HomeMy WebLinkAbout5I - 150th ST. Easement Access
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
MAY 21,2007
51
STEVE ALBRECHT, DIRECTOR OF PUBLIC WORKS
CONSIDER APPROVAL OF A RESOLUTION MODIFYING THE 150TH STREET
EASEMENT ACCESS AGREEMENT
AGENDA ITEM:
DISCUSSION:
Introduction
The purpose of this agenda item is to add a condition to the previously approved
150th Street Easement Access Agreement.
Historv
On May 7, 2007, the City Council approved the Vetter Settlement and the 150th
Street Easement Access Agreement.
Current Circumstances
Prior to executing the Agreement the property owner at 5788 150th Street has
requested that the City allow them to install landscaping in the existing easement
based on the settlement agreement with the Vetter's. For six years the property
owner has maintained the easement area as a clear zone and permitted the City
to utilize his driveway. The settlement with the Vetter's permits the landscaping to
remain until the License Agreement is removed on the Vetter side of the property
line. The neighboring property owner requests that they be allowed to place
landscaping/split rail fence in the easement with the stipulation that at their own
cost the landscaping/split rail fence be subject to removal upon expiration of the
licensing Agreement or in accordance with the Vetter agreement.
ISSUES: There are no issues related to this request staff believes it is appropriate to treat
the adjacent neighbors consistently.
FINANCIAL Adding this stipulation to the agreement will not result in additional costs to the
IMPACT: City.
ALTERNATIVES: The alternatives are as follows:
1. Approve a resolution adding the landscaping stipulation to the 150th Street
Easement Access Agreement.
2. Deny this item for a specific reason and provide Staff with direction.
3. Table this item until some date in the future.
RECOMMENDED Alternative 1
MOTION:
www.cityofpriorlake.com
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
RESOLUTION 07 -xx
A RESOLUTION AUTHORIZING MODIFICATION OF THE 150TH STREET LIFT STATION
EASEMENT ACCESS AGREEMENT
WHEREAS
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Motion By: Second By:
The City currently operates a lift station on 150th Street located between 5780 and 5788
150th Street; and
On May 7,2007, the City Council approve an Easement Agreement with the property
owner at 5788 150th Street regarding the existing easement; and
The City Council also approve a settlement agreement with the property owner of 5780
150th Street which permitted landscaping and a fence to remain until expiration of the
agreement; and
Because of the agreement with the Vetter's the property owner at 5788 150th Street
have requested permission to install landscaping and a split rail fence in the easement
area conditioned on removal at the property owners cost as stipulated in the license
agreement for the property at 5780 150th Street or in accordance with the terms of that
licensing agreement; and
City Staff has determined that this does not pose additional costs or undue burden on
the City.
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. Staff is authorized to amend the agreement to stipulate that landscaping may be placed but is
subject to removal in accordance with the licensing agreement with the owners of the property
located at 5780 150th Street.
PASSED AND ADOPTED THIS 21st DAY OF MAY 2007.
YES
NO
Haugen Haugen
Erickson Erickson
Hedberg Hedbera
leMair leMair
Millar Millar
Frank Boyles, City Manager
R\CouncillAgenda Reports\2007\05 21 07\Dennehy Easement Resolution.doc
www.cityofpriorlake.com
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