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Home My WebLink AboutVC95-04 Vacation WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, RESOLUTION 95-63 RESOLUTION PROVIDING FOR THE V ACA TION OF WATERFRONT WITHIN THE PLAT OF SUNSET SHORES BY: GREENFIELD _ SECOND BY: SCHENCK a petition for Waterfront 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 Waterfront situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: That part of Waterfront as platted in Sunset Shores which lies Northerly of the westerly extension of the Southerly line of Lot 6, Sunset Shores to the shore line of Spring Lake and Southerly of the Westerly extension of the Northerly line of Lot 7, Sunset Shores to the shore line of Spring Lake. notice of the hearing on said petition has been duly published and posted in accordance with the applicable Minnesota Statutes, and a Public Hearing was held on said petition on Monday, August 7, 1995, at 7:45 p.m. in the Council Chambers at the Prior Lake Fire Station # 1; and 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 the City Council of Prior Lake has determined that the vacation of said Waterfront 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 Waterfront situated in the City of Prior Lake, Scott County, Minnesota is hereby vacated. BE IT FURTHER RESOLVED that this Resolution will be Corwarded to the Office of the County Recorder, Scott County, Cor appropriate action. Passed and adopted this 7th day of August, 1995. Seal NO ANDREN GREENFIELD KEDROWSKI SCHENCK SCOTT "V A04RS" 1 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTIJNITY EMPLOYER AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: .~} BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 6A DEB GARROSS, ASSISTANT CITY PLANNER PUBLIC HEARING TO CONSIDER APPROVAL OF RESOLUTION 95-63 AUTHORIZING VACATION OF "WATERFRONT" PLATTED WITHIN SUNSET SHORES AUGUST 7, 1995 On June 24, 1995, the Planning Department received an application from James K. Senstad and Colleen Moynihan to consider the vacation of platted waterfront adjacent to Lots 6 and 7, Sunset Shore. The applicant desires to register the property via the torrens system. The waterfront was dedicated to the public in 1931 when Sunset Shore was originally platted. The waterfront is that land area that is located between the westerly property line of Lots 6 and 7 and the waters edge of Spring Lake. The City of Prior Lake has vacated parts of the waterfront in separate vacation actions held in 1977, 1978, 1984 and 1990. See attached for waterfront vacation locations. Staff has notified the DNR, private utility companies and adjacent property owners of this vacation request. The attached notice of public hearing was published in the Prior Lake American on July 22 and 29, 1995 as required by M.S. 412.851. The Scott County Recorder's Office does not anticipate any problems with the filing of attached Resolution 95-63 which calls for the vacation of waterfront adjacent to Lots 6 and 7,Sunset Shore. In a vacation request, the City must determine whether there is a public need or anticipated future need for the dedicated property. There are no public or private utilities within. the proposed vacation site. The proposed vacation is consistent with previous Council discussions related to the Waterfront within this plat. The attached map indicates the location of the Sunset Shore scenic overlook site, (Lot 3, Sunset Shore). The proposed vacation site is located approximately 1 DO' north of the scenic overlook site adjacent to Lot 3, Sunset Shore. Staff 16200'I?~~~"Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER does not anticipate that the waterfront legally described in this application, will be needed for future public purposes. ALTERNATIVES: 1. Adopt Resolution 95-63 approving the vacation of waterfront located adjacent to Lot 6 and 7, Sunset Shore. 2. Continue or table action on Resolution 95-63 for specific purposes identified by the City Council. 3. Determine that the waterfront identified in attached Resolution 95-63 is needed for current and/or future public use and deny the petition for vacation. RECOMMENDATION: Alternative #1. ACTION REQUIRED: A motion to adopt Resolution 95-63 as submitted or with specific changes directed by the Council. ired to close the public hearing. 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Z'o'"E I ~;l "i"" :"(1 ~, <~ :~ ~,;;; ',' "~ , />'7/":: l.:7d!;' j I~<.J ~ '77"9~ ~ ~ ~'_ p~-f' ,,~ r'" , it. <, ,~ , . II, ,'\' ~ ~ :~ ~~ II, ~ ,~ \'l X~ !\' ~: ~1 ~~ ~ .~ ' t_ ...:. \I)~ ~-~ '\.'.;, t, " '~\~ (' , 1::''',,' I ~ . ~\ ~ ~ W~' (j -. ~?'~ ~' 8..//:...... ---". b y.=-'> A' -y '?1-1 ~-=jp'/ ./ 9.4/' cY'c/~ ~t NOTICE OF PUBLIC HEARING TO CONSIDER VACATION OF "WATERFRONT" PLATTED WITHIN SUNSET SHORES 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 7, 1995, at 7:45 p.m. The purpose of the hearing is to consider vacating the following legally described "Waterfront." "Waterfront" Legal Description: That part of Waterfront as platted in Sunset Shores which lies Northerly of the westerly extension of the Southerly line of Lot 6, Sunset Shores to the shore line of Spring Lake and Southerly of the Westerly extension of the Northerly line of Lot 7, Sunset Shores to the shore line of Spring Lake. or more commonly known as the vacation of the platted waterfront located between the west property line of Lots 6 and 7, Sunset Shores, (17200 Sunset Trail), and the lake of Spring Lake. 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 6th day of July, 1995 by: Deb Garross Assistant City Planner TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN WL Y 22, 1995, AND WL Y 29,1995. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER MINUTES OF THE PRIOR LAKE CITY COUNCIL August 7, 1995 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, August 7, 1995 at 7:30 p.m. in the Council Chambers. Present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, Schenck and Scott, City Manager Boyles, Public Works Director Anderson, Planning Director Rye, Assistant City Engineer Wingard, Assistant Planner Garross, Parks Director Hokeness, City Attorney Rathke and Recording Secretary Birch. 2. PLEDGE OF ALLEGIANCE - Mayor Andren led the pledge of allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS COUNCIL MEETING MINUTES. MOTION BY SCOTT, SECOND BY GREENFIELD TO APPROVE THE MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. CONSIDER APPROVAL OF SPECIAL COUNCIL MEETING - Councilmember Greenfield noted that it should have indicated that he was out of town. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE THE MINUTES OF THE SPECIAL MEETING. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. Councilmember Greenfield abstained. 4. CONSENT AGENDA: a) Consider Approval of Resolution 95-74 Authorizing a Minor Amendment to the Preliminary Plat for Woodridge Estates. b) Consider Approval of Resolution 95-71 Approving Plans and Specifications and Ordering Advertisement for Bids for Project 95-04 Public Works/Parks Maintenance Facility. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~~ (//fccd-zi/t-... . Minutes of the Prior Lake City Council August 7, 1995 c) Consider Approval of Resolution 95-69 Approving a Conditional Use Permit to Allow a Public Building in the 1-1 Business Park District. d) Consider Approval of Ordinance 95-10 Amending City Code Title 3, Chapter 12 of the Outdoor Concert Ordinance. MOTION BY GREENFIELD, SECOND BY KEDROWSKI TO APPROVE THE CONSENT AGENDA ITEMS (a) thru (d). Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. 5. PRESENTATIONS: None ~ PUBUC HEARINGS: 7:45 P.M. A. Public Hearing to Consider Approval of Resolution 95-63 Authorizing Vacation of 'Waterfront" Platted Within Sunset Shores Public hearing was called to order at 7:45 p.m. Mayor Andren called the public hearing to order at 7:45 p.m. Assistant Planner Garross presented an overhead and discussed details of the request by the applicant, James Senstad and Colleen Monyihan to vacate property originally dedicated to the public in 1931 when Sunset Shore was originally platted. Neither the DNR or public utility companies have indicated any objections. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO ADOPT RESOLUTION 95-63 APPROVING THE VACATION OF WATERFRONT LOCATED ADJACENT TO LOT 6 AND 7, SUNSET SHORES. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. MOTION BY KEDROWSKI, SECOND BY SCOTT, TO ADJOURN THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. M80795C.DOC 2 " vc 016" -~ P!Dt Rr-:2s/.3 if c::Jo.s- 0 CITY OF PRIOR LAKE APPLICATION FOR SI'REEI', ALLEY AND UTILITY VACATION "- Applicant: ?::~H?R.~ cj;cw<r &cY ---:-- (}> //<?",e; tV 4,,'1' -v / A A;N Address: /7. _CJ _~ __f"'o-+ .."L~~/ /-~~./d/f7 -L Ar~ Bane Phone: .q~7 - 41":) r 1 N:>rk Phone: L r--'I'.-? 2f; Property Owner: d4~6s ...J"6>v.r?!#a/- CcJ/45&,IU' $dYA//:AA~ Address: /707..-1.0 J-~N .rc'7' '7'4'~;/ - ~~I'J~ .LAYG Bane Phone: </d,,?- 40 ~ 9 N:>rk Phone: ~~7- .yo/' 9 Legal Description of Site to be Vacated: #k ~ c4 e7 0/ ..A?cJ' C" r/~; 4/ Jt- A IEason for lequest: (May Attach) o~ YA/AJ '7o;f"tf? &' ~ ..r ~r/E , SJBMISSION REDUIREMENI'S: (A) Completed Application ferm. (B) Q,mplete Legal description & Property Identification Nunber (pro). (C) Complete legal description of vacation site. (D) P.a,titien er 19tter including th9 &:i.r;:ilt-tlres 'aR8-- ad8res~€s or all propert)7 Q;....P.t:S: woo own laud ClJjacel1L Lo the proposed q&;.aL.i.vll site. (E) Certified Survey of the proposed vacation site. (F) Filing Fee. ',oo.on) /Gtt) ONLY COMPLETE APPLICATIONS 9W.L BE. REVIEWED BY THE CITY COUOCIL. To the best of my knowledge the information presented on this form is correct. c::::2--'- /f/~~ L5~~~- ~licants Signature Da~ ~~ t:./.J-f4/<l5'- ~~ Fee ~~ Da:e ~-~ THIS SEX:'ll ON 'ID BE FILLED OUT BY THE PLANNIN:; DIREC1'OR CITY COtOCIL APPROJED DENIED 3' / 1- CJ5 HFARIN:; DATE COIDITIONS:~ ~lu11(A1) q5-Co3 W~CU1.J1Jl1P Signa re of the Planning Di rector (j ~(f, q) Date .. - . L4'VUf 1l? e~f 'Pu.:. LAND SURVEYORS 8713 DUPONT AVENUE SOUTH BLOOMINGTON, MINN. 55420 888.2084 -qvN#_~ ......~ June 23, 1995 DESCRIPTION FOR VACATION OF WATERFRONT IN SUNSET SHORES That part of Waterfront as platted in Sunset Shores which lies Northerly of the westerly extension of the Southerly line of lot 6, Sunset Shores to the shore line of Spring lake and Southerly of the Westerly extension of the Northerly line of Lot 7, Sunset Shores to the shore line of Spring lake. {.~ /'.',' . pK\ t..~ IJa~~~~I~~l'UJ~~,_...",,,,,_~J ~L"lj,""l",IJ,....JUl UI ., ., E)';0~/ /- - / .d ABS'+'RACT OF TITLE .to Starting at a point which is 1688 feet West N6l"tb 17 degrees East 200 feet and North 7 degrees East. 50 feet from the South east corner of the North East Quar- ter of the Korth West'Quarter of Section Ten (10), Township one,hundred fourteen (114), Range Twenty-two (22), Scott County, Minnesota; and running thence North 7 degrees East 100 feet; thence West 160 feet; thence South 7 degrees West 100 feet; thence East 160 feet to the point of beginning, containing 36/ioo acres. I I t, ~. ,/ fij July 6, 1995 Pat Boeckman Scott County Recorder 428 South Holmes St. Shakopee,~ 55379 RE: Resolution 95-63 Dear Pat: Enclosed for your review find Resolution 95-63 for the Vacation of Waterfront within the Plat of Sunset Shores. Please comment at your earliest convenience. Thank you. Sincerely, c~!~~~<- CC{j~fYL- Planning Dept. Secretary enc. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Document6 PAGE ~ NOTICE OF PUBLIC HEARING TO CONSIDER V ACA TION OF "WATERFRONT" PLATTED WITHIN SUNSET SHORES 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 7, 1995, at 7:45 p.m. The purpose of the hearing is to consider vacating the following legally described "Waterfront." "Waterfront" Legal Description: That part of Waterfront as platted in Sunset Shores which lies Northerly of the westerly extension of the Southerly line of Lot 6, Sunset Shores to the shore line of Spring Lake and Southerly of the Westerly extension of the Northerly line of Lot 7, Sunset Shores to the shore line of Spring Lake. or more commonly known as the vacation of the platted waterfront located between the west property line of Lots 6 and 7, Sunset Shores, (17200 Sunset Trail), and the lake of Spring Lake. Jl/\W ~ 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 6th day of July, 1995 by: Deb Garross Assistant City Planner TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN JULY 22, 1995, AND ruL Y 29, 1995. 7~J7-7) Minnegasco has no facilities within the above described area and has no objection to its vacation. Thank you for the advance notice. ~;a~~tLJ5c~ steven Von Bargen J L- Real Estate specialist Minnegasco 16200 Eagle Creek Ave.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER