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Home My WebLink AboutItem 06.f November 20, 2017 Item No. ______ SCHREINER RIGHT-OF-WAY VACATION Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution vacating Township Road, Schweich First Addition. Overview Terry and Chris Schreiner, 8490 – 195th Street submitted an application to vacate the unimproved, platted road right-of-way adjacent to the east side of their property. A vacation of right-of-way requires a public hearing and notification to utility companies and impacted property owners of the proposed vacation. Dakota Electric Association (DEA) informed staff that DEA has need for easement access to electric power facilities within the east and south boundary of the existing right-of-way and request that a drainage and utility easement be maintained along those boundaries. The applicants agreed to dedicate the requested easement. The Planning Commission held a public hearing at their November 2, 2017 meeting and recommended unanimous approval of the right-of-way vacation subject to two stipulations. There was no public comment. Primary Issue To Consider Why is the right-of-way no longer needed? The street network in the adjacent plats of Crescent Ridge, Berres Ridge and Legacy Addition were designed such that a north/south street connection utilizing the Schweich First Addition right-of-way will not be required. Adequate streets presently serve the area so the subject right-of-way no longer serves the City’s transportation needs or the need to provide neighborhood interconnection. Supporting Information ◊ Vacation Resolution ◊ Signed easement agreement ◊ November 2, 2017 draft Planning Commission meeting minutes ◊ October 27, 2017 planning report Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Design That Connects the Community Report Completed by: Frank Dempsey, AICP, Associate Planner None Zoning Ordinance 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 17-____ RESOLUTION VACATING PUBLIC RIGHT-OF-WAY WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2) weeks published notice, to consider the following described public road right-of-way vacation; and WHEREAS, the City Council has determined that it is in the public interest to vacate said public road right-of-way. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The following public road right-of-way is hereby vacated: The 30-foot wide Township Road adjoining the east property line of Lot 1, Block 1, SCHWEICH FIRST ADDITION, in the City of Lakeville, Dakota County, Minnesota. 2. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. ADOPTED by the Lakeville City Council this 20th day of November, 2017 CITY OF LAKEVILLE BY:______________________________ Douglas P. Anderson, Mayor 2 ATTEST: BY:________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. ___________ is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 20th day of November, 2017 as shown by the minutes of said meeting in my possession. __________________________________ Charlene Friedges City Clerk Seal Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 City of Lakeville Planning Department Memorandum To : Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: October 27, 2017 Subject: Packet Material for the November 2, 2017 Planning Commission Meeting Agenda Item: Vacation of Public Road Right-of-Way – Schweich First Addition Action Deadline: December 5, 2017 INTRODUCTION Terry and Chris Schreiner have submitted application to vacate the unimproved, platted road right-of-way adjacent to their property located at 8490 – 195th Street. A vacation of platted road right-of-way requires a public hearing and notification to private utility companies and impacted property owners of the proposed vacation. EXHIBITS A. Zoning Map B. Aerial Photos (2 Pages) C. Certificate of Survey with Vacation Sketch D. New Drainage and Utility Easement Dedication Sketch E. 1966 Schweich First Addition Plat F. Dakota Electric Association Letter and Exhibit (2 Pages) 2 EXISTING CONDITIONS The applicants are requesting that the unimproved right-of-way adjacent to their property be vacated and allowed to be combined with their principal parcel to the west. The 30 foot wide right-of-way was dedicated as part of the Schweich First Addition plat approved by the Lakeville Township Board in 1966 for a future Township Road, which was never constructed. With the review and approval of the Crescent Ridge and Legacy Addition plats, it was determined that the subject road right-of-way will not be developed for public street purposes. RIGHT-OF-WAY VACATION The process to vacate road right-of-way requires that all utility companies that serve the area be notified of the proposed vacation in the event they have existing or future planned facilities within the right-of-way. Dakota Electric Addition (DEA) responded with comments that they did in fact have underground facilities in the platted right-of-way as well as overhead electric lines along the south boundary of the plat and the subject road right-of- way. DEA is requesting that a 10 foot wide easement be dedicated to cover their facility and access needs in the area. No other utility companies responded to the public hearing notice. When platted road right-of-way is vacated, ownership of the vacated right-of-way is transferred to the adjacent lot in the original plat. In this case, only the west half of the right- of-way was dedicated originating entirely from the Schweich First Addition plat. The sole beneficiary of the vacation is the Schreiner property, Lot 1, Block 1, Schweich First Addition. RECOMMENDATION Planning Department staff recommends approval of the road right-of-way vacation subject to the following stipulations: 1. The vacated road right-of-way shall be combined into a single parcel with Lot 1, Block 1, Schweich First Addition within 60 days of approval of the right-of-way vacation. 2. Prior to the City recording the right-of-way vacation resolution, a 10 foot wide public drainage and utility easement shall be dedicated as shown on Exhibit D of the October 27, 2017 planning report. RA RS-3 RS-3 RS-4 RS-3 RS-3 RS-3 P/OSRS-3 197TH ST W 194TH ST W 193RDSTW HOLDINGFORDWAYHOLLOWAYLNHIGHVIEWAVEHENNING A VE HIBBI N G W A Y HOLYOKE AVEHIL L DALE AVE 195TH ST W HE A R THCT199TH CTWHALOAVEHIGHVIEW AVESCHREINER VACATION Ü EXHIBIT A SCHREINER VACATION Property Information October 25, 2017 0 450 900225 ft 0 130 26065 m 1:4,800 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. EXHIBIT B SCHREINER VACATION Property Information October 25, 2017 0 110 22055 ft 0 30 6015 m 1:1,200 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F •••••````````````QQQQ`Q«m«««m`¢`¢`¢`¢````````ùü üùüüù¨(¬zN(¬zN('('zN('('zN(¬zN(¬zN(¬zN(¬zN`Q˚wñîñîñî `Ëì A 10-Foot Drainage and Utility Easement along the Easterly and Southerly Property lines.8475843684648478844384918507852385398555851284908487853419673196311949719498194721 9 4 6 9 19493JC4718245182461742561359ProposedProposedProposedProposedProposedProposedProposedProposedProposedProposedProposed1 9 5 T H S T W197TH ST W195TH CTHIGHVIEWAVEThis drawing is neither a legally recorded map nor a survey and is not intended to be used as one. Check with DEA Land Use Manager to verify specific site locations are within DEA Service Territory. This drawing is to be used for reference purposes only. Dakota Electric Association is not responsible for any inaccuracies herein contained. For location of buried cable call Gopher State One Call @ 1-800-252-1166 or 651-454-0002.10/18/2017Date plotted:knudsenbyMap No.:C2-21-CBT114N R20W S21Twp.:Dakota Electric±0 40 80 120 16020FeetEXHIBIT F