HomeMy WebLinkAbout8A - Water Main Easement, Lot 94, Northwood
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
CITY COUNCIL AGENDA REPORT
JANUARY 19, 1999
8A
JENNITOVAR,PLANNER
GREG ILKKA, CITY ENGINEER
PUBLIC HEARING TO CONSIDER APPROVAL OF
RESOLUTION 99-XX APPROVING THE VACATION OF A
DEDICATED WATER MAIN EASEMENT LOCATED ON LOT
94, NORTHWOOD
DISCUSSION: History: This petition is part of the City's effort to
clear-up questionable easements within the City. As the situation
exists, the City has a water main easement and separate sanitary sewer
easement on Lot 94, Northwood. The existing water main is located
within the water main easement, however, it is not centered in the
easement. This is a problem for the City, since we would have to work
within the easement should the line need repair or replacement. It
would be very difficult to work on the water main and remain in the
existing easement.
Additionally, the property owner intends to construct a garage
addition. A permit has been issued with the proposed garage located
on a portion of the existing water main easement. The permit was
issued with the intent of the City to correct the easement situation on
the lot. Mr. Nelson is willing to grant the City the proper easement (IS
foot centered over the existing water main) at no cost to the city, as
part of this vacation. After such dedication, the proposed garage will
not be located on any easement.
Current Circumstances: The Planning Commission reviewed this
vacation request on December 15, 1998. The Planning Commission
adopted Resolution 98-035PC approving proposed vacation with the
condition a new easement be granted. The Planning Commission is of
the opinion there is no public need for the incorrect easement, as the
proper easement will be granted and the vacation is consistent with the
Comprehensive Plan. The applicant concurred with the staff report
and recommendation of the Planning Commission.
162b't)sg~g~'gSC~~~~-At~\?~~~~'Pi-?gr Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fa!(~H) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
The Issues: Minnesota Statutes 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 vacation of the existing water main easement and granting of the
proper water main easement will be in the public interest. Any future
maintenance on this portion of the water main should be accessed
within the proposed easement. Hence, future maintenance of the pipe
should not disturb the owners' property outside of the easement
resulting in possible financial costs to the City and public.
Conclusion: The proposed vacation is in the best public interest with
the condition the proper easement be granted.
The City Council has three alternatives:
1. Adopt Resolution 99-XX approving the vacation as requested.
2. Deny Resolution 99-XX.
3. Defer this item and provide staff with specific direction.
Staff recommends Alternative #1. A motion and second to approve
Resolution 99-XX approving the vacation of the water main easement
located on Lot 94, Northwood, with the specific condition that a 15
foot easement be granted as stated in the resolution.
1:\98files\98vac\98-158\98158cc.doc
Page 2
RESOLUTION 99-XX
REQUEST TO VACATE A WATER MAIN EASEMENT LOCATED ON LOT 94,
MOTION BY: SECOND BY:
WHEREAS, a petition for the vacation of a water main easement has been duly presented to the City
of Prior Lake, signed by the owners of the property containing the described easement in
Exhibit A and situated in the City of Prior Lake, Scott County; 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 Tuesday, January 19, 1999, 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 were 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 water main
easement would be in the public interest.
NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to
Minnesota Statutes 412.851, the previously dedicated water main easement legally described and shown on
attached Exhibit A and situated in the City of Prior Lake, Scott County, Minnesota is to be vacated with
the following conditions:
1. A 15 foot utility easement, centered over the existing water main be granted to the city from the property
owner (Lee Nelson). Attached is Exhibit B indicating the legal description of such property.
2. The documentation relating to this vacation and granting of the proper easement be recorded within 60
days of approval or the vacation will be null and void.
Passed and adopted this 19th day of January, 1999.
YES
NO
MADER MADER
KEDROWSKI KEDROWSKI
PETERSEN PETERSEN
SCHENCK SCHENCK
WUELLNER WUELLNER
Frank Boyles, City Manager
City of Prior Lake
{Seal}
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
1:\98fi1es\98vac\98-158\rs99-xx.doc AN EQUAL OPPORTUNITY EMPLOYER Page 1
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A'15 foot pcrmclncn t cascm0.llt [or suni tary SC\'Jer purr>oscs
. over, under and across Lot 94 according to the plat of NorUl\.:Oocl
on' file in" the offic0 of the County Recorder, Scott County,
Minnesota, lying 7.50 feet on each side of the following des-
cribed Line A:
Together with a temporary construction easement ~~er,
under and across that part of said Lot 94 lying 25. ~Q.~~e~t
on each side of the above described Lines A and B. .~~~
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PARTIES OF INTEREST .. ". .: .Do. _.
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Minnesota Federal Savings (. Loan $ ~ :~; i.!...
County of Scott 0 0" (()".'Q
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Commencing at the northeast corner of Lot 112,
said plat of Northwoodi thence South 03 degrees 41
mi~utes 13 seconds East, assumed bearing, along
the east line of said Lot 112 a distance of 246.15
feet; thence South'89 degrees 31 minutes 14 seconds
West 193.22 feet more or less to the easterly line
of Lot 108, said plat of Northwobd; thence North
19 degrees 28 minutes 46 seconds West along said
- eas~erly line 98.60.feet; thence South 63 degrees
47 minutes 38 seconds West 199.00 feet; thence South
02 degrees 20 minutes 04 seconds West 175.09 feet;
thence South 67 degrees 44 minutes 07 seconds West
'185.09 feet; thence South 58 degrees .24 minutes 33
seconds West 161.15 feet; then'ce North 81 degrees
45 minutes 27 seconds West 56.05 feeti thence South
55 degrees 48 minutes 48 seconds West 35.00 feet to
the easterly line of said Lot 94 and the point of
beginning of said Line A; thence continuing South
55 degrees 48 minutes 48 se~onds West 50.00 feet
more or less to the westerly line of said Lo~ 94 and
said Line A there ~erminating.
Together with a permanent easement for water. main over,
under and across that part of said Lot 94 lying 7.50 feet
on each side of the following described Line B:
Commencing at the northwest corner of Lot 91,
said plat of Northwoodi thence South 30 degrees
52 minutes 16 seconds East, assumed bearing, along
the westerly line of said Lot 91 a distance of 202.14
feeti thence North 63 degre~s 15 minutes 19 seconds
... East 77-..79 feet; then~e North 65 degrees 11 minutes
32 seconds E'ast '72.00 feet more or less - to the westerly
line of said Lot 94 and the'point of beginning of said
Line Bi thence continuing North.65 degrees 11 minutes
32 seconds,East 50.00 feet and said Line B there ter-
minating.
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Said temporary easements expire July 1, 1978.
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Land SUNeyors
Planners
--~ d EXHIBIT B
Valley Surveying Co., P. A.
September 17. 1998
Suite 230
16670 Franklin Trail S.E.
Prior Lake, Minnesota 55372
(612) 447-2570
Easement description prepared for:
City of Prior Lake, Engineering Dept.
16200 Eagle Creek Avenue SE
Prior Lake, MN. 55372
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SEP 2 1 1998
Att'n: Verlyn Raaen
Re: Watermain easement description on Lot 94, Northwood.
DESCRIPTION:
An easement to construct, oper(ite,maintain and repair a public watermain over. under
and across that part of Lot 94, NORTHWOOD, Scott County, Minnesota, described as
follows:
A strip ofland 15,00 feet in width the centerline of which is described as follows:
Commencing at the most westerly comer of said Lot 94; thence South 31 degrees 30
minutes 51 seconds East assumed bearing along the southwesterly line of said Lot 94, a
distance of219.06 feet to the point of beginning of the centerline to be described; thence
North 61 degrees 43 minutes 42 seconds East to the northeasterly line of said Lot 94, and
there terminating. The sidelines of said easement shall be shortened or extended as
required to provide a full 15,00 foot wide easement across said Lot 94.
'.,
. Add condition the tenants cannot operate afternoon session until,
signed and wall noise issues addressed.
-~
MOTION BY VONHOF, SECOND BY CRIEGO, TO ~ MMEND CITY COUNCIL
APPROVE THE CUP WITH SPECIFIC CONDITI01jS' AS PRESENTED,
INCLUDING STAFF RECOMMENDATION WJjIeiI INCLUDE THE FIVE
PROVISIONS IN THE STAFF REPORT ~'THE ADDITIONAL TWQt::::t:::::::.:...
PROVISIONS, INCLUDING THE NOISE~ATEMENT TO PREVENilWNOlSE
COMING FROM THE UNIT AND 1J!EP ARKING LOT IS APPR21lt-TEL Y
SIGNED. THESE IMPROVEME~S MUST BE MADE PRIOR)I10 A!iY:..
ACTMTIES BETWEEN Tm;;g;OO P.M. AND 5 :00 P.M. TIME!:PERIOnl::!::t\::..
::i::::fi~~:::::n~~ .~
5. "::::~:~r:~:~:~:::::~:~::::"
:. Case #98-158 LeeNelsonOf16085~~gthevaeationOf
an easement for water :::~::::::~::::ated od:::':t:~~:'4~ NO~J'P6"d.
Planner Jenni Tovar pres~:Bf~a:lHgtti~g Rep'8r dated December 15, 1998, on file in
the office ofthe Pl2~:Directo~:;::;i'.:I::::i:i ':::::!IIII.:ii:::::::/>
This petition is patf'o"f!;~:I!:::::Pt,xili~::::$!9n::~JR:J~:!sm~up easements within the City. As the
situation exists, the City Hii::::i::}'-yater".ffiKiH:::d@bnent and separate sanitary sewer easement
on Lot 94, 1'{gU1UYQ.gd. It w8.i.l~lJ:)e very difficult to work on the water main and remain
in the,:::~:~~p.J~:::e~ijWj_~j:::t::::. .':::{::::::::il!.:III::lii:::~:r:f::.
Th,:S:~~tP'perty owner int~~~: to corlS'truct a garage addition. A permit has been issued with
th~r::p.l9PH~ed garage lod~!,d on a portion of the existing water main easement. The
permif'Wmtissued with ql~f intent of the City to correct the easement situation on the lot.
Mr. NelsdH::1.~:::willing ~9:::fant the City the proper easement as part of this vacation. After
such dedicanai~:J!ll:~Ji.i6posed garage will not be located on any easement.
Vonhof questi~~II:::~; 15 feet was a common width for utility easements. Sue McDermott
responded the watermain is usually a minimum of 8 feet deep with the width
approximately twice the depth. Fifteen feet is adequate.
Comments from the public:
Applicant, Lee Smith, 16058 Northwood Road was present but declined comment.
1:\98fi1es\98plconun\pcmin\121598.doc
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Comments from the Commissioners:
Criego:
. Sees no problem with the proposed resolution. Recommend approval.
The meeting adjourned at 7:20 p.m.
Donald Rye
Director of Planning.
I:\98files\98p1connn\pcrnin\I 2 I 598.doc
5
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-,
RESOLUTION 98-035PC
RESOLUTION RECOMMENDING THE VACATION OF A WATER MAIN
EASEMENT LOCATED ON LOT 94, NORTHWOOD
MOTION BY:
CRIEGO
SECOND BY:
VONHOF
WHEREAS, the Planning Commission of Prior Lake has considered the
vacation of a water main easement on the property located in Lot
94, Northwood; 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 water main easement.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PRIOR
LAKE, recommends to the City Council that the previously dedicated water main
easement legally described and shown on attached Exhibit A, be vacated with
the following conditions:
1. A 15 foot utility easement, centered over the existing water main be granted
to the city. Attached is Exhibit B indicating the legal description of such
property.
2. The documentation relating to his vacation and granting of the proper
easement be recorded within 60 days of approval or the vacation will be null
and void.
Passed and adopted this 15th day of December, 1998.
Anthony Stamson, Chair
ATTEST:
Don Rye, Planning Director
~:\98EILES\98VAC198-158\RES98035,DOC Page 1
16200 Eagfe CreeK Ave, S.E" Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER