The URL can be used to link to this page

Home My WebLink About96-056 Vacation AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: STAFF AGENDA REPORT 6A JANE KANSIER, PLANNING COORDINATOR PUBLIC HEARING TO CONSIDER THE VACATION OF THE PORTION OF 8TH STREET LYING NORTH OF CENTER STREET AS PLATTED WITHIN SPRING LAKE TOWNSITE AUGUST 19, 1996 The City has received a petition from Bryce Huemoeller to vacate the portion the platted right-of-way for 8th Street located northeasterly of Center Road and southwesterly of Prior Lake, between the properties at 2836 Center Road and 2872 Center Road (a vacant lot). A location map showing the road right-of- way (Exhibit A) is attached for your information. Mr. Huemoeller constitutes a majority of the property owners adjacent to this right-of-way. As required by State statute 412.851 (see Exhibit F), notice of the hearing was published in the Prior Lake American on August 3, 1996, and on August 10, 1996. Individual notices were mailed to the adjacent property owners on July 22, 1996. In addition, since the street terminates at a public water, a notice of this petition was sent by certified mail to the Commissioner of Natural Resources on July 17, 1996. State statute 412.851 allows the Council to vacate right-of-way by resolution. A four-fifths vote is required when there has been no petition. In this case, since there has been a petition, the Council may adopt a resolution by a majority vote. The statute also states that "no such vacation shall be made unless it appears to be in the public interest to do so". Spring Lake Townsite is one of the original plats of the City of Prior Lake. The road right-of-way for 8th Street was dedicated in this plat about 125 years ago. This portion of 8th Street is 60' wide by approximately 270' long, and is fully wooded with a mowed trail to the lake. There is also a storm sewer located within the right-of-way. There is a single family home and 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER parkland on the west side ot the right-ot-way, and a vacant lot on the east. In 1995, the Council reviewed a lake access study, which covered all of the public accesses to the lake. The Council at that time determined that 8th Street access should be retained, although they would consider vacating a 10' wide strip along the east side ot the right-of-way. The Council also directed City Engineering to review the possibility of constructing a storm water quality pond on this right-of-way. (See Exhibit C.) DISCUSSION: In a vacation request, the City must determine whether there is a public need or anticipated future need for the dedicated property. After review, the staff has concluded that there is existing and future need for this right-of-way. The public needs identified by City Staff are as follows; 1. The Lake Access Study identified this right-of-way as a lake access for the residents of the area. There is a mowed path providing access from the adjacent park to the lake that is maintained by the neighbors. 2. There is an existing storm sewer located within this right-of- way. Even if the street is vacated, an easement will be required to protect and maintain this storm sewer line. 3. The City Engineering Department has determined that a storm water quality pond can be constructed at the north end of this right-of-way within the 60' width. It would, however, be possible to vacate a 10' wide by 130' long strip of land along the east side of the right-of-way. This project is scheduled for 1998 in the 1997 -2001 Capital Improvement Program. ALTERNATIVES: 1. Approve the vacation of 8th Street as requested. 2. Approve the vacation of a 10' wide by 130' long strip of the 8th Street right-of-way located along the east side of the right-of-way, directly north of Center Road. 3. Deny this petition and retain the entire width of the right-of- way. 4. Defer consideration of this item for specific reasons. RECOMMENDATION: The Planning staff recommends approval of Alternative #2. This alternative is consistent with the Council recommendation from the Lake Access Study in June, 1995. ACTION REQUIRED: A motion adopting Resolution #96-83 vacating the portion of 8th Street that is 10' wide by 130' long and is located along the east side of the right-of-way, directly north of Center Road. 96056vac.doc Page 2 EXHIBITS: A. Location Map B. Copy of Application C. Council Minutes of 5/15/95 and 6/19/95 D. Memo from Lani Leichty, Water Resources Coordinator E. Letter from DNR F. State Statute 412.851 Reviewed By: Frank Boyles, City Manager 96056vac.doc Page 3 EXHIBIT A \ \,..0\ d'\ GO'4 COUNTY OF SCOTT LA~E. .1 EXHIBIT B vc pm# Cl0 - ~'5k, 251330071 CITY OF PRIOR LAKE APPLICATION FOR SI'REET, ALLEY AND UTILITY VACATION Applicant: Bryce D. Huemoeller Address: 16670 Franklin Trail, Prior Lake, MN 55372 Heme Phone: (612) 447-2131 W:)rl< Phone: (612) 447-2131 Property CMner: Address: Hone Phone: Same as Applicant W:) rk Phone: Legal Description of Site to be Vacated: That part of Eighth Street within the plat of Sprin Lake Townsite, Scott Count Minnesota described on t e attached Exhibit A. Reason for Request: (May Attach) The reasons for this request are set forth on the attached Exhibit B. SUEMISSION REOU1REMEN1'S: (A) Completed Application fcrm. (B) Canplete Legal description & Property Identification Nurrber cpm). (e) Complete legal description of vacation site. (D) Petition or letter including the signatures and addresses of all property cwners who cwn land adjacent to the proIX'sed vacation site. (E) Certified SUrvey of the proPJsed vacation site. (F) Filing Fee. CNLY CCMFLETE APPLIG\TIONS SHALL BE. REVIEWED BY THE CIT'l COUN:IL. To the best of my kn~j~ the info~pn presented on this \it~J"C(YV'v~lV~ June AppliCants Signature Date form is correct. 24, 1996 Fee CMners Signature Date 'lEIS SECTION TO BE FILLED cur BY THE PLANNI~ DIRECI'OR CIT'l COUN:IL APPR0V'ED _DENIED HEMIN} DATE CONDITIONS: Signature of the Planning Director tate EXHIBIT B" I LEGAL DESCRIPTION That part of Eighth Street within the plat of Spring Lake Townsite, Scott County, Minnesota, lying northeasterly of the northeasterly line of Center Street, reserving to the City of Prior Lake perpetual easements for storm sewer and utility purposes over, under and across the northwesterly 30 feet thereof. EXHIBIT B - ~ REASONS FOR REQUEST Vacation of the portion of Eighth Street described in Exhibit A will facilitate development and maintenance of adjacent lots, and preserve the easements and legal rights necessary for the existing storm sewer line and proposed water quality pond referred to in the June 19, 1995 City Council minutes. Placing the vacated street in private ownership, subject to the City's utility easement, will facilitate day to day maintenance and upkeep of the area to the benefit of both the City and the neighborhood. Vacating Eighth Street will also permit one, or both of the two lots lying to the east of Eighth Street to be expanded. ExlitllIheCor Lake City Council-May 15, 1995 MOTION BY S TT, SECOND BY HENCK, TO APPROVE PAYMENT OF TH OSTS A CIATED WITH ELECTRICITY AND PORTABLE RE OMS NOT TO EXCEED $1000 AS REQUESTED BY TH 'N IN PRIOR LAKE" COMM~TTEE. Upon a v carried. " " aleen, ayes by Andren, G{eenfield, Scott and Schenck the motion " '", ", 6. PUBLIC HEARINGS: 7:35 - 8:00 p.m. ~ A. Conduct Public Hearing on Public Accesses - Mayor Andren called the public hearing to order. at 7:40 p.m. - City Manager Boyles briefly reviewed the purpose of the hearing and events which have occurred to date. One gentleman was interested in the 8th Street access issue and several were present who were interested in the Terrace Circle access. The following accesses were scheduled for discussion: 7th Street North, Monroe Avenue and Kent Street, Lime Road South and 8th Street North. Water Resources Coordinator, Lani Leichty, presented details of the 8th Street North Access vacation, and discussed the Lake Advisory Committee's recommendation to vacate a strip on either side of the access leaving a middle strip for utility access. Brad Gullstad, 2865 Center Road, requested that Council consider remaining the property as a public park instead of locating it for the purpose of adding it to the public park square directly across the road from the site. Mr. Gulstad stated that he and the other neighbors have maintained and mowed the property for the last several years and that he has obtained approximately 30 signatures from neighborhood residents who are in favor of creating a park instead of vacating the property. Council concurred that the area does serve a public purpose and should not be vacated. MOTION BY GREENFIELD, SECOND BY SCHENCK, TO RETAIN THE 8TH STREET ACCESS AS A DEDICATED ROADWAY. Upon a vote taken~ by Andren, Greenfield, Scott and Schenck the motion carried. ~ The next access under discus~ was Te e Circle. Mr. Leichty presented a video of the access under coh' eration for vacation and the LAC's. recommendation to create a seemc ~vedook at the site. Rick Berko - 2953 / ", Terrace Circle - opposedAhe creation of a puOli.<2 park overlook next to his house, /", and presented s~yera1 arguments against the conCept. Mr. Berko stated that he had a petit~om 56 of the neighborhood resident~ho are against using the area as ~verlook. Mayor Andren recommended that thitouncil refer this issue M51595r 3 Play'n Prior Lake Costs Public Accesses 8th Street Access . /- j 1 M61995 - - - --~ - Minutes of the Prior Lake City Council. June 19. 1995 Upon a vote taken. ayes by Greentield. K~drowski. Schenck and Scott. the motion carried. Eighth Street /'North) Discussion occurred regarding whether this issue had been resolved on May 15. Councilmembers requested that staff verify the Council's previous actions and recommend tabling the item until the next meeting. MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO TABLE THE ISSUE TO ALLOW STAFF TO VERIFY COUNCIL'S ACTIONS. Upon a vote taken, ayes by Greentield, K~drowski, Schenck and Scott, the motion carried. MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO RESCIND THE PREvIOUS MOTION. Eighth Street (North) - A short discussion occurred regarding the utility easement. MOTION BY GREENFIELD, SECOND BY SCOTT, TO RETAIN THE UTILITY EASE:'rJENT, CONSIDER VACATING A 10 FT. STRlP ON THE EAST SIDE AND HA VE E:'IGI2'fEERING LOOK INTO THE POSSIBILITY OF CONSTRCCTING A STOR"I WATER Ql:ALITY POND AT THE OUTLET OF THE 8TH STREET NORTH ACCESS. Upon a vote taken, ayes by Greentield. Kedrowski. Schenck and Scott. the motion carried. d (North - Staff's recommendation w to vacate 20 feet north of the curb to the e. and then in the event Co 11 receives a petition to vacate the roadway Counc' could entertain this petit' n. A short discussion occurred. ~ MOTION BY G~NFIELD, COND BY SCHENCK, TO RETAIN LIlVIE ROAD (NORT~~ IT CURRENT STATUS. Upon a vote taken, ayes b carried. reentield. Kedrowski, Schenck and Scott, the motion " . " " " ", re - t ... - Richard :\;[ueli~. 17244 Sunset TraiL discussed the fact " that he has mtained the property and '~pressed opposition to a fence being erected be een his property and the access. '''.'' MOT ON BY GREENFIELD, SECOND B~\CHENCK, TO ESTABLISH A SCENIC OVERLOOK AND DIRECTED ST.-\.FF TO "VORK WITH MR. 5 EXHIBIT D Memo DATE: August 8, 1996 TO: Don Rye, City Planner FROM: Lani Leichty, Water Resources Coordinator RE: Petition for Eighth Street Vacation On June 19, 1995 a public informational meeting was held to discuss the Lake Advisory's recommendation which was to vacate a portion of right-of-way on both sides of Eighth Street and discuss constructing a water quality pond at the north end. The City Council voted to retain the existing utility easement and consider vacating a 10 foot strip of right-of-way on the east side. Also, engineering was requested to - \ look into the feasibility of constructing a storm water quality pond in this area. Staff has since surveyed this right-of-way and determined that a water quality pond could be constructed at the north end within the 60 foot boundary. This pond could be built by removing approximately 60 feet of the existing storm sewer pipe and excavating to form a pond with a normal surface water area of approximately 2,200 square feet. This property is wooded with a mowed trail which meanders from Center Road to the lake which is maintained by the neighbors. If a pond were constructed several trees would have to be removed. These could be replaced with stock from the City's nursery around the ponds edge. The pond would treat storm water runoff from eight acres that is currently draining directly into Prior Lake. This project is scheduled as a 1998 project in the 1997-2001 Capital Improvement Program with a budgeted amount of $5,000.00. The cost estimate for this design is approximately $4,800.00. ,. If a water quality pond is to be constructed then the full 60 foot right-of-way width will be needed where the pond would be located. It would be possible to vacate a 130 foot strip of right-of-way 10 feet wide on the east side and still meet the needs of engineering (see Exhibit B). The 10 feet of vacated right-of-way would allow the two vacant lots to the east to be expanded from 75 foot to 80 foot wide lots at the building pad area. J 16200 Eagle Creek ~~~~Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CON5TRucr APRON INY.= 902.7 PROPOsEO PONO LOCATION CONSTRUCT APRON 1 RJP-RAP INy'. c: 903.3 -- PRJOR LAkE. ~ ',-~ "t')z.; .!:J,.I":~~L:V= we:n.AAlO ~ BoI.IAlOARy '" N. 1"=40' NWL= ~03 HWl. ='104.5 . i'::~ '~d: " 1~~. I ~" LOIS Z ~ 3 BlOCK 22 SPRING LAKE I()W~JS/T.E 2.83CD ,. ~I V\^ ~ CO 10' VACATION STIlIP ~d~~. ^ I 2872. .'..;. ""-'w " CJ:N1ER ROAD -~ EXHIBIT B SENT BY: DNR; 8- 7-96 1 :38PM; 6127727573 ~> 6124474245; #1/2 EXHIBIT E MINNESOTA DEPARTMENT OF NAnJRAL RESOURCES EAST METRo AREA TRAILS AND WATERWAYS 1200 WARNER ROAD SAINT PAUL, MINNESOTA 55 r 06 612.772.7937 August 7.1996 Jane A. Kansier. AICP Planning Coordinator City of Prior Lake 16300 Eagle Creek Avenue SE Prior Lake, Minnesota 55372-1714 Subject: Va<:ation of a Portion of Eighth Street, Lying Northeasterly of Center Road, and Adjacent to Prior Lake. Dear Ms. Kansier; 1 have reviewed the information c::oncerning the above application for vacation. Our department has looked into this matter carefully, and has decided to oppose this vacation. Generally, the Department of Natural Resources opposes all such vacations of public right qf way to public waters for a number of reasons: . It is impossible to project what potential public uses and value these rights of way could have in the long-term. Once vacated, they are lost to the public forever, . The state owns the lake bed. Therefore, public access to public water should be retained whenever and wherever possible. · The street is currently owned by the public; the public has the right to use it. That right should not be given away to private interests. The Eighth Street site has several outstanding features. Vacating the site would be a very significant loss: · The proposed vacation is directly across the street from a public:. park, kcess to the park from the lake and vice versa adds a significant amenity to each. · The subject property is currently some of the last undeveloped lakeshore in the neighborhood. It acts as a natural buffer for wind, noise. storm water, and provides wt:t1and and fringe zone habitat for numerous plant and animal species. . The property is currently used and maintainp.d by Icx:al residents as a lake access. The fully I SENT BY: DNAj 8- 7-96 1 :38PMj 6127727573 => 6124474245j #2/2 wooded property has a mowed trail leading from Center Road to the lakeshore. · A.n underground storm sewer runs through the property and outlets at the lakeshore. Vacation would limit city options for improvements and maintenance. While visiting the site, I was informed by a neighborhocxJ resident that there are dty plan!ii to upgrade the aforementioned public park; and that the subject property has been used and maintained by neighborhood residents for at least eight years. Considering the limited public opportunities around lakcshore, the unique characteristics and opportunities the Eighth Street site offers, neighborh<Xld interests, and long-term interest of the public, the road vacation proposal should be denied. Thank you for the opfX'rtunity to comment on this proposal. If you have further questions I please contact me. s;n?d /d-7' ~~ '~ellil An~a Trails and Waterways Supervisor c: Bill Johnson Kathleen Wallace Pat Lynch Mike Markell 2 eceipts exceed the esti- IY at any time by resolu- :ouncil reduce the sums rize the transfer of sums resolution to other pur- \oIT OF FUNDS. lerating under Optional [lager and no order shall ~rovided in this section. :very order shall specify the fund from which it e credit of the fund from lth all then outstanding :h contract requiring the 1 the same is to be paid, each such contract. The fekeeping and disburse- ld from some unforeseen or if any calamity or any of making extraordinary lsurer of emergency debt : at not more than seven , at maturity shall be lev- ltion of an issue of such 'oved by all the members s :, designate a legal news- :r, in which shall be pub- w to be so published and in the public interest to 500 EXHIBIT F 501 STATUTORY CITIES 412.861 412.851 VACATION OF STREETS. The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners ofland abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote off our- fifths of all members of the council. No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing. The notice must contain, at minimum, a copy of the petition or proposed reso- lution as well as the time, place, and date of the hearing. In addition, if the street, alley, public grounds, public way, or any part thereof terminates at or abuts upon any pub- lic water, no vacation shall be made unless written notice of the petition or proposed resolution is served by certified mail upon the commissioner of natural resources at least 30 days before the hearing on the matter. The notice to the commissioner of natu- ral resources is for notification purposes only and does not create a right of intervention by the commissioner. After a resolution of vacation is adopted, the clerk shall prepare a notice of completion of the proceedings which shall contain the name of the city, an identification of the vacation, a statement of the time of completion thereof and a description of the real estate and lands affected thereby. The notice shall be presented to the county auditor who shall enter the same in the transfer records and note upon the instrument, over official signature, the words "entered in the transfer record." The notice shall then be filed with the county recorder. Any failure to file the notice shall not invalidate any such vacation proceedings. History: 1949 c 119 s 102,' 1953 c 735 s 12; 1957 c 383 s I; 1967 c 289 s 15; 1969 c 9 s 85; 1973 c 123 art 2 s I subd 2; 1973 c 494 s II; 1976 c 181 s 2; 1986 c 444; 1989 c 183 s 4; 1990 c 433 s 2 412.861 PROSECUTIONS, VIOLATIONS OF ORDINANCES. Subdivision 1. Complaint. All prosecutions for violation of ordinances shall be brought in the name of the city upon complaint and warrant as in other criminal cases. If the accused be arrested without a warrant, a written complaint shall thereafter be made, to which the accused shall be required to plead, and a warrant shall issue thereon. The warrant and all other process in such cases shall be directed for service to any police officer, marshal, process officer, court officer, or constable of any town or city in the county, to the sheriff of the county, or all of them. Subd. 2. Form and contents of complaint. It shall be a sufficient pleading of the ordi- nances or resolutions of the city to refer to them by section and number or chapter. They shall have the effect of general laws within the city and need not be given in evi- dence upon the trial of civil or criminal actions. Judgment shall be given, if for the plaintiff, for the amount of fine, penalty, or forfeiture imposed, with costs; and the judg- ment shall direct that, in default of payment, the defendant be committed to the county jail for such time, not exceeding 90 days, as the court shall see fit. The commitment shall state the amount of judgment, the costs, and the period of commitment. Every person so committed shall be received by the keeper of the jail and kept, at the expense of the county, until lawfully discharged. The committing court may release the defendant at any time upon payment of the fine and costs. Subd. 3. Appeal to court of appeals. Appeals may be taken to the court of appeals in the manner prescribed by court rule. On appealing, the defendant shall give bond to the city, to be approved by the court, conditioned that, if the judgment be affirmed in whole or in part, the defendant will pay the judgment, and all costs and damages awarded against the defendant on the appeal. In case of affirmance, execution may issue against both defendant and the defendant's sureties. Upon perfection of the appeal, defendant shall be discharged from custody. History: 1949 c 119 s 103; 1953 c 735 s 13; 1955 c 867 s 7; 1973 c 34 s 5; 1973 c 123 art 2 s I subd 2; 1976 c 2 s 132; 1983 c 359 s 66; 1984 c 387 s 2; 1986 c 444 RESOLUTION 96-83 RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF 8TH STREET LYING NORTH OF CENTER ROAD AS PLATTED WITHIN SPRING LAKE TOWNSITE MOTION BY: SECOND BY: WHEREAS, a petition for the vacation of a portion of the 8th Street right-of-way has been duly presented to the City of Prior Lake, signed by a majority of the owners of the property abutting the following described right-of-way situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: That part of Eighth Street within the plat of Spring Lake Townsite, Scott County, Minnesota, described as follows: The easterly 10 feet ofthe southerly 130 feet of the platted right-of-way lying northeasterly of the northeasterly line of Center Street. 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, August 19, 1996, at 7:00 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 right-of- way 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 above described road right-of-way situated in the City of Prior Lake, Scott County, Minnesota is hereby vacated. BE IT FURTHER RESOLVED that this Resolution will be forwarded to the Office of the County Recorder, Scott County, for appropriate action. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Passed and adopted this 19th day of August, 1996. YES ANDREN GREENFIELD KEDROWSKI MADER SCHENCK ANDREN GREENFIELD KEDROWSKI MADER SCHENCK NO Frank Boyles, City Manager City of Prior Lake {Seal} res9683.doc Page 2 Prior Lake City Council Minutes August 19, 1996 . There was discussion about the language of the ordinance, and City Attorney Pace explained that section B had been added since the preceding meeting. She explained that for correct interpretation of ordinances and statutes all parts of ordinance must be read together. Mayor Andren called the question. Upon a vote taken, ayes by Greenfield, Mader, nays by Kedrowski, Andren, the motion failed. MOTION ANDREN SECOND KEDROWSKI TO ADOPT ORDINANCE 96-19 (AS WRITTEN) AMENDING PRIOR LAKE CITY CODE BY AMENDING 1-14-1 RELATING TO THE PAYMENT OF PROPERTY TAXES AND RELATED FEES AS A PRECONDITION TO PERMIT ISSUANCE OR OTHER OFFICIAL CONTROL. ORDINANCE 96-19 Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, nay by Mader, the motion carried. 6A. PUBLIC HEARING . A public hearing was called to order at 8:30 p.m. to Consider Approving Vacation of VACATION the Portion of 8th Street Lying North of Center Street as Platted within Spring Lake 8TH ST Townsite. City Manager Boyles introduced Jane Kansier, who presented the report. . Mayor Andren recognized Brad Olsted of 2865 Center Road. Mr. Olsted lives across road from the vacated portion of 8th street. He spoke briefly on the uses of the vacated land, which provides lake access for the neighborhood. . Mayor Andren recognized Jim Bates (law partner of Bryce Huemoeller, the petitioner). He requested that the vacation be granted 130 feet deep and 30 feet wide rather than 10 feet. MOTION KEDROWSKI SECOND MADER TO CLOSE THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, and Mader, the motion carried. The Public Hearing closed at 8:50 p.m. MOTION KEDROWSKI SECOND GREENFIELD TO APPROVE RESOLUTION 96-83 APPROVING VACATION OF THE PORTION OF 8TH STREET LYING NORTH OF CENTER STREET AS PLATTED WITHIN SPRING LAKE TOWNSITE. Upon a vote taken, aye by Kedrowski, nays by Andren, Greenfield, and Mader, the motion failed. No vacation is granted. M81996.DOC 4 :"~;J;'''<.i\:,..,.~t,..;. '''''''''''''Mn,,';''.>'''''''7fd.~~ .p~- + tJ~1991 Minutes of the Prior Lake City Council The ne~t order of business was: Consider Administrative Plat and Varianc::~ Applieation For Jim Dunn. Assistant City Planner Garross,presented an overhead of the area in which the two va~iance~foraproposed subdivision 1s located. Ms. Garross noted. ..tHat Gary Gibbish, a repr.sentati ve for Mr. Dunn, was present should Council have questions pertaining to the request. A short discussion occurred regarding soil test al,d utility. easements. Discussion also occurred regarding fee own4!rship of the land and the proper signatures on the application. MOTION MADE BY WHI~~, SECONDED BY SCOTT, TO APPROVE THE VARIANCES AS REQUESTED SUBJECT TO STAFF'S RECOMMENDED CONDITIONS AND THAT EITHER THE FEE OWNER SIGN THE APPLICATION FOR VARIANCE FORM OR POWER OF ATTORNEY BE SO AUTHORIZED FOR THE APPLICANT'S REPRESENTATIVE. 'Upon a vote taken, ayes by Andren, Larson, Scott and White, the motion carried. MOTION MADE BY LARSON, SECONDED BY SCOTT, TO APPROVE THE ADMINISTRATIVE LAND DIVISION AS REQUESTED. Upon a.vote taken, ayes by Andren, Larson, Scott and White, the motion carried. Mayor Andren entered a letter from Brad Gulstad, 2865 Center Road indicating....a desire that the developer would consider building a house which would not obstruct his or the neighbor's viow of the lake. Under Other Business the following topics were discussed: cityManager.Unmacht displayed a card which the Police Department will <distribute to every 50th person who has contact>withthe>Police Department. The purpose of the card is.<to receive feedback on.the services of the Police staff. Councilmember Larson suggested the cards be pre-stamped. City Manager Unmacht reported on the Clean-Up Day expenditures, collections and costs for the years of 1989, 1990 and 1991~ A short discussion occurred regarding the report from staff. Staff reported that Deb Garross and Tom Watkins would be making a presentation of the Lake Review Committee Report in Des Moines, Iowa ata U.S. EPA Conference on June 11. city ManagerUnmacht gaye a short report on the probability of the City and Cour:ty adopting a Resolution on the Local Option Sales Tax. 3 . , \', :(. ,I, , ,0 " ~\ - \, \ \ 1 ^.' (. \ ...' , \ v' \ \ I ~o ", Oeser That Minne Count its n / , / c ' ,~ " :"~ ~ "'-, \S'~,' , ~<"...>- " , , " " "" ' , :.; Conta .... '\ ., ',\ , " " " " ~ , Oeser 'fhat MiMe Count 23, ~ exten ""..,. . " " " , ~o , , , \ , NOTES B M El. 904 00 Top of Iron ot the ',mo." WfIYt..Cf'MtOf; ,'ot /I ',' , . ' " ~,...lt;.tln9 tJriJti..,ivcr"Or\ , , AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: HERITAGE /89/ COMMUNITY 1991 (I rlc 1:(,(7. \ . 2(2.9 / - r1' "ty'l ( r',' J~ ~' 6 DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER ADMINISTRATIVE PLAT AND APPLICATION FOR JIM DUNN JUNE 3, 1991 VARIANCE ~\\'~. ~\J ~~ The Planning, Department received an \:. '~01 application for an administrative land ~~. \:, division and variance from Jim Dunn who is ~ represented bY,~orney, 'Rryce'-'-Huemoeller./ Attached finditheapplication forms, survey "and supporting materials relative to this item., The required notifications have been mailed to contiguous property owners and fee owners within 100 feet of the proposed subject site. The DNR and utility companies have been notified of the variance and administrative plat applications. Staff has received no objections' from neighbors, the DNR nor any of .the utility companies to the. proposed land division. The subject site conslsts of six platted lots of record. The property is zoned R-l Urban Residential and is located within the S-D Shoreland District. The applicant proposes to re-divide Lots 7 through 12, Block 23 Spring Lake Townsite into two tracts as indicated on the attached survey. The required lot size for new subdivision of lakeshore property is as follows: Lot area 15,000 square feet: lot width at 904 contour - 75 feet.: lot width at front yard setback line - 90 feet. Proposed Tracts A and B contain 22,500+- square feet and are 75 feet wide at the front setback line. The surveylndicates that Tract A and B contain 11,298 and '12,660 square feet of lot ~;~!n:~g~e.i~~1~04S;~tl~~ti~~~!4~F)su~~~r~:~~~ that!~Any, lot abutting ,or ,includlnqa>wetland, watercourse or marsh shall have at . least fifty percent (50%) of the minimum lot size for that district as found in the, Zoning Ordinance 4629 Dakota St. S.E.. Prior lake. Minnesota 55372/ Ph. (612)447.4230 I Fax '5121 447.4245 DISCUSSION: COMPREHENSIVE PLAN IMPACT: outside of the above referenced nntural feature." Mr. Huemoeller contends that a lot area variance is not required for this application. However, lot area has traditionally been calculated based upon land above the 904 Ordinary High Water Mark and it is the opinion of staff that the lake is not a watercourse as described by the Subdivision Ordinance. Mr. Huemoeller has obliged staff and submitted an application for lot width and minimum lot area variances for both Tracts A and B. The entire plat of Spring Lake Townsite was subdivided into 50 foot wide lots. This neighborhood is characterized by lot combinations similar to the proposed subdivision. The Alley in Block 23 was vacated in 1987 by City Council Resolution 87-61. Lots 1 through 6, Block 24, located immediately to the east of the subject site have been re-divided into two tracts, as proposed by Mr. Dunn. ,.. The subject site has been assessed 100% for sewer and water. improvem~nts. and a bala,n,qe"'..... ,of $1 11~13.8.'. em~.. . ~~' ,~tA:~~rd::cali'ti,f , . 'b tjj~," lilIl ~~. .",.~.'::J;~.'!!o~~i~~'=l':l~'!W,.". /;i! 'I:". .10'. . '. . ,..., ~ ~o-- "~ . 'en~1re a ance upon approval of the administrative division or split the balance of assessments equally among each tract. There are seven years remaining on the assessment term. Ap~roval of this . on. The ComprehensivePlan..indicates residential use for this site. subdivision is consistent Comprehensive Land Use Plan. low density The proposed with the '..LTER."'tATIVES: 1. Approve the variance and administrative land division as requested. Table decision on the item for further study. Deny the applications for specific reasons. 2. 3. Alternative #1 subject to conditions. the following 1. Submission of a proposed grading plan for each lot. 2. Soil tests for each lot verifying adequate building pads. 3~ Applicant is responsible to file all pertinent documents and report the newly / assigned PID numbers to staff. / Th~ variance observes t.he spirit: and intent of I the Ordinance in that six substandard lots of . / record are being combined into two buildable, / single family lots. Hardship is due to platting practices of a former government that no longer conform to current City zoning standards. The proposed tracts will be larger in width ane area, than the majority of lots within the neighborhood. If it is the desire of the City Council to grant approval of the administrative plat and variances, it is necessary that two separate motions be made by the Council. / I ACTION REQUIRED: I f \ \ /i ,(:-' "~'A \0 ,- .... " \l')Jv' (, \ e,' cC\-rc~ I ,-,,,-C \ rf)I~. (j)'/1'Jf 51(.!0. C,t..., .' '.' "', G . . '. J. r- p- . .JJ f) O} (,en t..L.. <i)O(I}..).("N2 L1" Ll 'J ,'V' \(. ~ ~~ .9YJ.' . I -l - or L (YW n l''Y1 - LcA.cU 0-0/ u 9.\ (~\ - J..{-CJ (tCUL0! - . S" d:fi' 1-.. Vv-v'-' ! t.. .L/- () (if!;:? '~{,u Ib ---.. .1....1 j <<, ...,'.....;,,-I>"'"-'!'-.~. ,. . ....,...~...""..",.'"""'--.. . "'''-''''''_'_''~'''''''_'__.''_''''''_'__''_'___'''__'_O_''''"--"'- .-----..... "--'" ...... .... .... .... ... ....-------..........-....J 1 ..... ....-.--... .._.. 'j i i I ............. '.--- i i ..^'...~*.....";..,.._...)il.._.~-~o~~".."'___..~-.._~_...;.__..--......--.----.-~-...._,.. 0" '''''-''-'''-~- -',---' ...-.....---~ ..;;'..;1 _.i~;.~:~_....;.......:.-..~.. ..i.!~~~~~~~.~~tl;5ti_:...~~...~_q_'-~~.~/~......~~4J~_~,*s~..~'.~.:L..j '. ..,...1\1.:,. '. '. ..' . 7~s/e-'Jt . (J~..:g. j : ..' 'ill' ... . '-~'~;"'''~-'''75' .. ~~~;: /;;"'7j;l-- ";;j;kJiTJ . ..........tff.....,_........ . .....~. ,,^,.. ....." . ;fft1'Oi----_---f!.R 1 ..-,.l~; ..........J.1..~.4I~_..".... .__~...~.~.1_.1 . c.." '1 -ltrs-------.. ... ...... .... . ... . .-.---~. j .~L . ..44~.' ..../(/....w. .~:./q.O.OO }dfI....1L.... ~~4~......I~OaQ~ j .,: /. 1 . ~ . 0 r'" ()I(a)c 75' 1 . -,. ...... U-Pt.-!I,{:.JYO.p- ,c~"AffW':. 90~ I. ..~.; .$1:.1 ~~,;)~~ I, ..."..~./ ~_~ . a;<l e:> ....?5_~ I ' ..,.;,.........;~_.__..,..0t~.. ,_...(0... - ...._.........-~_.... -;--:--,::";~r~~ ! ~ ' ,; "_-'". '~l y. .. . . . . ~ '" oil . . . .. . .,~, .: ~..:~.;':~./. . ,.. ~. "......'-- _0."1 ' .- ~ ;.,.. ~. ~'~j -,,~. ~__w__.. ..-... ^,.2~..,a_.,-. " .~.__,~_........._..._.......... _''''__~_'_~'____.,'' . rr '.~' .~ '- ~ FoI/~-9d:L~./h-;l..91.1.~_-Lc)-I"'4-_tAJ~'1-- --- .---.---~.-. i _'" ....:,'_...fbJ.!~Q/s./,_.._-~:-.~~,~_._.- 31~tY!/J.!J!L29. ..,.._____......._..__...,...___._, "....-.-.....h-".,...ti:-.~,._,___.___.-.,~.;.-~-...2~,~.-..,~ Jt!liJ:~/AlJ4~~ J2Q.,~__.......__"....,.__,._..... .....,..... ". ".' .._. ro...... ,11..1.1:' iJ/?' .'. '. '~..3Y/~51.1 ." . ,,,,r/76 -;It~- "_~." .,~tI~.'W..l.tl,....._.4_.y).__. ..J:~.7u,;.),."...... ..........., ..... ..... .._.._,...._.. ......._... ..... \":' -- ""."-' - ",",' ".,.'. "". -." -,.'.""""'''' ,,..,.;...'.... ".....,.,..--......."....,.~,.,., .'"-',, ,..;. '''''''''''''.' '-~.-", .."...-"..,".... ."<,,,.... .."" .,.-~'.".,.+. ,j~._,_.'-+""'-~.., "',....... ""...-.......~,-'"'''_..'''.....'.,,~... "..'- '.' ,,',~,......"'....'._.,.~''',...,~ -"'....,.... ........---...--.....--..--.-,......,.- !: ,---...--.......-'--'..-.-- ..-..... ". - -~-"-l ,J 'j ........~; -------"..............--_..~..... :W=.-""~~.""'.-...'-~;,..h....~'--.:.--C... .............,-'h<. . """.,....."" -,loO' ~<J.__<..~......"".._ . t.~ t . : . . '..:'~L'-"A-..::..'. ';.:......:,._,:.,:.'- ._~:,;. ,.. _ ..,;.A,:f.i .~. .~.'~,-::'L.:'-'._:':.~,:(.....:,:.,.;-~:.:..;: "". ", . ,". . - , ,'. " . '," . '- '.. '" , ,-",.,':'~.~~r"~' _:.;,_-~._;"~ _"'''. ._.'. ..~-:-_:;..-',_. :.;~_~;,~..~:~~~,~':',-,~.;.~~.~.--'\~~d~;:...-.'n~~~ ". .,' 199.40 2.344.54 0.'0538 -----699. 405----~;~4~~------0-:0S38. 220.52 2,705.75 0.0621 ----(J20.~----~,705~7~------0~0621 419.92 5.050.29 0.1159 J i "oj j 1 CITY OF PRIOR LAKE RESCLt1l'IOO 87-61 RESCLt1l'IOO PROJIDOO FOR 'I!IE VACATIOO OF '!HE 1\LIEi CDm'A]NID WI'mIN '!HAT PART. OF '!HE PLAT OF SPRING LAKE .'IUmSITE. r-DTIOO BY SCD'l.'I' SPXXH>ED BY WHITE WBERFAS, a petition for alley vacation has been duly presented to the City of Prior Lake, signed by a majority of the owners of the property abutting the following described alley situated in the City of Prior Lake, Scott o>unty, Minnesota to wit: LEGM., . DESCRIPl'ION 'Ihe 16.00 foot alley contained within Block 23, of the plat of SPRING LAKEro-lNSITE, Scott O>unty, Minnesota. and '!hat part of the alley. within the plat of SPROO LAKE 'l'OiNSITE, Scott O>unty,Minnesota, lying and being between the northeasterly extension of the southeast line of ~t 12, Block 23 of said plat, as extended to the shOre of Prior Lake, and the northeasterly extension of thenort:hwest line of ~t 1, Block 23 of said plat, as extended to the shore of Prior Lake, Sll'ROO LAKE 'lafNSITE, Scott O:M1nty, Minnesota according to the recorded plat thereof, Scott County, Minnesota. WHEREAS, notice of the hearing on said petition has been duly published and poste-] in .accordance with thea~icableMinnesot:a statutes, and WBERE'A9,apublichear1.ng was held on said petition on Monday, Octcber 19, 1987 at 7135 P.M~in thePr!orLake City Council O!albtrs, and ., . . , WHEREAS, the City Council then proceeded to hear all persons interest.ed in said, petitionmlJpersOll8intereat:ed affordedtbe opportunity to present their views and obj8Ctions to the granting of said petition, and WHeREAS, the City Council of, Pr~or.Iake.hasdetemined that the vacation of said , alley 1<<)b1dbe:.in the'l5UbJ,icihterest. .4821.,DAKOTA"STREET,S.E. P~O. BOX 358 PRIOR LAKE, MINNESOTA 15372 :",' ~ ;.' "" ""'. ':';:,',J,' ""'.>,',.:;.-,, t.;:;":':.fi,'t>!:-';'" ~ ~-'~'i'.b':~_~_,,;-:_$,~,~;f.~~,~t~~~:J~__~.L'" .... ~.-),: III " !. I :1 d .. Ii " I: 11 .j j J I I 1 l :1 j j :~ '.1 .1 ~ ".~""'-"""~__i",,___~.._ X" :-r'> ,'"'_>,~'.::::>~' " . < ;.t.',,_~';..'.;;;' ,',',!:-',:., : <~~ ~~:\::,',:';> :<\:::: __ <,,':'-')' BB 'n';rdRI~;.:"REScivm ftAT"11fIS RESa.t1.rICB WILL BE POIWARIB) ro'1D OFFICI OF THE ;axJN1y'~R!IXX)R:lRt{~8Cm'1"'cxxmrr; ::FOR APPRCPRIAm Ac.l'IOO. .'-'j PUSec1m:t.adOPtedthis..11thday of October. 1987. H2 Andren Pltzgeral,d Larson SQ,tt White IItBnt ..L ..x... ..x... -L Andren Fitzgerald Larson Scott White ~~ : I j '~ ,. I j 1 i .j } ,~ '1 '~ j ; ~ '. ., 1 'I j j ,1 'i ,1 1 ,i 1 ;~ :1 '~.~ "j n.; .~ :~~ ,~ Memo DATE: August 8,1996 TO: Don Rye, City Planner FROM: Lani Leichty, Water Resources Coordinator RE: Petition for Eighth Street Vacation On June 19, 1995 a public informational meeting was held to discuss the Lake Advisory's recommendation which was to vacate a portion of right-of-way on both sides of Eighth Street and discuss constructing a water quality pond at the north end. The City Council voted to retain the existing utility easement and consider vacating a 10 foot strip of right-of-way on the east side. Also, engineering was requested to look into the feasibility of constructing a storm water quality pond in this area. Staff has since surveyed this right-of-way and determined that a water quality pond could be constructed at the north end within the 60 foot boundary. This pond could be built by removing approximately 60 feet of the existing storm sewer pipe and excavating to form a pond with a normal surface water area of approximately 2,200 square feet. This property is wooded with a mowed trail which meanders from Center Road to the lake which is maintained by the neighbors. If a pond were constructed several trees would have to be removed. These could be replaced with stock from the City's nursery around the ponds edge. The pond would treat storm water runoff from eight acres that is currently draining directly into Prior Lake. This project is scheduled as a 1998 project in the 1997-2001 Capital Improvement Program with a budgeted amount of $5,000.00. The cost estimate for this design is approximately $4,800.00. If a water quality pond is to be constructed then the full 60 foot right-of-way width will be needed where the pond would be located. It would be possible to vacate a 130 foot strip of right-of-way 10 feet wide on the east side and still meet the needs of engineering (see Exhibit B). The 10 feet of vacated right-of-way would allow the two vacant lots to the east to be expanded from 75 foot to 80 foot wide lots at the building pad area. 16200 Eagle Creek ~~~!lPrior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Lor::; z ~ 3 BLOCK 22 SPRING LAKE itJW>>SIT.E CON5TRUcr APRON INY.= 902.7 PROP05~O PONO LOCATION CONSTRUCT APRON 1 RIP.R,t\p INV~c903.3 2.83~ ... '- PR10R L.A1<f. ~ werLAJlO aou"'O~R'( , ir::- OJ:.... "~6; '~... '>. ---:. ,1 " ~~ ,~ ""t~ \.-: 'i\^ ~ CO + + + "+ rod ~~. ^ ~" ........ " CEN1ER ROAD EXHIBIT B '" N~ 1"= 40' NWL= ~03 HWL ='704.5 10' VACATION $TlllP 2872. --'10 SPRING LAKE .-/ J REGiONAL PAR~ LOTS -z. ~ 3 B)...OC.I< 22 SPRING ~AKr TOWNSITE .ftX 1~7JN6 HOusE. PROPOSED 30' EASEMENr 2630 ""'- PRIOR LAK E ~ .~ ..~. ',/1 ~ J I\~ 40' PROPOSED VACATION AREA \ " "";- '.- CENTER ROAD ~ 75 I +;_ 2672.. "-, MINNESOTA DEPARTMENT OF NATURAL RESOURCES EAST METRO AREA TRAILS AND WATERWAYS 1200 WARNER ROAD SAINT PAUL, MINNESOTA 55 106 612.772.7937 August 7,1996 Jane A. Kansier, AICP Planning Coordinator City of Prior Lake I 6300 Eagle Creek Avenue SE Prior Lake, Minnesota 55372-1714 Subject: Vacation of a Portion of Eighth Street, Lying Northeasterly of Center Road, and Adjacent to Prior Lake. Dear Ms. Kansier: I have reviewed the information concerning the above application for vacation. Our department has looked into this matter carefully, and has decided to oppose this vacation. Generally, the Department of Natural Resources opposes all such vacations of public right of way to public waters for a number of reasons: . It is impossible to project what potential public uses and value these rights of way could have in the long-term. Once vacated, they are lost to the public forever. . The state owns the lake bed. Therefore, public access to public water should be retained whenever and wherever possible. . The street is currently owned by the public; the public has the right to use it. That right should not be given away to private interests. The Eighth Street site has several outstanding features. Vacating the site would be a very significant loss: . The proposed vacation is directly across the street from a public park. Access to the park from the lake and vice versa adds a significant amenity to each. . The subject property is currently some of the last undeveloped lakeshore in the neighborhood. It acts as a natural buffer for wind, noise, storm water, and provides wetland and fringe zone habitat for numerous plant and animal species. . The property is r:urrently used and maintained by local residents as a lake access. The fully 1 wooded property has a mowed trail leading from Center Road to the lakeshore. . An underground storm sewer runs through the property and outlets at the lakeshore. Vacation would limit city options for improvements and maintenance. While visiting the site, I was informed by a neighborhood resident that there are city plans to upgrade the aforementioned public park; and that the subject property has been used and maintained by neighborhood residents for at least eight years. Considering the limited public opportunities around lakeshore, the unique characteristics and opportunities the Eighth Street site offers, neighborhood interests, and long-term interest of the public, the road vacation proposal should be denied. Thank you for the opportunity to comment on this proposal. If you have further questions, please contact me. since.~: d /r.d-7' ottJ. Kellil Area Trails and Waterways Supervisor c: Bill Johnson Kathleen Wallace Pat Lynch Mike Markell 2 ~rn @ [g D\YI~ ~~f ..... ~ . i . 9m3 \ - /.) July 17, 1996 Bryce D. Huemoeller 16670 Franklin Trail PO Box 67 Prior Lake, MN 55372 RE: Application for Street, Alley and Utility Vacation Dear Mr. Huemoeller: Thank you for your letter clarifying the area that you wish to vacate. As you know, State statutes requires that we give the Minnesota Department of Natural Resources a 30 day notice of the proposed public hearing for this vacation. We have notified the DNR that this request will be considered by the Council on Monday August 19, 1996. However, before this hearing can be held, we must also notify the affected property owners at least 10 days in advance. To do this, you must submit the names and addresses of the property owners adjacent to the right-of-way to be vacated. This list must be obtained from a certified abstract company. We must receive this list by August 1, 1996, to allow time to prepare the notices. I appreciate your attention to this matter. If you have any questions, please contact me at 447-4230. Sincerely, ~ ~). +~~ UJane -A. Kansier, AICP Planning Coordinator 96056Iet.doc 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER July 17, 1996 Pat Lynch Minnesota Department of Natural Resources Division of Waters 1200 Warner Road St. Paul, MN 55106-6793 RE: Vacation of a Portion of 8th Street Lying Northeasterly of Center Road, and Adjacent to Prior Lake Dear Mr. Lynch: The City of Prior Lake has received a petition to vacate a portion of 8th Street, lying northeaster of Center Road, as platted in Spring Lake Townsite. Since this right-of-way terminates at a public water (Upper Prior Lake), State statutes require that we notify the MN DNR at least 30 days prior to the scheduled public hearing. Attached is a copy of the hearing notice that will be published in the Prior Lake American. As you can see this vacation is scheduled for a hearing on August 19, 1996. This letter serves at the official DNR notice of this hearing. I would appreciate hearing any comments you might have on this vacation by August 5, 1996. Thank you for your help in this matter. If you have any questions, please contact me at 447-4230. Sincerely, ~^A~ Q.-K~ c.r;~:A Kansier, AICP Planning Coordinator Attached: Copy of Hearing Notice and Location Map 96056dnr.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER HUEMOELLER & BATES ATTORNEYS AT LAW 16670 FRANKLIN TR^IL POST OFFICE BOX 67 PRIOR ~KE. MINNESOT^ 55372 l^MES D. B^TES BRYCE D. HUEMOELLER July 8, 1996 Telephone (612) 447-2131 Telecopier (612) 447-5628 Jane A. Kansier, AICP City of Prior Lake, Planning Coordinator 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Re: Application for Street, Alley and Utility Vacation Dear Ms. Kansier: Enclosed pursuant to your request of July 3, please find a copy of a map with highlighted area we wish to have vacated. Sincerely yours, !t;i!A- /(jj. dUA-'7IUdL?v' / d- Bryce D. Huemoeller BDH:ab Enclosure \ \,.0\ \j'\ GO COUNTY OF SCOTT Lp.KE .t July 3, 1996 Bryce D. Huemoeller 16670 Franklin Trail PO Box 67 Prior Lake, MN 55372 RE: Application for Street, Alley and Utility Vacation Dear Mr. Huemoeller: The Planning staff has received your application for the vacation of a portion of 8th Street. In our initial review, we discovered a discrepancy between the legal description and the map you submitted. The legal description refers to a portion of 8th Street, yet the map you submitted highlights a vacated alley. We would appreciate it if you could clarify the area that you intend to vacate. In addition, your legal description should only include the right-of-way to be vacated. The resolution adopted by the Council will note the need for any exceptions. As a part of your application, you must also submit the names and addresses of the property owners adjacent to the right-of-way to be vacated. This list must be obtained form a certified abstract company. I appreciate your attention to this matter. This vacation requires that we give the Minnesota Department of Natural Resources a 30 day notice of the proposed public hearing. Once we receive clarification of the area you wish to vacate, we can set a hearing date and send the notice. The names and addresses can be submitted a week or so later. If you have any questions, please contact me at 447-4230. Sincerely, ~Ka~r,~ Planning Coordinator 16200 ~~P~eeek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER HUEMOELLER & BATES ATTORNEYS AT LAW 16670 FRANKLIN TRAIL POST OFFICE BOX 67 PRIOR LAKE, MINNESOTA 5S372 ~ JAMES D. BATES BRYCE D. HUEMOELLER June 27, 1996 Telephone (6121447-2131 Telecopier (6121447-5628 Donald Rye Prior Lake Planning Director 16200 Eagle Creek Avenue Prior Lake, MN 55372 Re: Request for Vacation of Part of Eighth Street, Spring Lake Townsite, Scott County, Minnesota Dear Mr. Rye: I enclose for consideration by the City Council an Application for Street Vacation relating to the portion of Eighth Street lying north of Center Street. A check in payment of the filing fee is also enclosed. Please note that the vacation is being requested subject to the reservation of storm sewer and utility easements in favor of the City over the west 30 feet of Eighth Street for existing and proposed storm water improvements. Please notify me of the date that the application will be considered by the Council. Call me if you have questions or need additional information. Sincerely yours, (Jf1 /, ,U . \UID1h~/~~^,-, Bryce D. Huemoeller BDH:ab Enclosure vc C1t? - rJ5b pmt 251330071 CITY OF PRIOR LAKE APPLICATION FOR STREET, ALLEY AND UTlLITY VACATION Applicant: Bryce D. Huemoeller Address: 16670 Franklin Trail. Prior Lake. MN 55372 Bcme Phone: (612) 447-2131 WOrk Phone: (612) 447-2131 Property Owner: Address: Bane Phone: Same as Applicant WOrk Phone: Legal Description of Site to be Vacated: That part of Eighth Street within the plat of Spring Lake Townsite, Scott County, Minnesota. described on the attached Exhibit A. ~ason for ~est: (May Attach) The reasons for this reQuest are set forth on the attached Exhibit B. SJBMISSION RmUIRFMENl'S: (A) Cbmpleted Application ferm. eB) Canplete Legal description & Property Identification Ntmber (pm) . ee) Complete legal description of vacation site. (D) Petition or letter including the signatures and addresses of all property owners who own land adjacent to the proposed vacation site. eE) Certified Survey of the proposed vacation site. (F) Filing Fee. ONLY COMPLETE APPLICATIONS $ALL BE. RE.VIEWm BY THE CITY' COUOCIL. To the best of ~ kn n presented on this foon is correct. June 24, 1996 Date Fee Owners Signature Date mIS SECrION ro BE FILLED our BY THE PLANNIN:i DIRECrOR CITY' COUOCIL CDNDITIONS: APPROVED DENIm HFARIN:i n\TE Signature of the Planning Director Date RECEIPT ~..~O 2T~8?J DATE L-l> . CJ~ I CITY OF PRIOR LAKE 4629 DAKOTA STREET S.E., PRIOR LAKE, MN 55372 - Recei ved of ~ltib{UW t &~ v whose address and/or legal description is the sum of fWD 1tvvv~Jeolu.D for the purpose of ---do I I ars -,. 1J~~1L-u~ ~~fo-[)512 sliJfJ /JD Reference Invoice No. ~{W &vv/fr- Receipt Clerk for t~ City of Prior Lake EXHIBIT A LEGAL DESCRIPTION That part of Eighth Street within the plat of Spring Lake Townsite, Scott County, Minnesota, lying northeasterly of the northeasterly line of Center Street, reserving to the City of Prior Lake perpetual easements for storm sewer and utility purposes over, under and across the northwesterly 30 feet thereof. EXHIBIT B REASONS FOR REQUEST Vacation of the portion of Eighth Street described in Exhibit A will facilitate development and maintenance of adjacent lots, and preserve the easements and legal rights necessary for the existing storm sewer line and proposed water quality pond referred to in the June 19, 1995 City Council minutes. Placing the vacated street in private ownership, subject to the City's utility easement, will facilitate day to day maintenance and upkeep of the area to the benefit of both the City and the neighborhood. Vacating Eighth Street will also permit one, or both of the two lots lying to the east of Eighth Street to be expanded. \ \,.0\ \J'\ GO COUNTY OF SCOTT l.AKE ,{ .~,. ",,1,.-, TRANSFER FROM NO. 21615 Oti.ginctUy lr.eg.uteJted the 11th day 06 May 1925 l'ofume I pltge 51 IIH JJ~ (li1 J {(-~J'j PJ IB..t"'1J~H ({ D];"'~ S'la/('l r:I' J~~ I 55 ~unll/ oj! Ycott 31~ ~ Uu ~ tlza~ B,~yc.e V. Huvtnorffn ~~~ 5500 Woodlawn C~c.te '6'oun~ tf' Sc.ott and 9'hk tf' tf' Pti.M Lalle /oUnneMta ;~ nmn ~r OI,."r~ ~ an, edhk, ~ uut,. ~~ . r;P~k 0/ (urd ~ Ik/dlmn~ ~ turd Jd'uakd ~ ~ 'tfoan~ tf' 9'cott and .9?a/~ o/f Jtnnr.wla, 10. Utlt: Tltat pa\t 06 LoU 9, 10, , I a~ld 12, Btoc.1l 23, SPRING LAKE TOWNSITE, Sc.ott Count!I, Miflfle~ota (y,ill!! f1MtluveMvlr.ey 06 the 60Uowing de~c.ti.bed tine: Commeflc.,iflg at the moM ~outhelr.fy c.olr.neJt 06 Lot 1, Btoc.1l 23, 06 ~aid pea.t;tltv,nc.e Nolltll 42 degltee~ 52 minutu 09 ~ec.onM We~t (aMumed beallblg J atong thv, ~~'ltllll'O tHe!! UM 06 ~aid Lot 1, a d.utaflc.e 06 61.00 6eet to the point 06 begi~Ulin9 06 the tinv .to be, deM.ti.bed; tehflc.e Nollth 47 deglte.v~ 05 m,inutu 36 6ec.ofld~ EnH a diHaflCV 06 300 6eet molr.e olr. tu~ to the nolltheMteJtty tine 06 Lot 12, Bloc.1l 23, and tllelr.e teltminatifl!]. .~'li'!l;~1 A,. ;". ,,,t'-u,,,ktu,r.ftJ, t;nA-and ,;,~~iI ndrd ~ 1A.'~nf,(''''ONaJ ~"rI"UN'~'If('". tvt. ,."rI~,.I,.d h"f'Nh a"d .J.I/~;.,.I A-J lA, /;'/tWr,/I/1 '~1A/.i."",rm:um~"'Ju~ ad-I'~Ua-~~Y~.$(}8,t.$. namr4t<' f, $;.".1, chi",,,,. "".,~A4~''''''r''''dA~, und&<tA"k.""""tA" 'ifon..lA~,AOn''JI''tA,. o/tuA-d.'A,A-.J, uuf,cA.tA,:, ,II"A- en",,"',,'i'''''' ~ #rn.. 0/ ,<<-t.' t, -'JA,. t"n n/ ""?' ",,1 1'''''I'''~'II",.r ".. .y.,.,.,,,1 ".,..,..Ju,u"I/", ,,,A,;.h tAr t,,,,{ A",. flnl I'M -",f,{ ,,1 tA,. ,lnA- 0/ tA,. ..alft"nil- "1"/,;;..., ,f. ,(~'{" tn,'" I" (7 /t,.",'nd nnl r.w,.,.,!,;,? tA""-/lraAt- I~,.n, M,~ td- nt'Alnl (l("r'rnAiln n/' tA, 1',,."":tr,1 tJ,,.n'UJr,I,.,. J. ,C@ ,'tJAlt ,n 1',,#;. A'tJAu"'!lA ,~"". tA" t",d; of, -,}~,. ,~AI 0/ #""t, "" ''/IAI ~. #"".. ""d ,.",,1,,11 tAr. #tcn/'ivl' "d'd "It"""d ~'I tA,;, ..A'0k", 6'. ,'YA,.. ,,?AIA. ~ a,,~../t'AUIn' U,,/tO..t.df",ld/M' un~lt-dN''' ~ r.nn."ar~/rut~ ~,.d?nn'. lA, tuN'" r;" ,.,....I;4rnA- ,y'~~, 7, .,c(,,!/. ""t,I""du.,' nuocAanu-d- tm ,~ uokc,{ m",? ~ 1HfLI,~ JrI'.&NM. .$ f.# ,(}f A>.$ f.# ,n. ,'7/.", tA" ,In,;1 'JI" 0/ tA,. "t1" 46 ,V"",.I.. Bltyce V. Huemoellelr. .u i& mn",;...t r/,.I{'/{!,(y tU,r/ .i& ""rI,,. to Ka.thllyn J. HuemoelleJt, 45 yeaM 06 age, n~ In lIUlitntlll Wheuttf, .~ k_ ~ ~'kd "'!I' no__ and "/?f.-f tA" JrnI 0/"';'1 ,.,f'"", tAu 7th tIn:t.oI Jltl1UM.y f' 9.l 12..iJ ~ PAOL 1f1.,/tt~tSKIRCIIEN RF.GI,";~Of' T1T1.f:'l ~euu:tr-""'~~ oIYmlteuu:t.'A.A. 'JI".lIuw,<nh BY(~ 1\ 11~1\1 {)U.... \.L ryJ fut?lk.J-. 6aAemma {UC- lffo4a',?e4' on the !l1:md ~ed en.. the- lff_/~Mk 0/ 5 iIIe o4(,I'f,lo allarA",/ {lOc:lIM(t-.lT NllMf1rn AMOUNT RUNNING IN FAVOR OF SIGNATURE OF REGISTRAR 16l'l'~ H'~(1 Mtg 2/1/90 I,IS 7/10/89 $20,000.00 Edl.l!-in R. P-iefllttVtdt 8w /.laJty Ann f6SN A~~i9tl 6 Amend 55751 Mtg 1/2~/92 9 11/21/92 Re: /.ltg -4B1S0..He Itee 652'~ SIlt 481S0 8-9-93 9 6-1-93 Jame.6 J. Vunn 6w Unda. M. Palll W. Wnml' ~ It! ,dll'll ~df'1i "'- J;A~ ,1UJut" Pat Boeelmtan by /r(. ._-/ ,I I . "A9n VOLUME 7S rAGE THIS IS YOUR OWNER'S nUPLlCATE CERTIFICATE. KFfP IT 11,1 A SAFE PLACE 104 "Owner' 5 Duplicate Certificate" " "".. . .~. 2S220 l;~"(,l' P. 1Illl'ml'rffrIL OWNER . '/,.,,// <(",(/ 11 ~"I M" N 1t:lIE'~)GJ:.~~~ ,. ,'1"'1 AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTI ) )ss STATE OF MINNESOTA) of the City~ior Lake, Co ty of Scott, State of Minnesota, being dul sworn, says on the . day of , 1996, she. served the attached list of persons to have an interest in the ~ JJ. q~-()6" , by mailing to them a copy thereof, enclosed in an envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. Subscribed and sworn to be this _day of , 1996. NOTARY PUBLIC MAILAFFD.DOC PAGB NOTICE OF PUBLIC HEARING TO CONSIDER THE VACATION OF THE PORTION OF 8TH STREET LYING NORTH OF CENTER STREET AS PLATTED WITHIN SPRING LAKE TOWNSITE You are hereby notified that the Prior Lake City Council will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE. (Southwest of the intersection of County Road 21 and Fish Point Road) on Monday, August 19, 1996, at 7:30 p.m. or as soon thereafter as possible. The purpose of the hearing is to consider vacating the following legally described 8th Street right-of-way Legal Description: That part of Eighth Street within the plat of Spring Lake Townsite, Scott County, Minnesota, lying northeasterly of the northeasterly line of Center Road This area is more commonly described as the platted right-of-way for 8th Street located northeasterly of Center Road and southwesterly of Prior Lake, between the properties at 2836 Center Road and 2818 Center Road. If you wish to be heard in reference to these vacations, you should attend the hearing. Oral and written comments will be considered by the City Council. If you have questions regarding this matter, contact the Planning Department at 447-4230. Prepared this 17th day of July, 1996 by: Jane Kansier Planning Coordinator TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN AUGUST 3, 1996, AND AUGUST 10, 1996. 96056pn.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER \ \ \,-0\ Go\J'\ COUNTY OF SCOTT .1 vc pmt Clio - ()56 251330071 CITY OF PRIOR LAKE APPLICATION FOR Sl'REEI', ALLEY AND UTILITY VACATION Applicant: Bryce D. Huemoeller Address: 16670 Franklin Trail. Prior Lake. MN 55372 Heme Phone: (612) 447-2131 ~rk Phone: (612) 447-2131 Property Owner: Address: Heme Phone: Same as Applicant ~ rk Phone: Legal Description of Site to be Vacated: That part of Eighth Street within the plat of Spring Lake Townsite, Scott County, Minnesota. described on the attached Exhibit A. ~ason for ~est: (May Attach) The reasons for this request are set forth on the attached Exhibit B. SJBMISSION REOUIREMENI'S: (A) Completed Application ferm. (B) Complete Legal description & Property Identification Nurrber (PID). (e) Complete legal description of vacation site. (D) Petition or letter including the signatures and addresses of all property owners who own land adjacent to the proposed vacation site. (E) Certified SUrvey of the proposed vacation site. (F) Filing Fee. ONLY OJMPLEI'E APPLICATIONS $ALL BE. REVIEWED BY THE CITY o)UOCIL. To the best of my kn~ the infoz:rnqfipn presented on this form is correct. \1P14t.ayr^v~l~ June 24, 1996 AppliCants Signature Date Fee Owners Signature Date THIS SECTION 'ID BE FILLED OUT BY THE PLANNIN:; DlRECI'OR CITY o)UOCIL APpRCVEI) _DENIED EFARIN:; DATE CDNDITIONS: Signature of the Planning Director Date \ EXHIBIT A LEGAL DESCRIPTION That part of Eighth Street within the plat of Spring Lake Townsite, Scott County, Minnesota, lying northeasterly of the northeasterly line of Center Street, reserving to the City of Prior Lake perpetual easements for storm sewer and utility purposes over, under and across the northwesterly 30 feet thereof. EXHIBIT B REASONS FOR REQUEST Vacation of the portion of Eighth Street described in Exhibit A will facilitate development and maintenance of adjacent lots, and preserve the easements and legal rights necessary for the existing storm sewer line and proposed water quality pond referred to in the June 19,1995 City Council minutes. Placing the vacated street in private ownership, subject to the City's utility easement, will facilitate day to day maintenance and upkeep of the area to the benefit of both the City and the neighborhood. Vacating Eighth Street will also permit one, or both of the two lots lying to the east of Eighth Street to be expanded. HUEMOELLER & BATES ATTORNEYS AT LAW 16670 FRANKLIN TRAIL POST OFFICE BOX 67 PRIOR LAKE, MINNESOTA 55372 JAMES D. BATES BRYCE D. HUEMOELLER July 17, 1996 Telephone (612) 447-2131 Telecopier (612) 447-5628 Jane A. Kansier, AICP City of Prior Lake, Planning Coordinator 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Re: Application for Street, Alley and Utility Vacation Dear Ms. Kansier: Enclosed pursuant to your request of July 3, please find the original report of names and addresses of property owners adjacent to That part of Eighth Street within the plat of Spring Lake Townsite. Sincerely yours, \~/J- j,J. ffi-tA/mH(j?1/ /a4- Bryce D. Huemoeller BDH:ab Enclosure NEW ABSTRACTS CONTINUATIONS CLOSING SERVICE REGISTERED PROPERTY ABSTRACTS TITLE INSURANCE RECORDING SERVICE SCOTT COUNTY ABSTRACT AND TITLE, INC. 223 HOLMES STREET, P.O. BOX 300 David Moonen and Dale Kutter Telephone: (612) 445-6246 FAX: (612) 445-0229 SHAKOPEE, MINNESOTA 55379 qGOSb ~ July 10, 1996 . Huemoeller & Bates Attn: Ann Buszmann P.O. Box 67 Prior Lake, MN 55372 To whom it may concern: The following is a list of names and addresses of the property owners adjacent to the following described property: That part of Eighth Street within the plat of Spring Lake Townsite, Scott County, Minnesota, lying northeasterly of the northeasterly line of Center Street, reserving to the City of Prior Lake perpetual easements for storm sewer and utility purposes over, under and across the northwesterly 30 feet thereof. SCOTT COUNTY ADMINISTRATION 428 HOLMES STR. SO. SHAKOPEE MN 55379 PATRICK J. SOLLER 2836 CENTER RD SW. PRIOR LAKE MN 55372 BRYCE & KATHRYN HUEMOELLER 5500 WOODLAWN CR. SE PRIOR LAKE MN 55372 HUEMOELLER & BATES 16670 FRANKLIN TR., SUITE 200 PRIOR LAKE MN 55372 SCOTT COUNTY ABSTRACT AND TITLE, INC. JJ}J ~ 1/)/ t /1-- David E. Koonen President ~ MEMBER MINNESOTA LAND TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY "". '"r,M....,..W'.:..~ '/'h'~',:"""'~. /1..,.....,1.;11+ ~ ~.".., .'n ,.," ..~ 1- -'1" I ~ 1 ".,,, .. :~,.. i'. .",1 .,./ ." " U". "1':1"t~":~~t"",,\,')_'.t,..'.....,",\-,"~'.-~.. '. " ~ .,n .Jrm fAt>>. .' . ~ -""'<*'..' '''. '.'.<0" t ~ }. l"\l'",!,~.i... ?i't;._~, .....\......, '......, ,- ~".' . "', - ,'P,. <-' . ii; t;\.!'i'''''!'!ji!p ..:....t~y. . j~. "";~~:1tI,-.;.fo$'",,,,^~~Y,:~"~; Certified Fee Special Delivery Fee Restricted Delivery Fee C'? ~ Return Receipt Showing ... to Whom & Date Delivered Return Receipt Showing to Whom, Date, and Addressee's Address TOTAL Postage & Fees Postmark or Date ,!ff/C)(; ~ f2 ttl ~ 0" o CO C") E o u. en a.. $ ~ L{- 2- J- 7 1&~ Lf7V: I~Q- yW r~ r'g,udpt (.Qi)W/)W 500 he esti. resolu. Ie SUms Jf SUms ler PUr. ptional ~r shall ection. specify hich {t d from I lnding ing the ~ paid, I :t. The I ,burse. ! , , ! reseen Jr any iinary y debt seven 'e lev- "such nbers ews- )ub- and ;t to llue tn 0 "(BV fLte STATUTORY cmES 412.861 !>QI .412.851 VACATION OF STREETS. The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners ofland / .butting on tbe street, .lIey, pnblic grounds, pnblic w.y, 0' part the..ofto be vacated. ~(U~ (When there has been no petition, the resolution may be adopted on.\y by a vote of four- ( i S; ~ fifths of all members of the council. No such vacation shall be made unless it appears ~ in the interest of the public to do so after a hearing preceded by two weeks' published tr7J' and posted notice. The council shall cause written notice of the hearing to be mailed, ~uJ to each property owner affected by the proposed vacation at least ten days before the -: hearing. The notice must contain, at minimum, a copy of the petition or proposed reso- lution as well as the time, place, and date of the hearing. In addition, if the street, alley, public grounds, public way, or any part thereof terminates at or abuts upon any pub- I::l1J e, ^-J lic water, no vacation shall be made unless written notice of the petition or proposed - 3'-O~ . resolution is served by certified mail upon the commissioner of natural resources at least 30 days before the hearing on the matter. The notice to the commissioner ofnatu- ral resources is for notification purposes only and does not create a right of intervention by the commissioner. After a resolution of vacation is adopted, the clerk shall prepare\ a notice of completion ofthe proceedings which shall contain the name ofthe city, an J identification of the vacation, a statement of the time of completion thereof and a description of the real estate and lands affected thereby. The notice shall be presented to the county auditor who shall enter the same in tne transfer records and note upon the instrument, over official signature, the words "entered in the transfer record." The notice shall then be filed with the county recorder. Any failure to file the notice shall not invalidate any such vacation proceedings. History: 1949 c 119 s 102,' 1953 c 735 s 12; 1957 c 383 s 1; 1967 c 289 s 15; 1969 c 9 s 85; 1973 c 123 art 2 s 1 subd 2; 1973 c 494 s 11; 1976 c 181 s 2; 1986 c 444; 1989 c 183 s 4; 1990 c 433 s 2 412.861 PROSECUTIONS, VIOLATIONS OF ORDINANCES. Subdivision 1. Complaint. All prosecutions for violation of ordinances shall be brought in the name of the city upon complaint and warrant as in other criminal cases. If the accused be arrested without a warrant, a written complaint shall thereafter be made, to which the accused shall be required to plead, and a warrant shall issue thereon. The WalTant and all other process in such cases shall be directed for service to any police officer, marshal, process officer, court officer, or constable of any town or city in the county, to the sheriff of the county, or all of them. Subd. 2. Form and contents of complaint. It shall be a sufficient pleading of the ordi- nances or resolutions of the city to refer to them by section and number or chapter. They shall have the effect of general laws within the city and need not be given in evi- dence upon the trial of civil or criminal actions. Judgment shall be given, if for the plaintiff, for the amount of fine, penalty, or forfeiture imposed, with costs; and the judg- ment shall direct that, in default of payment, the defendant be committed to the county jail for such time, not exceeding 90 days, as the court shall see fit. The commitment shall state the amount of judgment, the costs, and the period of commitment. Every person so committed shall be received by the keeper of the jail and kept, at the expense of the county, until lawfully discharged. The committing court may release the defendant at any time upon payment of the fine and costs. Subd. 3. Appeal to court of appeals. Appeals may be taken to the court of appeals in the manner prescribed by court rule. On appealing, the defendant shall give bond ~o the city, to be approved by the court, conditioned that, if the judgment be affirmed 10 whole or in part, the defendant will pay the judgment, and all costs and damages awarded against the defendant on the appeal. In case of affirmance, execution may issue against both defendant and the defendant's sureties. Upon perfection of the appeal, defendant shall be discharged from custody. History: 1949 c 119 s 103; 1953 c 735 s 13; 1955 c 867 s 7; 1973 c 34 s 5; 1973 c 123 art 2 s 1 subd 2; 1976 c 2 s 132; 1983 c 359 s 66; 1984 c 387 s 2; 1986 c 444 " t .. .. SEPTEMBER 30, 1994 '-.. ,~-" - -- - "-~~..~~_."""~ - -- ~ --.,. .J 4) Eighth Street -- This platted roadway has a storm sewer line running through it to the lake. No parking is available, except on Center Road. The property is fully wooded with a mowed trail which meanders through the property to the lake. There are two vacant lots to the east. II Suggested Classification: Vacate a portion of the right-of-way on both sides of Eighth Street. Consider constructing a storm water quality pond at the end of the storm sewer outlet. Retain enough easement as required for maintenance access and construction of the water quality pond. r_--: -,I .. - - - .. ... ... .. ... .. 15 - '] "I ,"\ GO'4 COUNTY OF SCOTT -, I j , PR\OR LA\(E. 1 N --, - - - { .. ~ - ... f!!' .." .." ACCESS 4) .... * Z o ;J> (') .-+ .... o ::s ~ (l) ..0 S. ""I (l) p.. ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... \0 00 -....l 0\ VI ~ vJ N ...... \0 00 -....l 0\ VI ~ vJ N ...... 0 '-' '-' '-' '-' '-' '-' '-' '-' '-' '-' '-' '-' '-' '-' '-' '-' '-' '-' '-' ~ ~ ~ l' ....., en tI1 ....., l' l' 'Tj () ~ ~ ~ en "tl l' 'Tj ~ ~ tI1 ....... ~ ....... 0 l' 0 ~ Z 0 ~ ~ -< 0 ~ ....., tj z -< f3 en ~ :r: tI1 ....., tI1 gg ....., vJ 0 ....., tI1 tI1 tj :;0 ~ ....., ~ I ~ ~ ;J> ~ ><: ><: "tl ~ en ~ > 0 0 () ~ :r: () 0 en 0 -< en to to 0 0 en -< tI1 ;J> tI1 en tI1 E; 5Z tI1 E; ....., tl1 ;J> ....., en E; ~ tI1 tI1 Z ~ Z tj () ~ () tj ;J> ;J> ~ -< ~ ~ ....... en "'"' ....., en c: Z ~ "'"' l' 0 () () p1 en tI1 > 0 tI1 :r: :r: to tI1 ~ tI1 0 tI1 () 0 ....., () ....., tI1 tI1 ....., Ro () tI1 ....., l' c: ~ "'"' N ;J> ~ tI1 ....., tI1 ....., () vJ en 8 ~ ....., ~ trl ~ "0 () l' Z "'"' :r: :r: en 00 '-' 0 :r: '-' 0 '-' 00 l' ::t 0 l' tIl ....., ~ c: a en ....., ~~ ;i :r: :r: '-' '-' tIl ;J> (') (') (l) en tIl '-' z-< -< "tl-< ~ ~ en ~ -< -< -< ~ () ~ en ~ -< ~ Z en .....,;J> ;J> ~;J> () ;J> ;J> > ~ () ;J> 0 () () tI1() () tI1() ~ ~ () () () ~ ~ ~ () ;J> ~ 0 ~~ > ....., @ ;J> )- )- ....., en )- > ....., ~~ tI1 tI1 ....... ....... tI1 () ....... ~ ~ ~ () ~ ....., ....., ....., ~ tj () z ....., ~ ....., () entI1 tI1tI1 0 tI1 tI1 tI1 tI1 0 tI1 ....... 0 .....,tj l' Zen )- ;J> -< ;J> l' tj vJ ;J> :;0 ;J> -< )- ...... )- 0 -< () en~ Z I-l ;J> .....,....., en () () )- ~ 0 () en en 0 () t"" tI1 -< tI1 tI1 en ~,~ ....... () Fl () en )- () ....... Fl ....... 0 () ~ Fl ~~ ....., en tI1 tI1 ....., tI1 > en en tI1 t:l VI en 0 en vJ ~ ....., en () 0 Z en D 0 trl ~~ 0 en en 0 "tl ~ :/) )- tI1 en () ~ ~'Tj 0 c: ....., 0 )- c: 0 I-l ~~ 0 ~ 0 to Z ~ ~ ~ 00 >l' tj en I-l 'Tj 'Tj l' ....., 0 :;0 .....,~ :;0 ....... 0 0 tj 2: tI10 () 'Tj en 0 0 ....... "'"' z 6 ~to ;J> Z ~ 0 I-l 0 tI1 t:I 0 :;OtI1 0 ....., 6 0 00 "tl (tl ~....., (tl tI1 = ~ 'Tj a c: 0 .....,~ 0 (tl to ~ 00 a l' ~ tT:1 ....., 0 ~ ....... Z en ~ () ~ '-' ~ z z 0 0 z 0 ~ > ...... > ~ ...... g ...... ...... f ~ ...... t:l 0 ~ p ~ 5 5 5 ~ 5 0 0 (') (') ~ (') s= s= t:ltrl ~ ~ r+ r+ r+ ~ (JQ (') (l) (l) (l) (l) (') z (l) J'-> J'-> N N ::r" ...... ::r" ...... ...... ...... ...... ...... ::r" )- ...... >Q ~O\ ~O\ ...... ~ ~O\ ~-....l ~-....l ~-....l ,?, ~\O ~\O ~\O ~ -l:1i ~O\ ~\O ~oo ~ ~ ~ ...... ...... ...... ...... ...... ...... ...... ...... trll-l \0 \0 ...... \0 ...... ...... ...... ...... ...... ...... ...... ...... * ...... \0 \0 \0 \0 \0 \0 \0 \0 \0 \0 \0 \0 \0 \0 \0 \0 \0 \0 0 \0 \0 VI VI \0 VI \0 \0 \0 \0 \0 \0 \0 \0 \0 \0 \0 \0 2: VI VI ~ VI VI VI VI VI VI VI VI VI VI VI VI * * * > en tI1 en Z Z Z ....... () Z tI1 Z tI1 en Z tI1 Z Z Z ::s p.. ~ tIl ~ ~ ~ ~ tIl ~ ~ tIl ~ ::s ~ ~ tIl g. .-+ t!9. .-+ ~ ~ ~ p.. e. ~ ~ "0 .-+ ...... .-+ * * * ...... en * ...... * ::s s- * ...... g- o .... 0 ....... .... (l) .... tIl tIl tIl (l) tIl ca ::r" -g "0 0 ::r" ::2. "0 ::r" .-+ (l) tI1 0 S' <: ~ (l) Pl ::s Pl en :;0 (JQ ~ .... .-+ p.. en en (JQ (l) tIl ~ Pl Pl tIl -< (') .-+ Pl (') .... (l) 0 (l) .-+ ~ i (IQ ;J> e. i e. 0 ca ::s (') Pl () (') 0 (') p.. en 0 ::s 0 ~ Ei. en en ~ )- 0 en en 0 (l) (') (') ::s p.. ....., <: 0.: ::s <: .-+ .-+ (l) 0 ::r" Z (l) (l) 0 (l) 0 (l) e. ~ ""I ""I ~ ""I p.. 0 ...... ...... "0 Pl (') E:; 0 0 Pl 0 ""I (') 0 0 ~ 0 0 0 tIl ~ 0 ~ > (') g: (l) <: 0" 0 "'"' ~ 0" "'"' t:7j() tIl ~ .... >-+, .... (l) .... S' 0" ...... ::s ...... .... tIl 0 (l) 0 ""I (l) ~:j .-+ (l) en "0 tIl ~ en:; en ~ ~ 0 ;J> (l) S" e. ()o l' ""I ...... en (') ...... ~ ...... e:. ~. ...... 1-l2: (l) ""I ~. 0 0" ~. 0" ~~ tIl (') .... (l) (l) ~ 0 en (l) ::s ::s -g ~ ::s s- a e. (') (') 0:; en ::r" F" 00,0 (l) ...... aq' ::s p.. ~S g. g Pl tIl ::s Ro p.. ""I "0 (l) .... (l) ~ 0" "0 (JQ 0> i 0 ~ ~~ ~ (l) ~ p ::s ::2. ::r" i ""I 0 .-+ (') ~ t:l fIl e: "tl ::r" .-+ 0" .... p.. (l) (l) 8: tIl ::r" ::s ::s tIl ""I 0 "0 ...... P. ~ ~. E; [ ...... (') ::s ::r tIl 0 (l) (JQ I 0 S' tIl 0 0 !'l 0 >-+, t-I) 'j1'l 0 (JQ "0 ....., ~ "0 tIl a ""I (l) ':-' Pl ""I .-+ .... ~ 0 ...... (l) .... 0\ ""I:; 0 0 ::s 0 en "'"' .... tIl ~ (JQ .... ::s (JQ tIl ::s '-' ':-' (j o ~~ ~~ >t::1 (")trj !jr1 trj:-4 oora 000 oo~ 1-300 SO t<~ ~ == trj