago. Since then, the SMSC has acquired property in this area and decided to preserve and maintain the natural state of some of the land so the anticipated development, including the extension of North Berens Road, are unlikely to occur. In addition, the preliminary designs and related cost for the completion of the underpass required more land and a greater financial investment than was originally anticipated which resulted in staff not feeling the investment required would be worthwhile when considering the limited use the tunnel may receive. State Statute 462.358 Subd.7 allows for the governing body of a municipality to vacate any publicly owned easement which is not being used in the same manner as vacation proceedings are conducted for streets, alleys, and other public ways. This process involves the City Council holding a public hearing and reviewing the disposal as it relates to compliance with the Item 7A Page | 2 Comprehensive Plan. Upon proper notification, State Statute 462.358 allows the Council to vacate easements by resolution. The statute also states, “no vacation shall be made unless it appears to be in the public interest to do so.” The Comprehensive Plan does not address the proposed underpass trail connection and does not specifically discuss utility easements, other than as a function of ensuring access to public utilities. The vacation of this easement is not inconsistent with any specific goal or objective of the Comprehensive Plan. The easement was granted for the purpose of a future pedestrian trail connection. As a result of the City not pursuing the underpass construction, the existing easement is not necessary and can be vacated. FINANCIAL IMPACT: Funding was provided from the City for the installation of the underpass during the CH21 construction. By not pursuing completion of the tunnel, at an estimated cost of $800,000 to $1 million, the City will not be incurring additional costs related to the completion of the pedestrian tunnel. ALTERNATIVES: 1. Motion and a second approving a resolution vacating a drainage, utility and trail easement on Outlot I, Pike Lake Landing. 2. Motion and a second to deny the vacation of drainage, utility and trail easement on Outlot I, Pike Lake Landing. 3. Motion and a second to table action and continue discussion at a future meeting. ATTACHMENTS: 1. Location Map 2. Easement Vacation Exhibit 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 24-___ RESOLUTION PROVIDING FOR THE VACATION OF A DRAINAGE, UTILITY, AND TRAIL EASEMENT ON OUTLOT I, PIKE LAKE LANDING (PID 255550620) Motion By: Second By: WHEREAS, WHEREAS, Parkhaven Holdings, LLC (the “Property Owner”) has submitted a petition for the vacation of a drainage, utility and trail easement on Outlot I, Pike Lake Landing (PID 255550620); and 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 (Drainage, Utility, and Trail Easement): That part of the West 465 feet of the North Half of the Southwest Quarter of Section 23, Township 115, Range 22, Scott County, Minnesota, EXCEPTING the West 340.79 feet of the South 512.00 feet (as measured at right angles) of said North Half of the Southwest Quarter. ALSO EXCEPTING the North 600 feet of the West 465 feet of said North Half of the Southwest Quarter. Which lies easterly of Parcel 4, Scott County Right of Way Plat No. 58, Scott County, Minnesota, according to the record plat thereof, on file in the Office of the County Recorder, in and for Scott County, Minnesota. Which lies south of the following described line: Commencing at the southeast corner of Parcel 4, Scott County Right of Way Plat No. 58, Scott County, Minnesota, according to the record plat thereof, on file in the Office of the County Recorder, in and for Scott County, Minnesota; thence northerly, along the easterly line of said Parcel 4, a distance of 91.95 feet along a non-tangential curve concave to the west having a radius of 2034.86 feet, a central angle of 02 degrees 35 minutes 20 seconds, a chord distance of 91.94 feet, and a chord bearing of North 04 degrees 16 minutes 03 seconds East; thence North 46 degrees 37 minutes 43 seconds East, along a southeasterly line of said Parcel 4, a distance of 71.87 feet to the beginning of the line to be described; thence South 88 degrees 50 minutes 03 seconds East a distance of 27.68 feet, more or less, to the east line of the West 465 feet of the North Half of the Southwest Quarter of Section 23, Township 115, Range 22, and said line there terminating; and 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 Tuesday, February 27, 2024 in the Council Chambers at City Hall, 4646 Dakota Street SE; and 2 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, the City Council finds the existing drainage, utility and trail easement is not necessary and can be vacated. 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 City Council finds that the easement vacation has no relationship to the comprehensive municipal plan. 4. A two-thirds vote is required for approval by the City Council if the Planning Commission review of the proposed disposal as to compliance with the Comprehensive Plan is dispensed with. 5. Review by the Planning Commission of the easement vacation is hereby dispensed with, the vacation of easement is hereby approved, and staff are authorized and directed to execute all documents and take all appropriate measures to vacate said easement. 6. The approval resolution vacating the easement shall be recorded at the Scott County Recorder’s Office. 7. Pursuant to Minnesota Statues 462.358, the following described public easement is hereby vacated: Legal Description (Vacated Drainage, Utility, and Trail Easement): That part of the West 465 feet of the North Half of the Southwest Quarter of Section 23, Township 115, Range 22, Scott County, Minnesota, EXCEPTING the West 340.79 feet of the South 512.00 feet (as measured at right angles) of said North Half of the Southwest Quarter. ALSO EXCEPTING the North 600 feet of the West 465 feet of said North Half of the Southwest Quarter. Which lies easterly of Parcel 4, Scott County Right of Way Plat No. 58, Scott County, Minnesota, according to the record plat thereof, on file in the Office of the County Recorder, in and for Scott County, Minnesota. Which lies south of the following described line: Commencing at the southeast corner of Parcel 4, Scott County Right of Way Plat No. 58, Scott County, Minnesota, according to the record plat thereof, on file in the Office of the County Recorder, in and for Scott County, Minnesota; thence northerly, along the easterly line of said Parcel 4, a distance of 91.95 feet along a non-tangential curve concave to the west having a radius of 2034.86 feet, a central angle of 02 degrees 35 minutes 20 seconds, a chord distance of 91.94 feet, and a chord bearing of North 04 degrees 16 minutes 03 seconds East; thence North 46 degrees 37 minutes 43 seconds East, along a southeasterly line of said Parcel 4, a distance of 71.87 feet to the beginning of the line to be described; thence South 88 degrees 50 minutes 03 seconds East a distance of 27.68 feet, more or less, to the east line of the West 465 feet of the North Half of the Southwest Quarter of Section 23, Township 115, Range 22, and said line there terminating. 3 Passed and adopted by the Prior Lake City Council on a two-thirds majority this 27th day of February 2024. VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager