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Home My WebLink About07(A) - Resolution Approving the Vacation of a Sanitary Sewer Easement at 4662 and 4664 Dakota Street SE Report ITEM: 7A CITY COUNCIL AGENDA REPORT MEETING DATE: November 12, 2025 PREPARED BY: Casey McCabe, Community Development Director PRESENTED BY: Casey McCabe AGENDA ITEM: Resolution Approving the Vacation of a Sanitary Sewer Easement at 4662 and 4664 Dakota Street SE STRATEGIC WELL MANAGED GROWTH PRIORITY: 1. 20,000 SF of new downtown commercial by 2026 2. 80+ new residential units downtown by 2027 RECOMMENDED ACTION: Approval of a resolution to vacate a sanitary sewer easement at 4662 and 4664 Dakota Street SE BACKGROUND: The Village \[City\] of Prior Lake was granted a 20-foot-wide perpetual sanitary sewer easement from three property owners in July 1959 to install an 8-inch clay sanitary sewer line in the rear yard of three parcels located at 4662, 4664, and 4666 Dakota Street. The easement documents were recorded on August 7, 1959 in the Office of the Register of Deeds, Scott Couty, Minnesota in Book 145 of Deeds, pages 421-423; 424-426; and 427-429. The 4662 and 4664 Dakota Street parcels are now owned by the City of Prior Lake Economic Development Authority (EDA). The EDA is requesting the vacation of the sanitary sewer easement to facilitate a redevelopment project. Current Circumstances The City of Prior Lake is considering the approval of a 105-unit mixed-use commercial and apartment building to be known as Cora Apartments. If approved, two existing single-family homes will be removed, making the sanitary sewer line and easement unnecessary. In addition, the future building is proposed to be constructed over the existing sanitary sewer easement so the easement must be vacated prior to construction. State Statute 462.358 Subd.7 allows the governing body of a municipality to vacate any publicly owned utility easement or any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. This process involves the city council holding a public hearing to review the disposal as it relates to compliance with the comprehensive plan. The comprehensive plan does not specifically discuss utility easements, other than as a function of ensuring access to public utilities. This easement is no longer necessary and the easement vacation is not inconsistent with any specific goal or objective of the comprehensive plan. Issues Section 2-232 of city code 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 of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 7A Page | 2 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 easement vacation has no relationship to the comprehensive municipal plan and dispenses of the requirement for review by the planning commission. The existing sanitary sewer easement will become unnecessary following the removal of the two existing single-family homes. The attached resolution directs staff to file the resolution with Scott County following the removal of the two homes. FINANCIAL IMPACT: No financial impact is anticipated as a result of this action. ALTERNATIVES: 1. Motion and a second approving a resolution vacating a sanitary sewer easement located at 4662 and 4664 Dakota Street SE. 2. Motion and a second to deny the vacation of drainage, utility and trail easement at 4662 and 4664 Dakota Street SE. 3. Motion and a second to table action and continue discussion at a future meeting. ATTACHMENTS: 1. Location Map 2. Easement Vacation Exhibit 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 25-___ RESOLUTION PROVIDING FOR THE VACATION OF A SANITARY SEWER EASEMENT AT 4662 AND 4664 DAKOTA STREET SE Motion By: Second By: WHEREAS, the Village \[City\] of Prior Lake was granted a 20-foot-wide perpetual sanitary sewer easement from three property owners on July 24, 1959 to install a sanitary sewer line in the rear yard of three parcels located at 4662, 4664, and 4666 Dakota Street; and WHEREAS, the sanitary sewer easements were recorded on August 7, 1959 in the Office of the Register of Deeds, Scott Couty, Minnesota in Book 145 of Deeds, pages 421- 423; 424-426; and 427-429; and WHEREAS, the sanitary sewer easement is legally described as: Beginning at a point on the center line of Third Street 163 feet North of the intersection of the center lines of Dakota Street and Third Street, thence Westerly a distance of 185 feet to a point which is 128.9 feet North of the center line of Dakota Street; and WHEREAS, the Prior Lake Economic Development Authority (the “Property Owner”) is the owner of property legally described as: Lots 2 and 3, City Hall Plaza, Scott County, Minnesota (PIDs 255650020 & 255650030); and WHEREAS, the Property Owner has requested the City of Prior Lake vacate the sanitary sewer easement to facilitate a proposed redevelopment project on Lots 2 and 3, City Hall Plaza; and WHEREAS, notice of the public 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 Wednesday, November 12, 2025 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 finds the existing sanitary sewer easement is not necessary and shall be vacated. 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 public sanitary sewer easement is in the public interest. 3. The City Council finds that the sanitary sewer easement vacation has no relationship to the comprehensive municipal plan. 4. A two-thirds vote is required for approval by the City Council if the Planning Commission review of the proposed disposal as to compliance with the Comprehensive Plan is dispensed with. 5. Review by the Planning Commission of the sanitary sewer easement vacation is hereby dispensed with, the vacation of sanitary sewer easement is hereby approved, and staff are authorized and directed to execute all documents and take all appropriate measures to vacate said easement. 6. The approval resolution vacating the easement shall be recorded at the Scott County Recorder’s Office following removal of the two existing single-family homes located at 4662 and 4664 Dakota Street SE. 7. Pursuant to Minnesota Statues 462.358, the following described public easement is hereby vacated: Legal Description (Vacated Sanitary Sewer Easement): Beginning at a point on the center line of Third Street 163 feet North of the intersection of the center lines of Dakota Street and Third Street, thence Westerly a distance of 185 feet to a point which is 128.9 feet North of the center line of Dakota Street; and th Passed and adopted by the Prior Lake City Council on a two-thirds majority vote this 12 day of November 2025. VOTE Briggs Braid Churchill Lake Hellier Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager 2 Location Map 4662 & 4664 Dakota Street SE Easement Vacation Exhibit