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Home My WebLink About8B - Waterfrom Passage Addition MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT OCTOBER 19, 1998 8B d( JENNI TOVAR, PLANNER-.J)c DON RYE, PLANNING DIRECTOR PUBLIC HEARING TO CONSIDER APPROVAL OF RESOLUTION 98-XX APPROVING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT LOCATED IN LOTS 1 AND 2, BLOCK 1, WATERFRONT PASSAGE ADDITION Historv: This petition is part of a land transaction between the EDA and Gary Horkey, d.b.a Keyland Homes. Mr. Horkey is in the process of purchasing an additional half acre of land from the city to be' combined with his existing parcel, thereby creating a 2.14 acre parcel. The administrative subdivision was approved in August. This vacation will remove an existing utility and drainage easement located between the existing lot and the lot to be combined. The combined lot with the vacation will accommodate a future addition to the Keyland Homes building. Drainage and utility easements will be granted on the newly created lot lines as part ofthe land transaction. The Planning Commission reviewed this vacation request on September 28, 1998. The Planning Commission adopted Resolution 98-028PC recommending approval of the proposed vacation. The granting of the additional easements, on the property being purchased, was a condition of the administrative subdivision. Current Circumstances: There are no utilities located in the easement to be vacated. Since additional easements will be granted, which will encompass the entire parcel after the land transaction is completed, there is no need for the City to have a claim to this easement. The vacation of the easement will make the proposed future addition to Keyland Homes' property easier to accomplish when the time comes. The Issues: State Statute 412.851 allows the Council to vacate easements or right-of-way by resolution. The statute states that "no such vacation shall be made unless it appears to be in the public interest to do so". The existing drainage and utility easement is used for primarily for drainage. Considering the proposed land transaction and the granting 1:\98files\98vac\98-124\98124cc.doc Page 1 16200 Eagle Creek Ave. S.L, Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: 1:\98fi1es\98vac\98-124\98124cc.doc of drainage and utility easements on the property to be combined with this parcel, there is no public interest in maintaining the easement. Conclusion: The proposed vacation is consistent with the Comprehensive Plan and is in the public interest. On this basis, the staff recommends approval of the vacation ofthe drainage and utility easement. Bud~et ImDact: There is no budget impact with the approval of this request. Vacating the easement will facilitate the construction of an addition to the existing building which will add to the City's tax base. The City Council has three alternatives: 1. Adopt Resolution 98-XX approving the vacation as requested. 2. Deny Resolution 98-XX. 3. Defer this item and provide staffwith specific direction. Conduct the public hearing. If no new information is offered, make a motion and second to approve Resolution 98-XX approving the vacation of a portion ofthe drainage and utility easement located in Lots 1 and 2, Block 2, Waterfront Passage Addition. Frank Boy anager Page 2 RESOLUTION 98-XX RESOLUTION PROVIDING FOR T.I::1E V ACA TION OF A PORTION OF DRAINAGE AND UTILITY EASEMENTS LOCATED ON LOTS 1 AND 2, BLOCK 2, WATERFRONT PASSAGE ADDITION BY: SECOND BY: WHEREAS, a petition for the vacation of drainage and utility easements has been duly presented to the City of Prior Lake, signed by the owners of the property abutting the following described easement situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: A 40.00 foot easement for drainage and utility purposes lying over, under and across part of Lots I and 2, Block 2, as delineated and dedicated on Waterfront Passage Addition, according to the recorded plat thereof, Scott County, Minnesota. The center line of said easement is described as follows: Commencing at the Southeast comer of said Lot 2; thence on an assumed bearing of North 00 degrees 10 minutes 44 seconds East, along the East line of said Lot 2, a distance of 20.00 feet to the point of beginning of said center line; thence continuing North 00 degrees 10 minutes 44 seconds East, along said East line, a distance of 188.00 feet and there terminating; and WHEREAS, notice of the hearing on said petition 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, October 19, 1998, at 7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1; and WHEREAS, the City Council then proceeded to hear all persons interested in said petition and persons interested afforded the opportunity to present their views and objections to the granting of said petition; and WHEREAS, the City Council of Prior Lake has determined that the vacation of said drainage and utility easement would be in the public interest. NOW THEREFORE, BE IT RESOLVED BY T.I::1E CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statues 412.851, the above described drainage and utility easement situated in the City of Prior Lake, Scott County, Minnesota is hereby vacated. BE IT FURTHER RESOLVED that this Resolution will be forwarded to the Office of the County Recorder, Scott County, for appropriate action. .J:\98fite,s\98vac\98-12.fus9Bxxcc.doc; Page I 16200 Eagle creek Ave. ~.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Passed and adopted this 19th day of October, 1998. {Seal} 1:\98files\98vac\98-124\rs98xxcc.doc YES MADER KEDROWSKI PETERSEN SCHENCK I WUELLNER MADER KEDROWSKI PETERSEN SCHENCK WUELLNER Frank Boyles, City Manager City of Prior Lake NO Page 2 . ; ~~ ~NE~ RESOLUTION 98-028PC RESOLUTION RECOMMENDING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED ON LOTS 1 AND 2, BLOCK 2, WATERFRONT PASSAGE ADDITION MOTION BY: CRIEGO SECOND BY: KUYKENDALL WHEREAS, the Planning Commission of Prior Lake has considered the vacation of drainage and utility easements on the property located in Lots 1 and 2 Block 2, Waterfront Passage Addition; and WHEREAS, the Planning Commission has determined that the proposed vacation is compliant with the Comprehensive Plan; and WHEREAS, the Planning Commission has determined that there is not a public need for the drainage and utility easements. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PRIOR LAKE, recommends to the City Council that the previously dedicated drainage and utility easements legally described and shown on attached Exhibit A, be vacated. Passed and adopted this 28th day of September, 1998. An6;~~~ ATTEST: ~Q.~ ~e Kansier, Planning Coordinator 16200 Ea:~~Jl~Je~~~~Y.~~~rf~r\~~e~~fn8ri~s<6g 55372-1714 / Ph. (612) 447-4230 / Fax (6f~a47-4245 AN EQUAL OPPORTUNITY EMPLOYER EXHIBIT A -- .~ '-~ '- c ' ~"( >~"d - ~ , , ,~~;.. '>- '" "..~ " ,f"--" M~CO,,- TOTAL AREA ~ ../ &'. " /"ll.. a .orl ,-",>.-., ""v.~ ~.~ ~a..~ .,.;>1 I "~, 7 I ,-< ~ ~ / f.. a ", 8.~1 " 18'\ , ~ 1f!;!!1 I /5' , iIl " N , , ' , ~ / I , , 'b~' 4&',:s.-- . -::;=... '1.... " " " ...,., ''''' ~, .."oJ>/ \, /...J~, "'>0' .~ '/ , '/ Ii! , '''".' Y ';:, UTILITY", DRAINAGE /' _------ /0 ',,,, _/-::;' EASEMENT PER PLAT"'::::, z " ---- / ~ ", 1 " --- / ,~.J-1 ", ~ ',', _ /// / ,o~ -")~-:'\"'\ ""~" ''Z ~ ^...~1'5J,: - I I -1 ".. ..vv -- I ~ '-" _ ',"0... , oS t:. 5~'oO /' / '(.,) IC' ','" , 1 ~>. _ --"-7P." 65 ,- ...L - - - - <', " .... ';<..",19. ~ - -. ~ - - 105.10 58'''.'04"[ - -2i7.00- - --- ' " "-1~ I~!i! "'"'" -.;C~ 5.2'30 56 " :-. ~ lJ \" I~:i / '~ " 4.., SoS.~, \ ~ )~ / "'6'<~~:.~ .,"1 "" ~ / / ':""',,- S. I '~/, , II- c ::: ,:>.. lor 'I /.a;S> " "j 'b I '~I 1""\/'1,' "'t'b' I~.... / ,q I r , L"jL.VVI' 'v,! /,' r 8 I _-:::,,-UTILlTY '" DRAINAGE _- EASTERL Y EXT. OF THE ~.,' III L / / EASEMENT PER PLAT"',~" /- NORTH LINE OF LOT 2 /...:,~ / ~ - - sgg;-.(g;i6-f - - 410.52 - 17"#.-7 ff ~~ ;.,.,(' ___.-1 '1 : 33,' r~-..i---~~'LQE.b.9L2::=:;;.Jr'~~I~ /\ ICC;1">- ;0' 1 '/ ~ r / \', r I ~ 8 I / , 1-8 ... ".1%. \ ", ' Il..'~ 1 cd I N W as J 0 Y".... \.. " \ ' ~ C\l I- N, . ~ "I 0 C\l I ,oARctt. gIN I ~ ~ ---PROPOSED DRAINAGE ~~. '~UTILITY '" DRAINAGE lQ I ... 120201 v;: / AND UTlUTY EASEMENT \~. EASEMENT PER PLAT r" ..; ~ I '2. 0 fg;!"l1 A ~ \"" \ "!:: f-- ; I , '0\ ~ 1:g~;'J ~ \: ~ q b I". I- 1-:0.1 ~. '0> I N~-' I b I ~ I,'SV, ~ --","m ,., m CO" ~ : ~-i llihol SECOR.OFLOT2~~~ /-\~l\ I%~ //- \: !'>() I '. L----------__:...~_4i:::L-,,-~. _,L.________________~ , 8 ~ '<' 20.00-"~".li_- Inn'., .;'/ '56.00 ~ \ ~ III ~-':' N89.49'16"W 410.52' """,~- '-. S89.4916 E 253.48 --- ,~- N89'26'39'W 320.00 2422 [......,........ "'"PROPOSED DRAINAGE AND MM"'. H.......... 50120 UTlUTY EASEMENT VACATlON (812) 881-1114 rAX:881-lHeI I I PARCEL B DESCRIPTION SKETCH FOR: KEYl,AND HOMES PARCEL A 93,599 sq. ft. 2.14 acres 593,544 sq. ft. 13.63 acres 687,143 sq. ft. 15.77. acres '-1" i'i' -1 ">- -") 1 (", "- <,/"'Jr-, 11,,<.:'; I'J~ '-'I 1">- ~ 1 \. f .... .... * PJaNDA ~ .nglneerlng .... .* ~ 97506.01 S\\1< ..... .....-- ..... -- ..- "'-. ..-., _ltCll ~2,l~:OJ5~~'C. (812) 7U-1811O rAX:7U-11I83 SCALE: 1 INCH = 100 FEET LEGAL DESCRIPTION PARCa A Lot 2, Block 2. WATERFRONT PASSAGE ADDITION. Scoll County, Minnesoto together with that part of Lot 1. sold Block 2. described as follaws: Beginning at the southeast corner of Lot 2, Block 2, of sold plat; thence North 00 degrees 10 mlnutos 44 soconds East plat boaring olong ths oast lino of sold Lot 2. a distance of 228.00 feet to tho northeast comer of sold Lot 2; thence South 89 degrees 49 minutes 16 aeCOfld, East along the easterly extension of the north line of said Lot 2. 0 distonce of 100.52 foot; thenco South 00 d09roos 10 mlnutos 44 seconds West a distance of 228.00 feet to the intersection with the south line of said Lot 1; thence North 89 degrees 49 minutes 16 seconds West along the sold south line. a distance of 100.52 feet to the point of beginninll' PROPOSED LEGAL DESCRIPTION PARCEL B Lot I, Black 2. WATERFRONT PASSAGE ADDITION. Scott County, t.linnesota except that part at soid lot 1 described as follows: 8eglnning at the southeast corner of Lot 2. Black 2, of sold plat; then co North 00 degrees 10 minutes 44 seconds East plot bearing 010n9 the east line of sold Lot 2, a distance of 228.00 feet to tho northeast comer of soid Lot 2; thenco South 89 degrees 49 minutes 16 seconds East olong the easterly extension of the north line of sold Lot 2, a distance of 100.52 foet; thence South 00 degroes 10 minutes 44 seconds West a distance of 228.00 feet to the intersection with the south line of sold Lot 1; thence North 89 degrees 49 minutes 16 seconds West along tho lold south line, 0 dIstance of 100.S2 foot to the point of boglnnln9. PROPOSED DRAINAGE AND UnUTY EASGlENT VAeI. nON A 40.00 rOOT EASEIo4ENT rOR DRAINAGE AND unuTY PURPOSES L YlNG D~. UNDER AND ACROSS PART OF LOTS 1 AND 2. BLOO< 2. AS DEUNEA TED AND DEDICATED ON WA TERfllONT PASSAGE AODmON. ACCORDING TO lHE RECOROED Pt.A T lHEREOF, SCOTT COUNTY, MINNESOTA. lHE CENTER UNE OF SAID EASEMENT IS DESCRIBED AS rou.ows: COIoIMENClNG AT lHE SOUlHEAST CORNER OF SAID LOT 2; lHENCE ON AN ASSUloIED BEARING OF NORT!' ,..- ..,c t.lINUTES 44 SECONDS EAST, ALONG lHE EAl,. _..... LOT 2, A DISTANCE OF 20.00 FEET TO lHE POINT OF BEGl~... OF SAID CENTER UNE: lHENCE CONnNUlNG NORlH 00 DEGREES 10 MINUTES 44 SECONOS EAST. ALONG SAID EAST UNE. A DISTANCE OF 188.00 FEET ANO lHERE TERMINA nNG. PROPOSED DRAINAGE ANO unuTY EASEIoIENT A 40.00 rOOT EASEMENT rOR DRAINAGE AND unuTY PURPOSES L YlNG O~. UNDER ANO ACROSS PART OF LOTS 1 AND 2, BLOO< 2. WATERfllONT PASSAGE AoomON, ACCORDING TO THE RECORDED PLAT lHEREOF, SCOTT COUNTY, MINNESOTA. THE CENTER UNE OF SAID EASEMENT IS DESCRIBED AS rou.ows: COIoIMENClNG AT lHE SOUlHEAST CORNER OF SAID LOT 2; THENCE 00 AN ASSUMED BEARING OF NORTH 00 DEGREES 10 MINUTES 44 SECONDS EAST, ALONG lHE EAST UNE OF SAID LOT 2, A DISTANCE OF 226.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 2. BEING THE POINT OF BEGINNING OF SAID CENTER UN(: lHENCE SOUTH Bg DEGREES 4g MINUTES 16 SECOODS EAST, ALONG lHE EASTERly EXTENSION OF THE NORTH UNE OF SAID LOT 2. A DISTANCE OF 100.52 FEET: lHENCE SOUlH 00 DEGREES 10 MINUTES 44 SECOODS llEST A DISTANCE OF 2211.00 FEET TO THE SOUTH UNE OF SAID LOT 1 AND lHERE TERMINA nNG. RE\IISED 7-14-98 WE HEREBY CERl1FY TO KEYLAND HOMES THAT THIS SURVEY. PLAN OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPER\IISlON, AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA, DAlEDrHIS ~ DAY OF ~~~ PIONEER ENGI/~R'5/'A. _______ . C . John C. Larson. cs:- Rog. No. 19828 j 5 EXHIBIT B SITE LOCATION . :::, w '" .... '" w ~ Il/ \~& ~~ ~'v q+ V If./ .< ~ ~, ~ ,~ ----- ~ ... rRANCIS SNELL " -I L .... '" .. W ~ W z :. I 500. I,' o .... N METROPOLITAN BOARD SEwER o on N :'.... \ : .......84.66 ~lP() ~14 66 ..._~. ~ , . : I ..736. IS.. , .' .~ , LAKE BAPTIST CHURCH Z641SD f.,tv 670.15 ;;; . o t- 0)':.-0 L~.I,' " CO. I'V<il WATEIlf'IONT ".S$~ AD OITIOM A 1.. 1- '. 12 8 '" fI- " - " j~i'~ I '0 ... - tio~-':' . ' I y~'~ . ~ I . \ . . 1 0') <q i-;,\P \j-' WAnRfRONT "...~ r<~."~' ADON