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Home My WebLink About7B- 3442 Sycamore Trail MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT MAY 17, 1999 7B JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR =<1-11..- PUBLIC HE G TO CONSIDER APPROVAL OF RESOLUTION 99- VACATING A BLANKET EASEMENT LOCATED ON 3442 SYCAMORE TRAIL History: In November, 1992, the property owner at 3442 Sycamore Trail filed a registration proceeding for this property with the District Court. At that time, the City raised an objection due to the existing utilities on the property. Rather than grant an easement over the existing utilities, the Court provided for a blanket, unrestricted easement over the entire property. The purpose of this vacation petition is to remove the unrestricted easement and to replace it with a defined utility easement. Current Circumstances: The Planning Commission reviewed this vacation request on May 10, 1999. The Planning Commission adopted Resolutions 99-04PC recommending approval of the proposed vacation. The Planning Commission determined there is not a public need for the entire blanket easement, as long as a specifically described easement is retained. The attached resolution includes a provision retaining an easement for the existing utilities. There is no public need for an unrestricted blanket easement over the entire property. 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 proposed vacation of the unrestricted easement is consistent with the Comprehensive Plan. Furthermore, there is no need for the City to maintain an unrestricted easement over the entire property. The described easement will adequately protect the City's interest in the existing utilities, and provides the necessary area for the maintenance of these utilities. l:\92.file&\99A'ac\9.9-023\92.o23c<;..doc P~ge 1 162uu Eagle LreeK Ave. ~.L, I-'rior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax \61L) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: Conclusion: The staff recommends approval of the vacation of the blanket, unrestricted easement, subject to the condition that an easement is retained over the existing utilities. The City Council has three alternatives: 1. Adopt Resolution 99-XX approving the vacation as requested and authorizing the Mayor and City Manager to execute the appropriate documents. 2. Deny Resolution 99-XX. 3. Defer this item and provide staffwith specific direction. Staff recommends Alternative #1. A motion and second to approve Resolution 99-XX approving the vacation of the blanket, unrestricted easement, subject to the condition that an easement is retained over the existing utilities. I: \99files\99vac\99-023\99023cc.doc Page 2 RESOLUTION 99--'B... ~Z RESOLUTION PROVIDING FOR THE VACATION OF A BLANKET, UNRESTRICTED EASEMENT LOCATED ON LOTS 12, 13 AND THE NORTH 1/2 OF LOT 14, MAPLEWOOD TOWNSITE BY: SECOND BY: WHEREAS, a petition for the vacation of a blanket, unrestricted utility easement 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: Lots 12, 13 and the North 1/2 of Lot 14, Maplewood Townsite; 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, May 17, 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 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 easement would be in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statues 412.851, the blanket unrestricted utility easement situated on the above described property in the City of Prior Lake, Scott County, Minnesota is hereby vacated, subject to the following condition: 1. A utility easement for the existing utilities on the property must be granted to the City. This easement is described as follows: That part of the platted roadway in the plat of Maplewood Townsite, Scott County, Minnesota, lying northwesterly of the following described line: Beginning at the southwest corner of Lot 8 of said plat; thence southwesterly to the southerly corner of Lot 12 of said plat and there terminating, and lying southwesterly of the northeasterly lot line of Lot 12, extended southeasterly to the last above described line, and there terminating. BE IT FURTHER RESOLVED that this Resolution will be forwarded to the Office of the County Recorder, Scott County, for appropriate action. 1:\99files\99vac\99-023\rs99xxcc.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute the court order effectuating the above described easement action. Passed and adopted this 17th day of May, 1999. YES NO MADER MADER KEDROWSKI KEDROWSKI PETERSEN PETERSEN SCHENCK SCHENCK WUELLNER WUELLNER Frank Boyles, City Manager City of Prior Lake {Seal} I :\99fi1es\99vac\99-023 \rs99xxcc.doc Page 2 -- --~~.__.. -- - --..... ~