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HomeMy WebLinkAbout07(A) - Resolution Vacating a Drainage and Utility Easement Located Between Lot 1 and Lot 2, Block 2, Gateway Shores Report ITEM: 7A CITY COUNCIL AGENDA REPORT MEETING DATE: October 27, 2026 PREPARED BY: Casey McCabe, Community Development Director PRESENTED BY: Casey McCabe AGENDA ITEM: Resolution Vacating a Drainage and Utility Easement Located Between Lot 1 and Lot 2, Block 2, Gateway Shores RECOMMENDED ACTION: Approval of a resolution vacating a drainage & utility easement located between Lot 1 and Lot 2, Block 2, Gateway Shores. BACKGROUND: Jack and Mary Haugen have submitted a petition for the vacation of a drainage & utility easement along the common lot line between Lots 1 & 2, Block 2, Gateway Shores. The Haugens own both parcels; Lot 1 is addressed 4824 Adrian Circle SE and Lot 2 does not have an assigned address. The existing garage, in-ground pool and deck are constructed over the drainage and utility easement along the shared property line between Lots 1 and 2; however, the City of Prior Lake does not have record of this easement being vacated. Current Circumstances The purpose of this action is to formally vacate the drainage & utility easement along the common lot line between Lots 1 & 2, Block 2, Gateway Shores. There are no existing municipal utilities in the easement area and City staff does not see a need to utilize this easement in the future. Conclusion The City’s decision to grant or deny a vacation is legislative in character. Therefore, the City Council must decide that the proposed vacation is “in the interest of the public”. If the City concludes that this portion of drainage & utility easement is no longer needed for a public reason, then vacating it can be deemed to be in the interest of the public. City Code Sec. 2-232 states no interest in real property shall be disposed of by the City until after the Planning Commission has reviewed the proposed disposal and reported in writing to the City Council its findings as to compliance of the proposed disposal with the Comprehensive Plan. The City Council may, by resolution adopted by two-thirds vote, dispense with the requirements of this subsection when in its judgment it finds that the proposed disposal of real property has no relationship to the Comprehensive Plan. The attached resolution, which requires two-thirds vote, includes a City Council finding that the proposed drainage & utility easement vacation has no relationship to the comprehensive municipal plan and dispenses of the requirement for review by the Planning Commission. FINANCIAL IMPACT: No financial impact is anticipated. City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 7A Page | 2 ALTERNATIVES: 1. Motion and second to approve the resolution vacating a drainage & utility easement located between Lot 1 and Lot 2, Block 2, Gateway Shores. 2. Motion and second to deny the resolution approving the vacation of a drainage & utility easement located between Lot 1 and Lot 2, Block 2, Gateway Shores. 3. Provide direction to staff and the applicant and table this item to a future meeting date. ATTACHMENTS: 1. Location Map 2. Gateway Shores Plat Excerpt Gateway Shores Plat Excerpt Proposed D&U Easement to be Vacated 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 26-___ RESOLUTION APPROVING THE VACATION OF A DRAINAGE & UTILITY EASEMENT LOCATED BETWEEN LOT 1 AND LOT 2, BLOCK 2, GATEWAY SHORES Motion By: Second By: WHEREAS, Jack and Mary Haugen (the “Applicant”) have submitted a petition for the vacation of a drainage & utility easement along the common lot line between Lots 1 & 2, Block 2, Gateway Shores; and WHEREAS, 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): A strip of land twenty (20) feet in width for drainage and utility purposes, lying within the recorded plat of Gateway Shores, Scott County, Minnesota, being ten (10) feet in width on each side of the common lot line between Lot 1 (PID 250910060) and Lot 2 (PID 250910070), Block 2 of said Gateway Shores; 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, October 27, 2026 by the Prior Lake City Council in the Council Chambers at Prior Lake 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, the City Council found the drainage & utility easement is not 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 drainage & utility easement would be in the public interest. 3. The City Council finds that the vacation of said drainage & utility easement has no relationship to the comprehensive municipal plan. 4. A four-fifths majority is required for approval by the City Council of Prior Lake if the Planning Commission review was dispensed with. 5. Review by the Planning Commission of the drainage & utility easement vacation is hereby dispensed with, the vacation of easement is hereby approved, and staff are authorized and directed to execute all documents as necessary and take all appropriate measures to vacate said drainage & utility easement. 6. The approval resolution vacating the drainage & utility easement shall be recorded at the Scott County Recorder’s Office. 7. Pursuant to Minnesota Statues 462.358, the following described drainage & utility easement is hereby vacated: Legal Description (Vacated Drainage & Utility Easement): A strip of land twenty (20) feet in width for drainage and utility purposes, lying within the recorded plat of Gateway Shores, Scott County, Minnesota, being ten (10) feet in width on each side of the common lot line between Lot 1 and Lot 2, Block 2 of said Gateway Shores. th Passed and adopted by the Prior Lake City Council this 27 day of October 2026. VOTE Briggs Braid Churchill Lake Hellier Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________ Jason Wedel, City Manager 2 Location Map 4824 & n/a Adrian Circle SE PIDs 250910060 & 250910070) Proposed D&U Easement to be Vacated