HomeMy WebLinkAboutVC9101 Vacation
HUEMOELLER & BATES
ATTORNEYS AT LAW
POST OFFICE BOX 67
16670 FRANKLIN TRAIL
PRIOR LAKE, MINNESOTA 55372
JAMES D. BATES
BRYCE D. HUEMOEllER
Telephone (612) 447-2131
Telecopier (612) 447-5628
May 29, 1992
Mr. Dave Unmacht
City of Prior Lake
4629 Dakota Street
Prior Lake, MN 55372
Re: Simpson - Gelhaye
Dear Mr. Unmacht:
Enclosed please find a fully executed copy of the
Settlement Agreement in the above matter. Thank you.
Sincerely yours,
\~
Bryce D.~Huemoeller
BDH:dp
Enclosure
cc: Randy Simpson
..
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SETTLEMENT AGREEMENT
". ~
This agreement is made on the )D'day of April, 1992 by and
among MARIE GELHAYE, a single person (Gelhaye), RANDY D. SIMPSON
and PATRICE L. SIMPSON, husband and wife (the Simpsons), and the
CITY OF PRIOR LAKE, a municipal corporation under the laws of
Minnesota (the City).
RECITALS
A. The Simpsons have purchased from Gelhaye by contract for
deed dated May 7, 1991, the real property in Scott County,
Minnesota, described as follows (the property):
The southeasterly 5.00 feet of Lot 1, Block 49, plat of
Spring Lake Townsite, and that part of the Vacated Reserve in
said plat lying southeasterly of the southwesterly extension
of the northwesterly line of said southeasterly 5.00 feet and
lying northwesterly of the southwesterly extension of the
northwesterly line of Sixth Street in said plat.
And:
The now vacated southeasterly 30.00 feet of Sixth Street as
shown on the plat of Spring Lake Townsite, lying
southwesterly of the southwesterly right-of-way line of Lake
street as shown on said plat.
And:
The northwesterly 28.00 feet of Lot '5, and all of Lot 6, of
Block 50, in the Town of Spring Lake, Scott County, Minnesota
according to the plat thereof on file and of record in the
office of the Register of Deeds in and for said County and
State. Together with that part of the now vacated reserve in
said plat lying northwesterly of the southwesterly extension
of the southeasterly line of the northwesterly 28.00 feet of
said Lot 5, and southeasterly of the southwesterly extension
of the northwesterly line of said Lot 6.
B. In addition to their use and occupancy of the Property,
Gelhaye and her deceased husband, Gordon Gelhaye, claim to have
been, for at least 15 continuous years, in the adverse possession
of that portion of the area designated as "Reserve" in the plat
of the Town of Spring Lake, identified as "Proposed Vacation
Subject Site" on the attached Exhibit A, and referred to herein
as the "Additional Lakeshore".
C. contrary to the claim of Gelhaye, the City claims a pub-
lic interest in the Reserve and the Additional Lakeshore by vir-
tue of the dedication for the plat of the Town of Spring Lake.
However, to resolve the dispute and avoid litigation, the City
has agreed to waive its claim to the Additional Lakeshore and
.. .~
cooperate in an initial land title registration proceeding for
the Additional Lakeshore upon the terms in this agreement.
AGREEMENT
In consideration of the mutual promises contained herein, the
parties agree as follow:
1. TITLE PROCEEDING. Gelhaye shall promptly and at her sole
cost and expense commence and diligently prosecute to completion,
an initial land title registration proceeding to establish that
Gelhaye is the fee owner of the Additional Lakeshore subject only
to the contract for deed in favor of the Simpsons and the
riparian rights of the state of Minnesota below the normal ordi-
nary high waterline of Spring Lake (the Title Registration
Proceeding). The City shall execute, acknowledge and file with
the Court an assent to the Title Registration Proceeding on
request by Gelhaye.
2. EXCHANGE. On completion of the Title Registration
Proceeding, Gelhaye and the Simpsons shall within 15 days
thereafter execute and deliver to the City a deed in recordable
form conveying to the City a perpetual easement for public road,
utility and lake access purposes over, across and under the
southeasterly 5.00 feet of Lot 1, Block 49, Town of Spring Lake.
3. CLOSING AGREEMENT. This agreement shall not be construed
as a waiver or modification of that certain closing agreement,
dated May 7, 1991, among Gelhaye, the Simpsons and Equity Title
Services, the terms of which are hereby ratified and affirmed.
4. PERSONS BOUND. This agreement shall bind and benefit the
parties hereto and their respective heirs, representatives,
successors and assigns.
5. GOVERNING LAW. This agreement shall be governed by
Minnesota Law.
BY
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PATRICE L. SIM SON
AND
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AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
HERITAGE
1891
COMMUNITY
1991
CUYJg(!)%
2Q91
3 (g)
DAVID UNMACHT, CITY MANAGER
CONSIDER APPROVAL OF SIMPSON-GELHAYE
SETTLEMENT AGREEMENT
APRIL 20, 1992
The purpose of this Agenda item is to approve
a Settlement A9reement between Marie Gelhaye,
Randy and Patr1ce Simpson and the City of
Prior Lake. The Settlement Agreement sets
forth an understanding with respect to a Title
Registration (Initial Proceeding) action of
the Simpsons. Enclosed please find a copy of
the draft Settlement Agreement. Please recall
that the City Council provided direction to
staff to process a settlement in this matter
in a closed session on December 16, 1991.
Enclosed please find a copy of material
relating to a Vacation request of Randy and
Patrice Simpson from July 15, 1991. This
information should provide sufficient
background for your reference and recollection
of the facts.
Upon the adoption of Resolution 91-28,
research was conducted by Bryce Huemoeller and
City staff on the "Reserve" within the plat of
the Town of Spring Lake (Filed in 1857). In
consultation with Citr Attorney Glenn Kessel
and County Surveyor B111 Schmokel, and looking
at a Scott County court case (attached) on
file, it was concluded that the "Reserve" may
not have been specifically dedicated to the
public. However, this point could be
contested if the city so chooses. Hence, the
City of Prior Lake was offered a settlement
proposal from the Simpsons to obtain a five
foot easement on the strip of land adjacent to
the unimproved sixth Street (see map) if the
City would not contest their Initial
Proceeding action.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
DISCUSSION:
RECOMMENDATION:
ALTERNATIVES:
ACTION REQUIRED:
"AG3Gl"
The City of Prior Lake essentially has two
options, to accept the Settlement Agreement or
to contest the Initial Proceedin~ action.
Accepting the Settlement Agreement w111 result
in a 35 foot strip of property (as opposed to
30 feet currently) which would access Spring
Lake from Spring Lake Road. This 35 foot
strip would leave ample access for continued
use of the property as has occurred over the
past years. Contesting the action of the
Simpsons, who bought the property from the
Gelhayes, could be costly and based on staff
research possibly unsuccessful.
The Citr of Prior Lake has Vacated
interest 1n other Reserve applications around
Spring Lake. Originally the Simpson Vacation
application was denied due to the Reserve
abutting the existing sixth Street. Retaining
the Reserve would have created a larger access
or trail head if developed in the future.
However, accepting the Settlement Agreement
would avoid a contested action and most likely
would not compromise any future City plans.
Staff recommends approval of the Settlement
Agreement. The Settlement Agreement
represents the direction of the City Council
at their closed session in December of 1991.
The alternatives are as follows:
1.
Approve the Settlement
drafted.
Agreement
as
2. Remove this item from the Consent Agenda
to discuss.
Motion as part of the Consent Agenda to
approve the Settlement Agreement between Marie
Gelhaye, Randy and Patrice Simpson and the
City of Prior Lake is in order.
RPR 17 '92 16:47 HUEMOELLER & BATES RHRARRARRRRR
P.3
SETTLEMENT AGREEMENT
This agreement is made on the ___ day of April, 1992 by and
among MARIE GEI.HAYE, a single person (Gelhaye), RANDY D. SIMPSON
and PATRICE L. SIMPSON, husband and wife (the Simpsons), and the
CITY OF PRIOR LAKE, a municipal corporation under the laws of
Minnesota (the City).
RECITALS
A. The Simpsons have purchased from Gelhaye by contract for
deed dated May 7, 1991, the real property in Scott County,
Minnesota, described as follows (the Property):
The southeasterly 5.00 feet of Lot 1, Block 49, plat of
Spring Lake Townsite I and that part of the Vacated Reserve in
said plat lying southeasterly of the southwester1y extension
of the northwesterly line of said southeasterly 5.00 feet and
lying northwesterly of the southwesterly e.xt€;ns il")n of the
no~thwesterly line of Sixth street in said plat.
And:
The now vacated southeasterly 30.00 feet of Sixth Street as
shown on the plat of Spring Lake Townsite, lying
southwesterly of the southwesterly right-of-way line of Lake
street as shown on said plat.
And:
The northwesterly 28.00 feet of Lot 5, and all of Lot 6, of
Block 50, in the Town of Spring Lakel Scott County, Minnesota
according to the plat thereof on file and of record in the
office of the Register of Deeds in and for said County and
state. Together with that part of the now vacated reserve in
said plat lying northwesterly of the southwesterly extension
of the southeasterly line of the northwesterly 28.00 feet of
said Lot 5. and southeasterly of the southwesterly extension
of the northwesterly line of said Lot 6.
B. In addition to their use and occupancy of the Property,
Gelhaye and her deceased husband, Gordon Gelhaye, clajm to have
been, for at least 15 continuous years, in the adverse possession
of that portion of the area designated as UReserve" in the plat
of the Town of Spring Lake, identified as "Proposed Vacation
Subject Site" on the attached Exhibit A, and referred to herein
as the "Additional Lakeshore".
*
C. Contrary to the claim of Gelhaye, the City claims a pub-
lic interest in the Reserve and the Additional Lakeshore bv vir-
tue of the dedication for the plat of the Town of sP'r.tng Lake. ~~
However, to resolve the dispute and avoid l1tigation, the City ~J
has agreed to waive its claim to the Additional Lakeshore and ~ /
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MINUTES OF THE CITY COUNCIL
April 20, 1992
The Common Council of the City of Prior Lake met in regular
session on Monday, April 20, 1992 at 7:30 p.m. in the City
Council Chambers. Present were Mayor Andren, Councilmembers
Fitzgerald, Kedrowski, Scott, White, City Manager Unmacht,
Assistant City Manager Schmudlach, Plannin9 Director Graser,
Parks and Recreation Director Mangan, Ass1stant City Engineer
Loney, Engineering Technician IV Hartman, City Attorney Kessel
and Recording Secretary Jaspers.
Mayor Andren called the meeting to order and asked everyone to
rise for the pledge of allegiance.
The minutes of the April 6, 1992 Council meeting were reviewed by
Council.
MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE APRIL ~ed
6, 1992 COUNCIL MINUTES AS SUBMITTED.
Upon a vote taken, ayes by Andren, Kedrowski, Scott, and White,
the motion carried. Councilmember Fitzgerald abstained from
voting due to the fact he had been absent during the April 6,
1992 meeting.
The next order of business was approval of the Consent Agenda as
follows:
a)
b)
c)
d)
e)
f)
> g)
h)
i)
j)
k)
Consider Approval of Invoices To Be Paid
Consider Approval of Animal Warden Report
Consider Approval of Building Report
Consider Approval of Fire and Rescue Report
Consider Approval of Tem~orary 3.2 Beer Permit
for Men's Softball Assoc1ation
Consider Approval of Registered Land Survey
for Ramona Hennen
Consider Approval of Simpson-Gelhaye
Settlement Agreement
Consider Approval of Resolution 92-15:
Proposal to Form Development District No. 2
Consider Approval of Resolution 92-16:
Resolution Recognizing Margaret O'Keefe for
Receiving an ACCW Lay Women Volunteer Award
Consider Approval of Arbor Day Proclamation
Consider Approval of Resolution 92-17:
Resolution Proclaiming the Week of May 1-7,
1992 as "Respect For Law" Week
Consider Approval of Treasurer's Report
1)
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
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HERITAGE
1891
COMMUNITY
1991
19J5(!)~+~
2CZ91
RESOLUTION 91-28
RESOLUTION PROVIDING FOR THE VACATION OF RESERVE
LOCATED WITHIN THE PLAT OF SPRING LAKE TOWNSITE
MOTION BY
LARSON
SECONDED BY
SCOTT
WHEREAS,
a petition for RESERVE vacation has been dulr presented
to the City of Prior Lake, signed by a major1ty of the
owners of the property abutting the following described
RESERVE situated in the City of Prior Lake, Scott
County, Minnesota to wit:
LEGAL DESCRIPTION:
ALL THAT PART OF THE AREA SHOWN AS RESERVE ON THE PLAT
OF SPRING LAKE TOWNSITE, SCOTT COUNTY, MINNESOTA LYING
NORTHWESTERLY OF THE SOUTHWESTERLY EXTENSION OF THE
NORTHWESTERLY LINE OF LOT 6, BLOCK 50, OF SAID PLAT AND
LYING SOUTHEASTERLY OF THE SOUTHWESTERLY EXTENSION OF
THE CENTERLINE OF SIXTH STREET AS CREATED BY SAID PLAT.
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,
July 15, 1991 at 7:45 p.m. in the Prior Lake City
Council Chambers; 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 RESERVE would NOT be in the public
interest.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
PRIOR LAKE, that pursuant to Minnesota Statutes 412.851, the
above described RESERVE situated in the City of Prior Lake, Scott
County, Minnesota is hereby NOT vacated.
Council action on this 15th day of July, 1991.
Andren
Fitzgerald
Larson
Scott
White
YES
-X
-X-
-X-
-X-
Abstained
NO
Seal
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 Ph. (612) 447-4230 / Fax (612) 447-4245
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
HERITAGE
1891
COMMUNITY
1991
CU?7J$%
2Q91
5
SAM LUCAST ASSOCIATE PLANNER
CONDUCT PUBLIC HEARING ON RESERVE VACATION
APPLICATION
JULY 15, 1991
The purpose of this item is to consider the
vacation of a strip of dedicated "Reserve", a
50 x 108 foot area adjacent to the previously
vacated reserve and the Simpson property,
Block 50, Lot 6, Spring Lake Townsite. (See
attached maps 1,2, & 3.)
On September 9, 1977 the city Council of Prior
Lake passed Resolution 77-25 to vacate the
southeasterly 30 feet of sixth Street lying
south of the southerly right-of-way of Lake
Street, Spring Lake Townsite, adjacent to the
Gordon Gelhaye property. Enclosed is the
information relating to that vacation action.
Point of information - the vacation action of
the Council in Resolution 77-25 is very clear
- the 30' x 150' strip does not include all of
the part of sixth street as suggested in
Simpson's letter (attached).
The area adjacent to the proposed vacation is
lined with large trees as the winter vehicle
access slopes gently toward the lake. The
lakeshore is sand and rock with grass
separating housing and the shore. The road
is gravel, signs prohibit boat launches and
snowmobilin~. Grass, trees, and a pile of
concrete sldewalk pieces belonging to the
Simpson's, are on the vacation site. without
the sportsmen's Club sign delineating uses,
the access would hardly be noticed.
A Prior Lake policy statement(#88-04 attached)
regarding road vacations of public rights of
way intersecting the lakes of Prior and
spring, states "they shall be retained if
determined to be in the public interest. Such
uses may include recreation access for
snowmobiles, skiers, cars, and hikers, as well
as providing utility easements for storm
water, sanitary sewer, and water. Unimproved
rights of way not intersecting the lakes of
the City of Prior Lake may be vacated only
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
DISCUSSION
when it will not have an adverse impact on the
existing transportation network or any future
network of roads required for land access."
.All utility companies in the area have been
notified, and responded that there are no
underground utilities, easements, or any other
relevant issues concerning the site.
Recent reserve vacations on spring Lake have
been with lots where no public access is
available; i.e. adjacent to private property
on both sides of the reserve. This application
is different because the request is adjacent
to a public access. Seventh and Eighth Street,
as suggested in Simpson's letter, were vacated
but manr years ago with no record of those
proceed1ngs. Obviously, public policy has
changed since then.
Currently there are only three public land
access points to Spring Lake totaling 125 feet
in width. None of these are boat launches.
(See attached map 4.)
1) A fifteen foot wide walkway between Lot 2,
Block 45, Spring Lake Townsite and Lot 17,
Butternut Beach.
2)A fifty foot wide unbuildable lot owned by
the city on Lot 3, Sunset Shore.
3) Thirty feet at Spring Lake Road widening to
sixty feet at the Reserve between Lot 6, Block
50, and Lot 1, Block 49, both of Spring Lake
Townsite. (Subject site)
Vacating this portion of the right of way
represents a reduction in the previously
platted public access to Spring Lake. It is
important for the benefit of those without
lake shore lots to retain access to these
public amenities. Vacating this right of way
benefits only the adjacent property owner, not
the community as a whole.
The Lake Review Committee of Prior lake
authored Water Resource Management - A Guide
For A Balanced Future. Relevant paragraphs
from the publication, regarding access, are
referenced in this report. (See attachments
1-4 with paragraphs marked.)
COMPREHENSIVE
PLAN IMPACT:
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
The interest of the Sportsmen's Club in Beach
Lane indicates a commitment to the
preservation of public accesses to the lake.
Staff contacted the sportsmans Club to
determine their position on this request. The
Sportsmen's Club indicated an unfavorable
response to the idea of vacating that portion
of the reserve. The club president and other
members will attend the meeting and express
their opinions.
The Department of Natural Resources (DNR) ,
Regional Trails and Waterways Coordinator,
Gordon Kimball, is not in favor of vacating
the site. The DNR supports the continued use
of sportsmen's accesses as public access. A
letter to arrive on or about July 15, 1991
further elaborates the position.
The City's literature and ~olicies clearly
indicate the desire to ma1ntain or even
increase the public access to public waters
within the City of Prior Lake. Granting this
vacation is not in keeping with the guidelines
set forth in City plans and policies.
Although there are no existing plans for the
use of this reserve, the applicant's re9Uest
for vacation does not justify forever g1ving
up this property.
The current Comprehensive Plan does not
address this issue. However, a new edition is
being revised and is proposed to be consistent
with the city's existing policy.
There are three alternatives:
1) Accept the request for vacation.
2) Deny the request for vacation.
3) Table the request pending conditions.
Based on current City Council policy, Staff
recommends denial of the request for vacation
due to the already limited access to spring
lake. This vacation would benefit one
individual ~roperty owner. Therefore, the
limited publ1C property access to Spring Lake
should be retained for future public use.
A motion is required to approve or deny
attached Resolution 91-28. The motion will
depend on the outcome of Council discussion.
Minutes Of The Prior Lake City Council
July 15, 1991
MOTION MADE BY FITZGERALD, SECONDED BY LARSON, TO APPROVE THE
CONSENT AGENDA ITEMS (a) THRU (k).
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
The next order of business was: Consider Approval of Resolution
91-32 on Metropolitan Si~nificance Review For Proposed McKenna
Gravel and Sand Mine Operatlon. City Manager Unmacht commented
on the change of circumstances since the agenda report had been
completed and recommended that Council action on the Resolution
be tabled for 30 days due to a request by Metropolitan Council
Chair, Mary Anderson, to allow Metropolitan Council staff time to
mediate a solution to the EAW comments and to the issues
addressed in the proposed Resolution. Staff is recommending that
Council table action on Resolution 91-32 for 30 days with the
understanding that the City will not relinquish their ability to
act on this Resolution if we are not comfortable with Shakopee's
action or results of the discussion with Metropolitan Council
staff. City staff informed the Metropolitan Council that staff
would a~ree to their request and recommend to table action on the
Resolutlon. After discussion, Council concurred with this
action.
MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO TABLE RESOLUTION
91-32 FOR 30 DAYS.
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
Due to the fact it was not yet 7:45 p.m. the time stated for a
public hearing, City Manager Unmacht discussed item (a) under
Other Business by reminding Council that there would be an AMM
Breakfast at Denny's Restaurant in Burnsville on Wednesday, July
24 at 7:30 a.m. Reservations should be turned in to Dee Birch by
noon on Friday, July 19.
A short discussion occurred on suggestions by Councilmember
Larson on a future policy with regard to mineral extraction
operations in Prior Lake. Council concurred that staff should
investigate the matter.
The next order of business was: Conduct Public Hearing on
Reserve Vacation Application. Mayor Andren opened the public
hearing and stated that the public notice had appeared in the
Prior Lake American on July 1 and 8, 1991. Applicants, Randy and
Patrice Simpson, addressed the Council regarding their
application. Ms. Simpson handed out copies of Resolutions 87-67
and 88-13 pertaining to the City's vacation of reserve areas
along that section of Spring Lake. Ms. Simpson also handed out
pictures of their lot as it pertains to the proposed vacation
site. The following residents addressed the Council on the
vacation:
Jim Weninger
2591 Spring Lake Road
Gail Klingberg
Prior Lake Sportsmans Club
Bill Howard
2932 spring Lake Road
Jim Shea
New Market Sportsmans Club
2
Minutes Of The Prior Lake City Council
July 15, 1991
f
Associate Planner Sam Lucast presented an overhead map of the
proposed vacation site. Discussion occurred on the position of
the City with regard to vacating lake reserve parcels.
MOTION MADE BY LARSON, SECONDED BY SCOTT, TO DENY RESOLUTION
91-28 PROVIDING FOR THE VACATION OF RESERVE LOCATED WITHIN THE
PLAT OF SPRING LAKE TOWNSITE.
Upon a vote taken, ayes br Andren, Fitzgerald, Larson and Scott,
White abstained. The mot1on carried
MOTION MADE BY WHITE, SECONDED BY SCOTT, TO ADJOURN THE PUBLIC
HEARING.
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
A short recess was called.
The meeting reconvened at 8:35 p.m.
The next order of business was: Conduct Public Hearing on
Improvement Project 91-11, Carriage Hill Road, and Consider
Resolution 91-31 Ordering Improvement and preparation of Plans.
Mayor Andren announced she was vacating the chair for this public
hearing and turned the meeting over to Acting Mayor John
Fitzgerald. Fitzgerald opened the public hearing and entered two
pieces of correspondence into the record: A letter dated July
15, 1991 from Bonnie Busch, and a letter dated July 9, 1991 from
Fannie Griffith with a petition (not verified or dated containing
the names of 22 persons) all opposing the project. City Manager
Unmacht gave a brief background of actions by staff and Council
to date and turned the meeting over to Director of Public Works
Larry Anderson who discussed steps taken by staff in completing
the feasibility study for the proposed roadway. Anderson
presented an overhead of the roadway plans. Anderson stated
staff is recommending that the City not proceed with the
extension of carriage Hill Road at this time as construction of
this road would be premature, especially, since there is no
pending development of the area.
Acting Mayor Fitzgerald opened the meeting for public input on
the proposed project. The following persons spoke against the
extension of Carriage Hill Road:
Fannie Griffith
14500 Meadowlawn NE
Charles Bolger
14600 Meadowlawn
John Bolger
Hudson, WI
Mary Gilbert
4893 Beach Street
Jack Bolger
14560 Meadowlawn Trail
The following persons spoke in favor of construction of an
extension to Carriage Hill Road.
3
CITY OF
PRIOR LAKE, MINNESOTA
55372
~
RESOLUTION 77-25
'.
'.
A RESOLUTION VACATING A 30' x 150' STRIP OF ROADWAY IN SPRING LAKE
TOWNSITE, SCOTT COUNTY, MINNESOTA.
Motion by:
Watkins
Seconded by:
Bissonett
t;
.'
WHEREAS, The City of Prior Lake received a petition dated August 22, 1977
to vacate a portion of Sixth Street, Spring Lake Townsite.
WHEREAS, the petitioner Gordon Gelhaye is the owner of the land abutting
Sixth Street in the plat of Spring Lake Townsite, Scott County,
Minnesota.
~
WHEREAS, the City Counci I of Prior Lake conducted a pub! ic hearing
on September 9, 1977 at 8:00PM in the Councl I Chambers of
Prior Lake of which said hearing was published at least two
weeks prior to the hearing.
THEREFORE BE IT RESOLVED that the City Counci I of Prior Lake hereby
vacates the fol lowing described roadway. The southeasterly 30 feet of
Sixth Street lying southwesterly of the southerly right-of-way of Lake
Street, Spring Lake Townsite, according to the records of Scott County,
Minnesota.
~
YES
NO
Stock
Bissonett
Busse
Oakes
Watkins
x
x
x
absent
x
Stock
Bissonett
Busse
Oakes
Watkins
:,
'\
Witness of my hand and the official seal of Prior Lake, Minnesota this
19th day of September, 1977.
7J/L;hc/ 471J~~'~
/Mi chae I A. McGu ire '
City Manager
THE CENTER OF LAKE COUNTRY
A PETITION TO VACATE
I, Gordon Gelhaye, petition the City of Prior
Lake, Minnesota, to vacate a portion of Sixth Street,
hereinafter described: The southeasternly 30 feet of
Sixth Street, lying south of the southerly right-of-
way of Lake Street, Spring Lake Town site, according
to the records of Scott County Minnesota.
~J f!uqus-!- 77 sl
Date J
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SUBJECT SITE
MAP 3
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CITY OF PRIOR LAKE
APPLICATION FOR STREET,
Applicant: !<qndll,tJ- Si/YI ,C)SOI1
Address: ~c{33, I~/)r"l L....-~ ;tJ
Hane Phone: l./ </7-' fr J ii'
Legal Description of Site to be Vacated:
ALLEY AND UTn..ITY VACATION
/ ' Gorc-tr. ~ -e I ~ e... 'I e
( j7,...,Jr Jt-f M"
~rk Phone: 7l~- $'4 S" .3
~i~r~r b..-/4yr:-
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~rk Phone: 72'- -5(;.::;.-3
~~l. At!.:;".<:- ,(eJ Le14-/
Property <M1er: RJ;r ~ S;y~"
Address: d.. q~ ? n' L ;(.
Home Phone: ~1 - "0 '67
Reason for Request: (May Attach) +b 5}.lAA("~ o';.f2 l1>r -
if-- /"la,..S CuI A IJ<r s ,-It:' ("UAeYJ /"<.<;. crv-e c..11 at 11z. ",f
W er~ u~I-G d - SL. F <S;;/.,,(rtJ ~ - oS -c: p I' e. :; ,.) /........1- /'0 nS
~7-l.7 77 -~h
SUBMISSION RIDUlREMENTS: (A)~Pleted Application form. (B) ~Plete Legal
description & Property Identification Number (PID).. (C) ~plete legal
description of vacation site. (D)vl>etition or letter including the signatures
and addresses of all property owners who a-ln land adjacent to the proposed
vacation site. (EV'Survey or map of the proposed vacation site. (F) Filing
Fee. 0.. ? <.:4"" 't-k. 4^/y frOf'-"rfr (;J1..);I~r" c..c/J~aJ..k~I"D~...s-r:J sf-Ie-.
OOLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY '!HE CITY a:xJOCIL.
I.l.J e... "e ;"Ctrl"
5 I~/-~ S-lrr:-G-I.
~ 8&-/3
n presented on this form is correct.
~- /0-7/
Date
'-/0--9/
Date
THIS SECTION 'ID BE FILLED CXJT BY THE PLANNIN:; DIRECIOR
CITY COUOCIL
APPROV'ED LDENIED
,--- {S - (if HEARllli DATE
CX>NDITIONS:
^ 1
" '1 /
f~JU, XV -l~!iJ;Zl+(2)
Signature of tne Planning Director
7'//~7' 9/
Date
"CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991"
"VA01PN"
CITY OF PRIOR LAKE
NOTICE OF RESERVE VACATION
PUBLIC HEARING
You are hereby notified that a Public Hearing will be held by the
City Council in the Prior lake City Council Chambers at 4629
Dakota Street S.E. on Monday, July 15, 1991 at 7:45 p.m.
The purpose of the hearing is to consider vacating the following
legally described "Reserve" within the plat of Spring Lake
Original Townsite.
LEGAL DESCRIPTION:
A REQUEST TO VACATE ALL THAT PART OF THE AREA
SHOWN AS RESERVE ON THE PLAT OF SPRING LAKE
TOWNSITE, SCOTT COUNTY, MINNESOTA LYING
NORTHWESTERLY OF THE SOUTHWESTERLY EXTENSION
OF THE NORTHWESTERLY LINE OF LOT 6, BLOCK 50,
OF SAID PLAT AND LYING SOUTHEASTERLY OF THE
SOUTHWESTERLY EXTENSION OF THE CENTERLINE OF
SIXTH STREET AS CREATED BY SAID PLAT.
Or more commonly described as the vacation of a 30' by 108' foot
strip of land located southwesterly of the home located at 2933
Spring Lake Road and adjacent to the Shoreline of Spring Lake.
If you desire to be heard in reference to this vacation, you
should attend this 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.
l.fA~'i:Jltl1 aLl
Assistant City Planner
DATE: June 13, 1991
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN JULY 1 AND 8, 1991.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
An Equal Opportunity/Affirmative Action Employer
"CELEBRATE PRIOR LAKE'S CENTENNIAL. 1991"
CITY OF PRIOR LAKE
NOTICE OF RESERVE VACATION
PUBLIC HEARING
~
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You are hereby notified that a Public Hearing will be held by the
City Council in the Prior lake City Council Chambers at 4629
Dakota street S.E. on Monday, July 15, 1991 at 7:45 p.m.
The purpose of the hearing is to consider vacating the following
legally described "Reserve" within the plat of Spring Lake
Original Townsite.
LEGAL DESCRIPTION:
A REQUEST TO VACATE ALL THAT PART OF THE AREA
SHOWN AS RESERVE ON THE PLAT OF SPRING LAKE
TOWNSITE, SCOTT COUNTY, MINNESOTA LYING
NORTHWESTERLY OF THE SOUTHWESTERLY EXTENSION
OF THE NORTHWESTERLY LINE OF LOT 6, BLOCK 50,
OF SAID PLAT AND LYING SOUTHEASTERLY OF THE
SOUTHWESTERLY EXTENSION OF THE CENTERLINE OF
SIXTH STREET AS CREATED BY SAID PLAT.
Or more commonly described as the vacation of a 30' by 108' foot
strip of land located southwesterly of the home located at 2933
Spring Lake Road and adjacent to the Shoreline of Spring Lake.
If you desire to be heard in reference to this vacation, you
should attend this hearin9. Oral and written comments will be
considered by the City Counc11. If you have questions regarding
this matter, contact the Planning Department at 447-4230.
I,
Deb Garross'
Assistant City Planner
DATE: June 18, 1991
/
C ~- c( ~--71
Minnegasco has no facilities within the above described area and
has no objection to its vacation.
Thank you for the advance notice.
/ . (------7
-R'-7-.j .. {
__c:2A,,~ ~~~::.~----
Steven Von Bargen
Real Estate Specialist
Minnegasco
4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) -+47-4230 / Fax (612) 447-4245
An Equal Opportunity/Affirmative Action E"'1ployer
~
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"VA01PN"
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CITY OF PRIOR LAKE
NOTICE OF RESERVE VACATION
PUBLIC HEARING
You are hereby notified that a Public Hearing will be held by the
City Council in the Prior lake City Council Chambers at 4629
Dakota Street S.E. on Monday, July 15, 1991 at 7:45 p.m.
The purpose of the hearing is to consider vacating the following
legally described "Reserve" within the plat of Spring Lake
Original Townsite.
LEGAL DESCRIPTION:
A REQUEST TO VACATE ALL THAT PART OF THE AREA
SHOWN AS RESERVE ON THE PLAT OF SPRING LAKE
TOWNSITE, SCOTT COUNTY, MINNESOTA LYING
NORTHWESTERLY OF THE SOUTHWESTERLY EXTENSION
OF THE NORTHWESTERLY LINE OF LOT 6, BLOCK 50,
OF SAID PLAT AND LYING SOUTHEASTERLY OF' THE
SOUTHWESTERLY EXTENSION OF THE CENTERLINE OF
SIXTH STREET AS CREATED BY SAID PLAT.
Or more commonly described as the vacation of a 30' by 108' foot
strip of land located southwesterly of the home located at 2933
Spring Lake Road and adjacent to the Shoreline of Spring Lake.
If you desire to be heard in reference to this vacation, you
should attend this hearin9. Oral and written comments will be
considered by the City Councll. If you have questions regarding
this matter, contact the Planning Department at 447-4230.
Ii
Deb Garro~s'
Assistant City Planner
DATE: June 18, 1991
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN JULY 1 AND 8, 1991.
"':L 0 :S\..vvv \ \
j)SL\- ~.
Sco* ~~~~ c..o. ~ lY\e
~~~lm~W~~N\O~~Q~ .
\\r.o..>>-\ "" tr- -\-k rv..--ov:.iJL ~"^^^ \lWo.-OcJlA I ~
4629 Dakota SI. S.E.. Prior Lake, Minnesota 55372~ (612)4474230 I Fax (612)447.~
An Equal Opportunity/Affirmative Action Employer
BOARD OF DIRECTORS
Thomas Graham
President
Henderson
George Stauff
Vice President
Kilkenny
Edward Halloran
SecretarylTreasurer
Le Center
Myron Boegeman
Shakopee
John Wagner
New Prague
Rodney Marek
Montgomery
John Carlson
Henderson
Donald Frankhauser
Savage
Gordon Bates
Green Isle
GEN ERAL MANAGER
Roger Geckler
~
Minnesota Valley Electric Cooperative
20425 Johnson Memorial Drive, P.O. Box 125
Jordan, MN 55352
(612) 492-2313 FAX (612) 492-8274
June 25, 1991
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Deb Garross
Assistant City Planner
City of Prior Lake
4629 Dakota Street SE
Prior Lake, Minnesota 55372
This letter is in reply to your notification of
a public hearing regarding vacation of the
reserve as indicated on the map enclosed with
your letter.
Minnesota Valley Electric Cooperative has no
electric facilities in the aforementioned plat.
Thank you for your consideration.
Sincerely,
~/J1d1~~.
Mel Hentges ~
Engineering Supervisor
MINNESOTA VALLEY ELECTRIC COOPERATIVE
MH:ml
"VA01PN"
i, ((, lU',(,}f r&iU ,,( ~,~{, mji,~,1t1' IJ\ .11,1:'1'1. (:)zpr P([i(14~
(Q UI~J~-f)/~j (J/1.L(JU?2lJ Uf)c (L-heY! r IlC()J(+
"CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991"
E)/lE\ L
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j u I eJ ~~)J /11 ,
TVV1/n tJ / })L~-
m /]/l<Q O-er
CITY OF PRIOR LAKE
NOTICE OF RESERVE VACATION
PUBLIC HEARING
You are hereby notified that a Public Hearinq will be held by the
City Council in the Prior lake City Council Chambers at 4629
Dakota Street S.E. on Monday, July 15, 1991 at 7:45 p.m.
The purpose of the hearing is to consider vacating the following
legally described "Reserve" within the plat of Spring Lake
Original Townsite.
LEGAL DESCRIPTION:
A REQUEST TO VACATE ALL THAT PART OF THE AREA
SHOWN AS RESERVE ON THE PLAT OF SPRING LAKE
TOWNSITE, SCOTT COUNTY, MINNESOTA LYING
NORTHWESTERLY OF THE SOUTHWESTERLY EXTENSION
OF THE NORTHWESTERLY LINE OF LOT 6, BLOCK 50,
OF SAID PLAT AND LYING SOUTHEASTERLY OF THE
SOUTHWESTERLY EXTENSION OF THE CENTERLINE OF
SIXTH STREET AS CREATED BY SAID PLAT.
Or more commonly described as the vacation of a 30' by 108' foot
strip of land located southwesterly of the home located at 2933
Spring Lake Road and adjacent to the Shoreline of Spring Lake.
If you desire to be heard in reference to this vacation, you
should attend this hearin9. Oral and written comments will be
considered by the City Councll. If you have questions regarding
this matter, contact the Planning Department at 447-4230.
I
Deb Garro~s
Assist~~~~Ener
DATE: ~ne 18, 199r-,.>
----
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN JULY 1 AND 8, 1991.
4629 Dakota St S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
An Equal Opportunity/Affirmative Action Employer
MAP 1 PROPOSED SIMPSON VACATION SUBJECT SITE
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May 13, 1992
Mr. Lee vickerman
Attorney at Law
206 Scott Street
Shakopee, MN 55379
Re: Title Registration of Marie Gelhaye
Dear Mr. vickerman:
Enclosed is an executed copy of the Consent to the Re~istration
of Title of Marie Ge1haye property to Randy and Marie S1mpson.
Lake
DJU: db
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUl'.'ITY E.\1PlDYER
I hereby consent to the registration of the above described
real estate as prayed for by Marie Gelhaye as applicant and brought
by William Herzog in his capacity as conservator for Marie Gelhaye.
COUNTY OF SCOTT
STATE OF MINNESOTA )
)ss.
)
On this 1$ day of
BY:
'-1l1r
Notary Public within and for said county and state, personally appeared
~~~ ~ ~~ representing the City of Prior Lake
who Sign~ the foregoing consent, and acknowledged that he executed
, 1992, before me, a
the same as the free act and deed of the City of Prior Lake.
G........... BERNICE A. JUl!{I)WSKJ
A.l.' NOTARY PUBUC. v.J;~;::O"'~
\~ SCOTT COWF",'
.......~.::.. My ColMI. Ex;>. Oc~, ~ _. : _ _ J
~~~~,
. Nary Public
()
!!!!!!!!!!!F
I JASPERS
MORIARTY &
_ WALBURG, P.A.
-
JEROME JASPERS, C.P.A.
DENNIS PATRICK MORIARTY
STEPHENW. WALBURG
LEE VICKERMAN
DAVID G. BROWN
ANNE HEIMKES TlJITLE
A TIORNEYS & COUNSEllORS AT LAW
April 20, 1992
City of Prior Lake
ATTENTION: David Unmacht
4629 Dakota Street S.E.
Prior Lake, MN 55372
RE: TITLE REGISTRATION OF MARIE GELHAYE
Dear Mr. Unmacht:
Please find enclosed a copy of the Application of Marie Gelhaye to
Register Title in the above matter. I have also enclosed the original
Consent to the Registration which I ask the City of Prior execute
and return to the undersigned. I am of the understanding that there
is an agreement between Randy and Patrice Simpson, Marie Gelhaye and
the City of Prior Lake regarding the title registration. Mr. and
Mrs. Simpson are very anxious to get this regi _. ed as
soon as possible. Therefore, I ask that e Consent be execut d and
return as soon as possible.
If you have any questions, please feel free to contact the undersigned.
Very truly yours,
AND WALBURG, P.A.
\.--""
Law
LV: j t
Encs.
cc: Randy Simpson
~ SCOTI STREET. SHAKOPEE, MINNESOTA 55379. (612) 445-2817
BEllE PLAINE OFFICE. (612) 873-2988
FAX NO. 445-0812
Fonn No. 3160-Summons in Applicalion for Rqistralion of Land (R~. 1976)
IIusiIleSS Records CallI.
State of Minnesota,
1
rs,
DISTRICT COURT,
County of Sco t t
FIRST
Judicial District
Marie Gelhaye, Original Applicant, and Randy D. Simpson
In the matter of the application of and Patrice L. Simpson. Cross Applicants
to register the title to the following described real estate situated in Sco t t
County, Minnesota, namely: .
That part of the now vacated ReserVe as shown on the plat of Spring Lake Townsite lying North-
westerly of the Southwesterly extension of the southeasterly line of the northwesterly 28.00 feet
of Lot 5, Block 50 of said plat; and lying southeasterly of the southwesterly extension of the
northwesterly line of Lot 6, Block 50 of said plat
AND
That part of the now vacated southeasterly 30.00 feet of Sixth Street as shown on the plat of
Spring Lake Townsite and that part of the reserve as shown on said plat described as follows:
Beginning at the most northerly corner of Block 50, of said plat; thence northwesterly along
a line drawn to the most easterly corner of Block 49, of said plat a distance of 30.00 feet
to the centerline of Sixth Street; thence southwesterly along said centerline and its
southwesterly extension a distance of 253 feet more or less to the shoreline of Spring Lake;
thence southeasterly along said shore line to its intersection with the Southwesterly
extension of the northwesterly line of said Block 50; thence northeasterly along said
southwesterly extension and the northwesterly line of said Block 50, to the point of
beginning.
AND
The Southeasterly 5.00 feet of Lot 1, Block 49, plat of Spring Lake Townsite, and that part of
the vacated Reserve in said plat lying sou~heasterly of the southwesterly extension of the
northwesterly line of said southeasterly 5:00 feet and lying northwesterly of the southwesterly
extension of the northwesterly line of Sixth Street in said plat.
. .
also all heirs ,an~ devise:s of ~ny of the above n~ed persons who are deceased; and all other persons or parties
unk~own, clatmmg any nght, tItle, estate, lien or interest in the real estate described in the application or amendments
herem.
Defendants
The State of Minnesota to the above named defendants:
y o~ are hereby summoned and required to answer the application of the applicant in the above entitled
p~oc~edmg and to file your ans,":er to th~ said application in the office of the Court Administrator, in said county.
wlthm twenty. (20) d~Ys ~fter s~rv..ce of t?IS summons upon you, exclusive of the day of such service, and, if you fail to
an~wer the sald apphc~tlon wlthm the tlme aforesaid, the applicant in this proceeding will apply to the court for the
rehef demanded therem.
APPROVED p.s TO FORM
/-;1.. ..'o/itness, Gr-i::.Jl:;-'1 \0'\. E-;s . Court Administrator of said Court
TIiIS . ' --DAY OF" '~~~e1"reof at ~~l(\k.J~]...,--. tv\i ItlVlc-.::<,t"..
. :. \ If '., rv\' J
,!, ",.; \: ~ day of ,JC'iI\V\.V,""/
i
. in said county, this
, A.D. 19 c,? .
[~~<l1]
BRYCE D. HUEMOELLER
EXAMINER OF TlTlES
Court Administrator
Lee Vickerman
Jaspers, Moriarty and Walburg, P.A.
206 Scott Street Attorney(s) for Applicant(s)
Shakopee, MN 55379
(612) 445-2f!17
k. :_L''''
, .
... 'I' "
By' ;' L~ ~) .:... L'- t {, i . /.}h y,-
. Deputy
(CROSS OUT ALL PARAGRAPHS OR WORDS NOT APPLICABLE)
<<
State of Minnesota,
SCOTT
l
j Is.
IN DISTRICT COURT,
County of
FIRST
Judicial District
THE MATTER OF THE APPLICATION OF
I
APPUCATION
Marie Gelhaye, a single woman
To Register the Title to Certain Land
State of Minnesota,
County of Scott
}
To the Judge of the above named Court:
I hereby make application to have registered the title to the land hereinafter described, and do solemnly swear
that the answers to the questions herewith, and the statements herein contained, are true to the best of my
know ledge and belief.
Street, Jtmanue, Ci toy
, State of Minnesota
of
55379
72
, age
~hA1cnp""
A. Name of applicant Marie Gelhave
Residence No. 1340 W. Third
County of Scott
Application made by William Herzoi
acting in the capacity of court appointed
Residence No. 959 South Main
County of Scott
,
conservator of Marie Gelhaye in Court File No. 91-09340
Street,~, City of Shakopee
, State of Minnesota
B. Applicant is not
~~
~
The applicant is under
married f6
JSC~~, ~
, $ltxtettdc
disability; has not been divorced, a:Kktil:mui:k\1m:uJWU:pslUeWlI;'iX
,xmctbut ~Xllfx
~d
y~hl'yy~JtiDe
C. Description of the land, situated in Scott County, Minnesota, is as follows:
That part of the now vacated Reserve as shoWn on the plat of Spring Lake Townsite lying
Northwesterly of the southwesterly extensi.on of the southeasterly li~e of the northwesterly
28.00 feet of Lot 5. Block 50 of said plat; and lying southeasterly of the southwesterly
extension of the northwesterly line of Lot 6. Block 50 of said plat.
AND
That part of the now vacated southeasterly 30.00 feet of Sixth Street as shown on the plat
of Spring Lake Townsite and that part of the reserve as shown on said plat described as
follows:
Beginning at the most northerly corner of Block 50, of said plat; thence
northwesterly along a line drawn to the most easterly corner of Block 49,
of said plat a distance of 30.00 feet to the centerline of said Sixth Street;
thence southwesterly along said centerline and its southwesterly extension a
distance of 253 feet more or less to the shoreline of Spring Lake; thence
southeasterly along said shore line to its intersection with the southwesterly
extension of the northwesterly line of said Block 50; thence northeasterly
along said southwe~erly extension and the northwesterly line of said Block
50, to the point ot.!beginning.
AND
The Southeasterly 5.00 feet of Lot 1, Block 49, plat of Spring Lake Townsite, and that part
of the vacated Reserve in said plat lying southeasterly of the southwesterly extension of
the northwesterly line of said southeasterly 5.00 feet and lying northwesterly of the
southwesterly extension of the northwesterly line of Sixth Street in~aid Dl~
-, The assessed value thereof, exclusive of improvements, according to the last official assessment, is
$ 102.00
D. Estate or interest claimed therein is in fee simple
and is subject to homestead
E. The names and residence of all persons or parties, except the applicant, who appear of record, or who are
known to the applicant to have or to claim any right, title, estate, lien or interest in the above described land:
Names Street or Avenue Town or City County State
City of Prior Lake 4629 Dakota St.SE. Prior Lake Scott Minnesota
William A. Hauer 706 S. Apgar St. Shakopee Scott Minnesota
& Renelda A. Hauer,
husband & wife
G. Jeffrey Clark aka
G. Jefferey Clark &
Judy L. Clark, husband
& wife 2949 Spring Lake Rd.
Prior Lake
Scott
Minnesota
F. The land is
Names
Randy D. Simpson &
Patrice L~ Simpson,
husband & wife as
joint tenants
occupied by Randy D. Simpson and Patrice L. Simpson
P. O. Address Nature of Estate or Interest
2933 Spring Lake Road
Prior Lake, MN 55372
Vendees interest in a contract for
deed dated May 7, 1991, which is
unrecorded.
G. Liens and incumbrances on the land, recorded or unrecorded
Name of Holder P. O. Address Nature of Claim Amount
Recorded
Book of
Pal{e
- . n . !H mnson & 2933 SorinlZ Lake Rd. vendees interest
n L. Simn<=:on- Priar Lake. MN 55372 in contract for dee unrec rde
husband & wife I,. )
.. ..
H. Other perSOll- having or claiming any estate or interest, in law or equity, in possession, remainder,
reversion or expectancy in said land:
Names P. O. Address
State of Minnesota State Capitol
c/o Attorney St. Paul, MN
General's Office
Nature of Estate or Interest
Riparian rights on lakeshore property
kxXIU~~~KDtionc~.XXXXXXXXXX~:X~lIl~J~~tiPft1C
1etiecI .. . ~Ift.tJWlilCk~n~g
~~ilk ~JOOC~
J. The place of residence of
is unknown to applicant, and upon diligent search applicant has been unable to ascertain the same.
K. Names and addresses of the owners of adjoining lands affected by settling or establishing boundary lines.
Other facts connected with said land are
Wherefore the applicant prays the Court to find and declare the title or interest of the applicant in said land and
decree the same, and order the Registrar of Titles to Register the same, and to gran t such other and further relief as
shal be according 0 equity. (r) -' 'Yie~ y
, lAJ\~-' . ' ~ ~
am erzog, onse a 0 ar e e aye Marie Gel aye. - Applicant
Subscribed and sworn to before me by the above named Marie Gelhaye as Applicant and William
Herzo as Conservator of Marie Gelhaye
this l-=S day of , 19 t"j&:
~J~~
S((;NATLTHE OF NOTAHY PUBI.Il' OR OTHER OFFICIAl.
NOTARIAl. STAMP OK S~;AI. IUK OTHER TITI.E OR RANKI
a.....1
~
LEE VICKERMAN
NOTARY PU8LlO-UINNEI01'A
HENNEPIN COUNTY
MY COMMISSION EXPIRE8 ..,....
x~~&Rici<<:ltk&xzgietu:biHHmixbbeatk~~~g~3}clJ~~M*':9C
~llSkaalll.
Witnesses:
Signature of Husband or Wife
Sta te of Minnesota, } ".
County of
On this day of
within and for said County and State, personally appeared
, 19_, before me a Notary Public
to me known to be the perSOll- who signed the foregoing assent and acknowledged that
same as free act and deed.
executed the
NIJ'I',\HIAI. STAMP Ill( SEAl." II( 1 ITIIE' ITI.E Ol( ItANKI
SlliNA'I'l'ltE OF NOTAH\'l'lIBI.I('OK UTII~:H II(<'F((,IAI.
1 hereoy assent to tnEn..egnn;ra~IOn or Lne aoove aeSCrloea real eSl;a(;e<l~ pcuyt:u 1U1- uy
~~rie Gelhave as applicant and brought by William Herzog in his capacity
Witnesses: for
conservator
Gelhaye
State of Minnesota, } u.
County of Scott 'I'l
On this /5f/1'1 day of Hpr / I
within and for said County and State, personally appeared
Simpson. husband and wife
to me known to be the perso~ who signed the foregoing assent, and acknowleged that
the same as their free act and deed.
, 19~, before me, a Notary Public
Randy D. Simoson and Patrice L.
they
executed
e LEE VICKERMAN
NOTARY flUIllJl)-MlNNE8OTA
l HENNEPIN COUNTY
- -- MY COMUI8SIClN EXPIRES 4-18oM
~~~
NOTAIUAI. STAMP OR S.;AL (OR OTHBR TITLB OR RANK)
SIGNATUR.: OF NOTARY PUBLIC OR OTHBR m'.'ICIAL
(Application for use only when embracing non-adjoining tracts with different chains of title.)
The applicant, having petitioned in the foregoing application for registration oftitle to non-adjoining tracts
of land having different chains of title as allowed by Section 2 of Chapter 378, Session Laws of 1941, and said
application having been approved by the Examiner of Titles, and no reason to the contrary appearing, it is
ordered that said tracts may be included in the one application.
Dated
,19_
Judge
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C I T Y 0 F P RIO R L A K E
4629 Dakota street S.E.
Prior Lake, MN 55372
Phone (612) 447-4230 - FAX (612) 447-4245
TO: JtJ~
DATE: /~ -Ie
SUBJECT: JJ",~ ,;~
INFORMAL MEMO
FROM: fLL
==============================================================
p..z,
~AUeIve)r~1'
MESSAGE:
==============================================================
REPLY FROM:
DATE:
==============================================================
Response Required:
Yes
No
C I T Y 0 F P RIO R L A K E
4629 Dakota street S.E.
Prior Lake, MN 55372
Phone (612) 447-4230 - FAX (612) 447-4245
INFORMAL MEMO
TO: J;k-
DATE: I). --/'7,.'1/
SUBJECT: ~I A~,tM
FROM: ~ ~
==============================================================
/AA #VY'IA
~M1P ~C/l''#.~H /J,~/~' Ae #Y~
/t~~ c:tuu~ ~~~ ~~
==============================================================
REPLY FROM:
DATE:
=======================================F======================
Response Required: Yes
No
/
'.
HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKLIN TRAil
POST OFFICE BOX 67
PRIOR LAKE, MINNESOTA 55372 :''; ECE IVED
<', , " -, 7 'i"~'<'1
I , .... . t i>",~'j
JAMES D. BATES
BRYCE D. HUEMOElLER
\,; fry OF
PRIOR LAKE
Telephone (612) 447.2131
Telecopier (6121447.5628
November 6, 1991
Mr. David J. Unmacht
Prior Lake City Manager
4629 Dakota street S. E.
Prior Lake, MN 55372
Re: Request for Conveyance of
portion of "Reserve" set
forth in the plat of the
Town of Spring Lake
Dear Dave:
We have asked Lee Vickerman, the attorney for Mrs. Gelhaye
(who is obligated to "clear" title to the reserve area), to move
forward with the title registration proceeding.
In the meantime, I was hoping that we would hear from the
City with a response to the Simpsons' settlement proposal.
Perhaps you or Glen Kessel could give us the City's position.
Sncere, ll( yours, n ^
11W~
Bryce . Huemoeller
BDH:ab
cc: Randy and Patrice Simpson
~
p1
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I"
~
C I T Y 0 r P RIO R L A k I
4629 Dakota Street S.I.,
Prior Lake, MN 55312
FAX' 44'-4245 - Telephone' (612) 44'-4230
FAX COVER SHEET
DATE:
/1-7..-9/
TIME:
.Jr: /r J;J.'" .
,
~K.
FROM: ~ C/.
SUBJECT: ~ /.Y~
TO:
FAX .
?.s 7- 81/6/
MESSAGE:
rY-r.. r tJM/r~M~M_;.6.-.
/ . ~
~A YtJt/.
I
Number of Pages Sent (Including This Page): ;2-
HERITAGE
1891
COMMUNITY
1991
rJ.ffJg(!) .JV
2Qgf
TO: Glenn Kessel, City Attorney
Horst Graser, Director of Planning
Deb Garross, Assistant Planner
nl^ File
FROMIVV\ David Unmacht, City Manager
DATE: October 11, 1991
On Thursday, October 3, 1991, I met with Bryce Huemoeller to
discuss his request in a letter dated August 14, 1991 (attached).
We discussed specifics of the letter in detail and reviewed the
options available for both parties. I informed Huemoeller that
I would come back to staff and develop a consensus opinion on how
to proceed in response to their request. The following
information is necessary to begin discussion on forming staff
opinion:
1.
The "Reserve" l?ortion of land within the plat
dedicated spec1fically to the public in any
documents.
was not
platting
2.
The attached Hauser vs Dvorak et al
sl?ecifics of this case be correlated
s1tuation?
case. Can the
to the Simpson
3. A Preceding Subsequent action has been initiated for the
vacated street next to the Simpsons which was
accomplished in 1977.
4. Initial Preceding action to register land is underway
for the "Reserve" portion. The process for completion
of numbers 3 and 4 may take approximately three months
to one year.
5. Simpsons are offering the five foot strip to avoid
contested actions from the City on the "Reserve"
registration proceeding.
6. The l?lat was filed in 1857 when Minnesota was still a
terr1tory.
7. The city's case must be to argue that the "Reserve" was
dedicated for public use. In other words, what was the
intent of the people when the property was initially
platted?
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
,
Simpson
Page 2
8. What did "Reserve" mean at the time of platting?
9.
years following
was commonlf
people withl.n
the
used
the
According to Bill Schmokel, in
1850's, the }?lattin<.1 of a "Reserve"
for maintainl.ng a rl.ght for other
plat, not the general public.
10. According to Bill Schmokel, we have a strong case on
maintaining our interest in the "Reserve" property which
has been used over time for lake access.
11. Accordin<.1 to Bill Schmokel, we have an uphill battle on
maintainl.ng our interest in the "Reserve" property that
we recently denied the Simpson's vacation request on.
12. What differentiates this "Reserve" vacation from others
is that the land is adjacent to land that has been used
as a public access and is not adjacent to private
property on both sides.
The issue before us is, do we contest the torrens action of the
Simpsons to preserve our interest in the 30 foot reserve, or do
we accept Huemoeller's offer which in effect provides us with a
35 foot strip of land to use as an access from spring Lake Road
to spring Lake? I will be meeting to discuss this information in
more detail with Glenn on Wednesday, October 16. Any information
from that discussion will be relayed to staff. I have the files
in my office...if you want to examine them, let me know.
HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKliN lRAll
P051 OHlet IIOX 67
PRIOR LAKt. MINNtS01A 55372
'M1ES O. BAlES
BRyn O. HutMOElUR
l~l~phon~ 16121 447-21)1
lfl~copi~r (6121 447.56211
August 14, 1991
Mr. David J. Unmacht
Prior Lake City Manager
4629 Dakota street S..E.
Prior Lake, MN 55372
Re: Request for Conveyance of
portion of "Reserve" set
forth in the plat of the
Town of Spring Lake
Dear Mr. Unmacht:
Randy and Patrice Simpson have talked with me about the
recent action of the Prior Lake City Council denying their
request to vacate approximately 30 feet of the "Reserve" which
lies adjacent to Lot 6, Block 50, in the Town of Spring Lake.
As I believe the Simpsons explained to the council, they have
recently purchased from Gordon and Marie Gelhaye, Lot 6, the
Northwesterly 20 feet of Lot 5, and adjacent portions of the
ajacent "Reserve" and 6th Street that was previously vacated.
The Gelhayes had occupied-the property, including the 30 foot
portion of the "Reserve" included in the Simpson's application
for vacation, for well over fifteen continuous years.
The Simpsons initially contacted us about appealing from the
denial. However, after checking with local abstracters, we have
been unable to find any conveyance or dedication of the "Reserve"
to the public. Absent such a conveyance or dedication, it
appears that it may not be necessary for the Simpsons to complete
a vacation proceeding to obtain record title to the 30 foot
strip.
The Simpsons are presently deciding whether they want to move
forward with an action to determine adverse claims to raise the
issue of whether there has been a conveyance or dedication of the
"Reserve" to the public. However, in the interim, they have
asked me to write you with a compromise proposal.
The Simpsons are also purchasing the Southeasterly 5 feet of
Lot 1, Block 49, in the Town of Spring Lake. They would be will-
Mr. David J. Unmacht
August 14, 1991
Page two
ing to exchange this 5 foot strip (which lies along the westerly
line of the portion of 6th street that was not vacated) for the
cooperation and assistance of the City of Prior Lake and the
state of Minnesota in an action to determine that Simpsons, as
the successors' interest to the Gelhayes, are the fee owners of
the 30 foot portion of the "Reserve" that was included in the
vacation application denied by the city council on July 15th.
Essentially, the Simpsons would be willing to agree to convey the
5 foot strip to the City at the time that the District Court
enters its order determining that they are the fee owners of the
30 feet of the "Reserve".
The critical issue here seems to be whether the "Reserve" was
conveyed or dedicated to the public. If the City has information
which conclusively shows that the "Reserve" was in fact conveyed
or dedicated to the public sometime after 1857 when the plat of
the Town of Spring Lake was filed, I think that the issue is
resolved. However, if there has not been a conveyance or dedica-
tion of the "Reserve" to the public, it may be that Gordon and
Marie Gelhaye obtained title to the 30 foot strip through their
exclusive use and occupancy of the area. I have told the
Simpsons that it makes sense for them and the City to discuss
these issues and attempt to work out a fair solution.
please review this letter with your planning staff and call
me. I am hopeful that the City will agree that this is a
situation where compromise is appropriate.
BDH: d P
~cerel~rurs, Q
.:m~
B ~. Huemoeller
cc: Randy and Patrice Simpson
114
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PROPOSED VACATION
SUBJECT SITE
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PHONE NO.
~~T~Ti>@'jJb\
~~DEPARTMENT OF NATURAL
REGION VI TRAILS & WATERWAYS, 1200 WARNER ROAD,
(612) 772-7935
RESOURCES
ST. PAUL, I'IN
55106
FILE NO.
July 9, 1991
I'Is. Deb Garross
Assistant City Planner
City of Prior Lake
4629 Dakota Street S.E.
Prior Lake, l'Iinnesota 55372
~L
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Dear I'Is. Garross:
The information you sent to the Department of Natural Resources regarding
the proposal and hearing to consider vacating a -reserve- roadway within
the plat of Spring Lake original town site was forwarded to me. We have
reviewed the proposal, and by this letter we are going on record as being
opposed to the proposed vacation.
Our opposition is based on the fact that the roadway in question is
currently being used for access to Spring Lake during winter, and is being
maintained as such by a local sportsmens club.
In general, it is the Department of Natural Resources position to
vacation of public road right-of-ways when they currently, or would
to provide access to public waters in the future. Accesses to
waters such as these are typically quite popular and quite efficient
of providing public access to lakes.
oppose
be able
public
means
Please enter our comments into the record created by the public hearing
which will be held by the city council on July 15, 1991. If you have any
questions regarding our position relative to this proposal, do not hesitate
to contact me.
Sincerely,
~~
Gordon Kimball ~
Regional Supervisor
GK/jl
cc: Karen Bowen
Mike Markell
Don Kannas
Larry Killien
AN EQUAL OPPORTUNITY EMPLOYER
CITY OF PRIOR LAKE
July 5, 1991
This is in regards to the City's request for our reasoning to apply for
the vacation of 301 of the reserve portion of Sixth Street, (legal attached
with application).
In our conversations with Gordy Gelhaye ve understood that the reserve
portion of Sixth Street had been vacated along with the original vacation,
(resolution 77-25, August 22, 1977). At that time the city vacated "301 of
Sixth Street, maintaining 30' for public access". Novhere in the resolution
d'oes it state that the reserve portion of the parcel that vas vacated vas to
be excluded. According to resolution 77-25, the vhole 30' vas vacated, from
roadvay to lake. We feel it vas an oversight by the City no to exclude the
30' reserve portion on resolutions 87-67 and 88-13, vhich overlooked that the
property had been vacated earlier. The Gelhayels vere under the interpre-
tation that the total area had been vacated in 1977, vhich according to the
resolutions it was. Also note that Seventh Street and Eighth Street, and
possibly others vere completely vacated, including the reserve portion.
The parcel in question is unused and unmaintained by the City and is
and has been maintained by the adj oining property ovner without beneri t of
ownership.
Si~C;;t' ly
1
Randy Si pson
"CELEBRATE PRIOR LAKE'S CENTENNIAL. 1991"
June 18, 1991
Mr. Paul W. Wermerskirchen
Scott County Registrar of Titles
Scott county Recorder
Court House 113
Shakopee, MN 55379-1392
Dear Paul,
Attached please find a proposed Prior Lake Resolution which
provides for the vacation of part of the RESERVE within the plat
of spring Lake Townsite. The hearing for this vacation will be
held July 15, 1991.
This proposed Resolution has been submitted to your office for
review. It is my ho~e that you will be able to identify
potential problems regard1ng the filing of this document should
the City council choose to approve the vacation. Please review
this Resolution and notify our office as soon as possible if you
anticipate a problem regarding the legal description or verba~e
contained within this document. Also, please let me know 1f
there is torrens propert~ adjacent to the subject site so that
the appropriate legal descr1ptions can be prepared for filing
with your office.
Thank ~ou for your attention to this matter, your cooperation is
apprec1ated.
Sincerely,
In. I.' 1'1
\:JU'j I\~) eLf' (/!I~ ,1,' /<--. /
Deb Garross
Assistant City Planner
4629 Dakota St. S.E.. Prior lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
An Equal Opportunity/Affirmative Action Employer
Land Surveyors
Planners
Valley S urveying Co., P. A.
(612) 447-2570
June 10, 1991
P.O. Box 478, Suite 120C
16670 Franklin Trail S.E.
Prior Lake, Minnesota 55372
Description prepared for:
Ms. Patrice Simpson
2933 Spring Lake Road
Prior lake, Minnesota 55372
Ph. 41t7-8087
Re: Request to vacate a portion of the Reserve in the plat of Spring
Lake Townsite.
A request to Vacate all that part of the area shown as Reserve on the plat of
Spring Lake Townsite, Scott County, Minnesota lying northwesterly of the
southwesterly extension of the northwesterly line of Lot 6, Block 50, of said
plat and lying southeasterly of the southwesterly extension of the centerline of
Sixth Street as created by said plat.
onald A. Swanson, Land Surveyor
Minnesota Registration No. 10183
Winfa_w
C I T Y 0 F P RIO R L A X I
4629 Dakota Street S.I.
Prior Lake, MN 55372
Phone (612) 447-4230 - FAX (612) 447-4245
INFORMAL MEMO
TO: ~.,/..I;,,-f- FROM:~
DATE: ~I /7
SUBJECT: frn:llf:n'1-Aukte ~~~
-=============================================================
MESSAGE: ffi ~-t 'fft- ~~.rtrq4fJ!tv~~
Mfh gAJc~. 7k ~ak7t/~e~ ;;~~e PvYy
~~~~~L:e#a.f/I;~&#aH~
,.;. ~ eAa. ~ vtet:;~ a#~ 4.~i'& ~...r
~&/~€/~/~ h~~~~~~.
==============================================================
REPLY FROM:
DATE:
==============;===============================================
Response Required: Yes
No
t/
TO: ~
FROM:
SUBJEC
DATE:
HERITAGE
1891
COMMUNITY
1991
18J.5fJ-K
2Q9f
M E M 0
HORST GRASER AND GLENN KESSEL
DAVID UNMACHT, CITY MANAGER
SETTLEMENT AGREEMENT : SIMPSON - GELHAYE
APRIL 2, 1992
Enclosed please find a draft of a Settlement Agreement prepared
by Bryce Huemoeller. This Settlement Agreement pertains to the
matter previously discussed between City staff and the City
Council on the Reserve Vacation and the title registration of
land in the old plat of Spring Lake Townsite.
In a closed session conducted on December 16 the City Council, by
general consensus, supported the conce~ts identified within the
Settlement Agreement. However, this 1S our first opportunity to
review any specific agreement language. For additional details
please review the October 11, 1991 memorandum which I distributed
to you.
I would like your comments by Friday, April 10, 1992. It is my
inte~tion to prepare this Settlement Agreement for city Council
action on April 20 (subject to your review).
If you have any questions please contact me.
kJ CllJ-t )
'I ~ Ahn~JJ;;L ~~ 1
...---
~ I\A() F~ ~f.Jf
~oQ
+f-G
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
.---
COUNTY OF SCUTT
n: DISTRICT CWRT
FIRST JUDICIAL DISTRICT
STATr: OF t!.IrIlESOTA
In the matter of the amended ar.plication
of Heward J. Hauser to re~:ste; the title
to certain lands in Scott ~eunty, ~inn9sota.
Howard J. Hause~,
Applicant,
FUOINGS OF FACT
CmICLUSIO;.JS OF LA':/
AND
OnDSR FOR JUDC;!.:ZNT
-vs-
Emil Dvorak et al.,
Defendant:;.
The above entitled pnceeding, which is one seekins to resister
title to certain lands in .3cott County, !.:innesota, ca~lle on to be
heard before the court cn rebruary 27th, 1963. Philip Neville ap-
n~d I~vln~ ~.?rlsch
pea::"cd fo::" and on behalf o~ the Applicant. Louis J. ~:orjartyl ap-
peared for and on behalf of the defendant. To-.ffi of Spring Lake. M. J.
Daly appeared for and on behalf of the defendant Sco~t County,
Minnesota.
The land which is soug~t to be regi~tered in said proceeding,
which is located in Scott County, ~innesota, is described in said
application as follows:
Lots One (1) and T"o (2), Block Fifty (50) in tne Town of
SprinF'; Lake and that part of Fifth Street <L"1d t:1e beach
described as fol10',.s: Startin~ at the (northl.ester1y) rnO.,t
westerly corner of Lo: Two (2), Block Fifty (50); thence
southeasterly alon~ t~e southwestc~ly line of Lots One (1)
and Two (2) of Block rift'! (50) to the (sO\.lthwe3t) most
southerly corner of Lot O~e (1); thence northeasterly alon~
the southeast line of Lot One (1) to th~ (south~ast) most
easterly corner of Lo: One (1); thl:n-: e southaast erly to t'le
most northerly cor~er of Lot Six (6), Block Fifty-one (51);
thence southl'iesterly alo~l'" the north','iesterly line of Lot :3ix
(6), Block Fifty-one (51) and the sOClthwesterly extension o~
said northwesterly 1i1.e to the shore of Sprir..,,; Lake; th.;n:e
along the shore of St::"ing Lakp in a nortll\'le3terly direction to
intersection with the :;o'Jthwesterlv extension of the Nort':'lIofester1':
line of Lot Two (2), :'locy. Fil'ty (~O); them:::.: t!ortheast'}::-ly ,
alon~ said torthwe~t~~ly line so extc~d~d to the place or
beginning, all in t.rl? 7o\'ln of Sprin'! La'.:e accoding to t:1"}
plat thereof on fi:~ ~ni of record in th~ offic~ of the
Resister of Deed3~n ~.nJ for Scott CO'Jnt:l, I.iinn.~::;ota.
The Court having consijQrel all the Qviden~c ailuced up~: said
hearin2; and bein" advis.'J ',r; t:,c p:'c::lisps,
r..... .._ ..~.. .... ....-a.. . .'0:: \.". ........ ......... -." ~" :.......:. ..._.... ,..... ~.. ,.-............- ."..(,#J ........,. ",""... __ ."'-...... .. ''''''' ~.. -=.',. ..._~. ~ ,,__ It -_ ......:... ,,- "'''J. ~ ,", ._ ",. .. '. :" . 4.. 't .... ~ .... '.. ...... -......,... r .. ".. (; ....~ 1"':' ,,' ~... -.' .... - . '-.'
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-2-
:..--- "
\~~I /)
12
FT;:JS AS FA :;73:
1.
That the original plat of Sprir.; Lake Tmm was filed in the
office of the Register of D<:>eds of Sco:.t County in 1957, but that
the strip or portion of land appearin~ on said plat which is desig-
nated thereon as "Reserve" was not in fact platted, and there is no
evidence of intent to iedicate same to the public use, and that it
never was dedicated to t~~ public use; that the said platter of sai1
town plat retained title to said "Reserve" portion of said premises
as desi~nated on said pla~, fr~e and clear of any ri~ht or easement
in favor of the public; tha~, t~.:l Applicant h6rein :l.cq:ired his title
to the portion of the "Reserve" herein involved in 1954 from his
father John N. Hauser; that at the time of said acquisition of said
"Reserven by the Applicant there was'a house on said premises where
the Applicant subsequently built his present home; that the said
house on said premises when Applicant acq'lired sa!l1l;l had been on the
said premises since arout 1912; that said house was known as the
Plu::Istad house and had b'~en there situated for a'oot,;t 20 years before
the Applicant demolished same and built his own hmJse on said site
in 1954-1955.
II.
That the Applical,t :md his f~rant(lr and predecessors in t;itle
have been, for more tban 15 years prior to thz COml:lenCe~'3nt of the
within proceeding, in actual, hosti!;':, opei1, continuous and Ilotorio'.ls
adverse possession of all th3t. part of the "Reser-v-:" hereinb,:fore
referred to, anJ here::n involved, as a part of tr.c land h~rc:,n sou'~",:'
to be registered by the :'ppli cant.
Jl1.
That althou~h th0 Fifth Strdet as saree appears on the pInt of
the Town of Sprinp.: La~'e. wns laii O'Jt as a f3.l't of said plat in
)9'):, which plat was fi)'d in the Office of th~ H~~i:3tc;" of D~ejs 0:
3cott Co'~nty in that :'P.8-, ::;',ch Fj fth Street 113.::; never been cp:med t~
travel, nor have any :lr.,p"o':e::.'~nt::; -:Je'?: rr.ade thereor, to make :;u<.;h
......-..,
:'~."~~.'r ,....:~ ......F.~.._':...... ',:"'
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5treJt suitable for 11:>) a:; c ;,tr.~.)t; that th.! '~'..lr"a::1 of .s:{.d ::;tr')-'::~,
is such that such stre~t as dcsi~nated on saci plat is not at all
adaptable to street use and that the layin~out and openin~ of said
street for travel or for us e as a stre.)t \..o,ld be! ir:!pract icable- and
extremely costly: that said street is not necess,3ry for furnis:--ins
access to Sprinp; Lake in that the Town3hip of 'lpring Lake and the
Co~ty of Scott have provided public access to . Sprin~ Lake at
Sixth Street, a few hundred feet away 3nd that it appears that there
are many other places of public access around 3pri~~ Lake other th~~
the said Fifth Street.
IV.
That on Barch 15, 1955, ~:mi1 Dvorak and wife, the then ONTlers
of Lots 5 and 6 in Block 51, which is the proper tv adjacent to the
east half of said Fifth Street, deeded all their interc5t in the
east half of said Fift~ Street to the Applicant herein.
V.
That the Applicant is the owner of Lots 1 and 2, Rlo:k 50 upon
said recorded plat and that he is the mmer ther(;o:' was conceded b:,'
the Tm..nship of Sprinp Lake a:1d the County 0:' S:::ctt durin::; tl'-.e trial
of this action.
VI.
That a creek flows thro~gh the premises ~latted as aforesaid
and across Fifth Street Qetween BlOCK" 50 and 51 and across Lots
1 and 2 in Block 50, and across that part o~ the "iieserve" o~med by
the Applicant herein: that sai.d strearTi, or body o~ water, is conceded
by all parties to thiD a:ticn to be a n3vi~Ablc body of water.
VII.
That the Applicant has shce his acq'lisltlon of .:;aid p-~opert.y
here so~)ght to be reGl ster2j, ma:.\') sl..bseq'lcnt. i:nprov~ments u:)O:l said
pr.)~1ise3 incl'ldint; a nou:;?, '.-I:,ich i:; cl1n3tr';ctcd o~ t:-tc n:\c_;ervp." anJ
c:<t(~r.js into Fifth St2'':l(l"-, if Fifth Street 1,;2ra ,:?x~cnded, -..hich house
is of the approximate v :1];'-; cf -, ')0,0\)(1 .0'1: that !':'~ h:is erect-~j a
bont house or. Fifth Stre;>t, if r:lft.h St.re~t were extend~d as indicated
on r.pplicant. t" gxhi bi'co T.-: file-l h'c)'cln; that h.., hCl3 con;jtruct ~d a
':". ., ~
... .... ;...,.'.... ....
r
.......'..l':-O ...
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bridge and roadway, whi(;h uri.:!?c is on Fifth Street and hi::; pr~vate
rO:ld and :i!"ive:'1ay le,we; l;'\k'! St!".:et or sairi plat 'l.nd runs ove~ s~irj
Fifth Street; Applicnn~ also has a fer.;~ alon- th~ sOltheastorly
side of Fifth Street ad,ioj ning B] oel-: 51 and he has constrl;.cted a
socalled shuffleboard court on Fifth Street, and has a patio i~
front of his house extending on to Fifth Street, a:1d numerous trees
and shrubs on Fifth Street.
VIII.
That should the Applicant be required to vacate the premises,
or any part thereof, whereon s~id house and improvements are located,
he would s'lffer substantial fi:1ancial loss as a result thereof, and
be greatly prejudiced thereby.
IX.
That despite the fact that tmApplieant openly made the afore-
said improvements on said street at a very considerable expense to
himself. no member of the Town Board of Sprin~ Lake, or any me~ber
of the public ever made any objection thereto; that no objection was
ever made to the occupancy and improver.1~r.t of said premises ty the
Applicant until he commenced these proceedin~s for re~istration of
the title thereto.
x.
That in assuming dOr.1inior. over the prer.1ises in question and in
makin,?; the improvements thereon as aforesaid, the Applicant has acted
with the utmost good faith a.'id in the belief that the said Fifth Street
had been aba:1doned by the TO'.m of Sprin;; Lake, and by the Co'mty of
Scott.
Xl.
That co~~encing with the year 1954, Applicant has been assessed
for the west half of Fifth Street and that since 1955 he has been
a:;sc3scd for the entire: al'ca of Fifth Street between Blocks 50 and 5],
and that he has paid all ta:~'~3 th,::; a3sess"!'!.
.-~ ...~ . ,_;.-", ....-..:. l"_ ."';" i 'r. .....,. ....-. '"' ..'-.,.... .......,.,.,.. -. .'" 'w''':''. Ii: .' ,.~.,. _ .... .,........ ......-u........o;. ,...~...,; ..... ~ ._'~~" .
I
-5-
WH~REUPON the Court finds a~ ConclusiOD~ of Law:
1.
That that portio:" (,f the plat of the Town of :Jprinr; Lake as
hereinbefore referred tc and :lesi,,;nated thereon a~; "Reserve" wa.:;
notin fact a dedication of that portion of the plat desi~nated as
"Reserve" to the use of the public, b'lt was in fact retained by
the platter of said plat.
II.
That the title to that portion of said plat lying in the por-
tion designated as "Reserve", and her'e sO~lf~ht to be registered in
his name by Applicant, has been acquirej by the Applicant through
adverse possession, and that he is the owner thereof in fee simple.
III.
That that portion of Fifth Street designated as such on said
plat and here sO'Jght ~o be re;istered in t he name of Applicant,
has been abandoned as a street by the Town of Sprin~ Lake and by
the County of Scott, r.:innesota, and that said defendants are
estopped to assert an:; clai m:"i or rig~1ts :'I'i th respect to oaid
Fifth Street.
1',' .
That excl'-lsive of the navigable stream traver.:;inr: said plat
and the premises here sought to be registered, and the bed of said
stream, the Applicant i5 entitled to have re~istered in his 'a~e
in fee simple, the follc~in~ describ~d property:
Lots One (I) and Two (2), Block Fii'ty (50) in the Town of
Spring Lake and thn.t rart of Fifth Street and the beach de-
scribed as follows: Startin~ at the (northwesterlv)most
westerly corner of Lot Two (2), Block Fifty (50); thence
southeasterly alon 0; the sout:,h\'IC:;terl v line of Lot,;; One (1)
and 1\'/0 (2) of Block Fift.:: (50) to the(~outh...,e:;t) mo~t
southerly corner of Lot e'r.e (1); ti1en::c) north':lasterly alon~
the sO'jt.heast lir.e of L0t. 01'8 (1,1 to th':l (Southea~t) mo;t
easterly corner of Lot o~? ;1); thence coutheasterly to the
most northerly C0rncr of Lo~ Six (6), Dlock Fifty-one (51);
then::e sO'Jth\'I'estf,rh alar.: th'! north'..;cstcrl',' lin8 of 1,0::'
Six (6), Block F::.ft}'-onc (51) an:l the 30vth':...e5t;rlj' extm-
sion of said north\'1l~3terJy line t.o the :,hor\3 of Sprinr: :,akc;
then::e alo:l: the s!1ore of Sorin" L3\e in a nortl1"....e~terl'
direction to inti:r:;,}cLv~ -,.;tth the ,,0 :th"'c~:;terl:! extens;on
of the j':o~thwest'T]:.' lir.\~ or let T.....o (2;, :no::l': Fifty (50);
_ '.~~' ,... "" . ..~.,. '"" ... ..~.. u ..;.-u.......'O; ,....I....,;.....,~ _.._:,":....~~.. ..._,.... ...",._~ ..~...._". .', <(~.. ..... "" ......,..... ............. ''''''' ~..~-..~ ";1,_-:.. ~~_- II: -_ ......:-.... ,.- "H,.' l' ,'"'.,- #0. ..... ':";.... ~
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f
-6-
th'Jnce Northea~terly 3.1on- ~aid :,0~tll'tI!:3t'=rl/ lin'} so ext':;l':!'~:
to the place of be~inning;, all in the Town of Sprin~ Lake,
Scott County, Minn9suta, accordin~ tothe plat thereof on fil~
and of record in the office of the Register of Deeds in and
for Scott County, l.:innesota. .
LET JlJDGI.:E1IT 3r::: EIITEitZD ACCORDINGLY.
Memoranj~m hereto attac~ed is made a part of this order.
Dated August 27th, 1963.
Stay of 20 days from tr.e date hereof is hereby orderLd.
11(i';: . /..!-/ -.--+-_.~
l 'IJ j. ,f:. ~~ ('.../ / /t -1 /1-?--(...< ,-r:-'1.-. 4 ' '}A
Dis~rict Jud~e. '-
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-7-
l!.i~r.:oaANDUM :
T!le foregoing na:t~:' :1<1::; had t!~~ carc:~ll con:jideration of the
Court. The court's con~lusior.s with respect to that portion of the
premises designated as "Reserve" are based upon, and are amply sup-
ported by the evidence and the 1 a.... , and the court '...ill not f'lrther
discuss that phase of the case.
It is with respect to the question of abandonment of Fifth
Street that the court deems it desirable that it discuss briefly
the basis of its conclusions.
The court is not un~indful of the gen~ral rule that the:oe can-
not be abandoment throug1 mcre non-user. Neither, however, should
there be too $lavish an ajherence to the ancient maxim, "Once a
highway, always a highway" which maxim it is now ~t3nerally ~:'eed,
is subject to certain qualifications and exceptiono. The general
rule with respect to abandonment of streets or hi~!l\.,ays is well
stated in the Oregon case of Dabney vs. Portland, 124 Oregon 54,
263 P. J$6 as follows:
"Whatever may be the authorities elsewhere, it is well
established in this jurisdiction that, while title to
property held in trust for public use by a municipality
cannot be acquired by adversc posse~sion, spe~ial cases
may arise where, in the interests of equity and jcstice,
a city may be estopped fro~ assertin~ that the property
upon which the improvements were made is a street. . . .
Where there has been lon~-continued nonuser bv a munici-
palitv and valuable and permanent improvement~ hay':) b<ler made
with its consent or aCQuieseenc~n good f1.ith. eQ'lity \~ill
not ermit the eit to chan!!e it::; osition to the rnateri:l.l
damage of the person thus mis ed." Emphasis supplied.)
That our supreme co',rt has reco~ized thc above stated rule
is clear from the court's opinion by Justice Julius Olson in the
case of City of Rochester vs. ~orth Side Corporation, 211 ~inn.
276,1 N..W. (2nd) )61, w:lere it is stated:
"The prevailing rule is thnt-- 1 an estoppel a.rise::; whero:
long-continClcd no~user by the rnunicipalit~/, to-
OSS~SSlon b' rivate parties in ~ood-raith
an in toe e 1e t~at 1ts use as a s ree a3 e~n ana~-
doned, and the erp.ctlon or vallJaole 1rT'prOVe~ents t!l'n'cof'i'
WIt'TiOut object1on from tn:i munlc1parr~w:llCO lias KI.(),~-
led~e thereof, so \;r',at t,) rec131m toe land wo'~ld r~31l1t in
r;reat damar~ to"'1:l1"O:~~ 1n cosseSS1:m.' Id. and cases un<Jer-
;0~e,2u; 2 ~. J. P}~~Y8, 1I99 (Sec. 177) (hI, ani
part1cularly the cales Clt~d und~r note 6). Cf. 2 Pomero~
:::quity Jurispruden~~' (/. ed.) Secs. S18 and 82]," ..
(Emphailis sClpplieol.)
i' '. ."..'"...:....
<';.. '. ~ ,~.. !. . .' '. . -'
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I
-1:-
It should be observ~d tha~ the ~innasota co~rt, in its j'ore-
goin~ statement, does mora than indicate that its vie~ is in har-
mony with the general rule as enunciat~d by the Oregon court, but
it also sets out in detailed mann~r just what facts are ess~Ttial
to invoke the rule, and which rule th! applicant contends is here
applicable. The court indicates in the Rochest~~ Ca3e that:
First, long-continued nonuser is ne~essary.
Second, that there must be Fossession by private parties.
Third, that such pO~..3ession must be in good faith in th~
belief that its use as a street has been abandcned.
Fourth, the party ir. Fossess:on :7l1St have rr.ade valuable
improvements on the premises.
Fifth, the municipality has made no objection to s~ch improve-
ments while being made.
Sixth, to r,~la~ the premises ~the party in possession would
work great damage to the party in possession.
All of the fore~oing elements are oresent in the Dresent case.
The "long-continued nonuser" in this case runs for approximatc1.;r
100 years. The town site plat here in,olved was made and filed in
11357, which is no'(/ 106 years ago. The drea:r.s or hopes of the plat-
ters were never realized for no villa~a or city was ev~r organized
or located on said town site. To use the langua~e of the court in
the Rochester case, supra, the "street" here involved \'las alluNed its
"peaceful slumber" of approximately leJ years before the to....n board,
when the applicant started these proceedin~s, objected to its regis-
tration. ~he applicant hns been in possession for a lon~ time and
is nm, in possession. He in ~ood faith believed the street as laid
out in the original plat ~aj been abandoned as a street. Neither
the town nor the ::ounty, nor any nember o~the public mnde an:f ob-
,iection to the erection of Vall'lbh ir.:p:-ovemcnr,s made by the appli-
cant on said prernis':ls, or liiti1 his posse,;::Jion until thc::;c pro::ee:1-
il1~.5 were com..,.:mced. Tili.l applicar.t ..o'llct ,;ufi'er substantial dana:;e::>
if h2 l'lere r'!qu:!.r2d to '. .J::;I::"~ ti:2 ~'ru:':'.i.;.~::; in q".:ec;tin:.
.'~ '.. ... .; ...'" _.:. t'- .J.":"'~ 'I. ....,. ....... '>#> ..,-,.. .... .~. 't.-,,,, ..' ".'1\'..,:..:,. I; t. .'A' I...... .... ..._....... -y.... .~~'\.'~"'''''.''' ..~..-:'''':........;. .'_ ,.....-~ "'~''''''''_''''.'.~. y......... ,....,.....,.'1" '..-.. --I'
............-..-.\..:.....
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In addition to the for;:~oin~ is the fact that since 1951. and
1955 the ::;aid po:-tio!"1 0' 5t\.1 Street h-:re ill'/oh",j ha~ been &s::;es"e.J
for taxes and the applicant has paid all such taxes. This fact i.:;
certainly entirely inco~sistent with the claim of tho Town that
said straet is bein,,: ma,ntained and should be maintained for
street purposes by the :~unicipality.
Because of a somewhat analo~ous fact in th~ caee at bar, the
court wishes to allude to the fDct that in the Ro~hester vs. North
Side Corporation case, :mp:-a, the CO'Jrt there ir,dicated that. it
beca~e easier in that case to decide as it did, that is a~ainst
the city, and to estep the elty, boc,1:;s8 the cit:! h,:3:i laid nut
another street immediately aicioinins>; the street there in qUi'stion
and which apparently se~vej as an a~Fle substit .te for the ~treet,
which street the defendant clairr.ed had been abo.:-,ioned.
In the present cas'~ the evidence shm;::; cOl1cl::sivelythat the
terrain over which the :3aid Fifth street is pla':,tcd i::; such as to
..........-..
make its opening and irr.provement for use a3 a strc.;t impracticable
because of the great in':onver;::.:m~e a:11 the cost that such op:ming
and improvement would ei1ta;:~", and ,?;,F"'cj any so ill viel"/ of the
fact that said 5th strc~t is not at aJ.l nec~:;sa:"! for acce.>:; to
Sp~ine Lake as ther.;: ar~ oth'?r easily available and conveni(~nt and
adequate means of access to said Sprint, Lake fo, any and al~ who
desire such access, inch:.dj '", t:IOSC that no",o{ sl.d:hnly d0em :.t ncc-
essary to cpen for trav el a:1.~ to u~c said 5th str'Jct as aCCI!:;s to
said Spring Lake.
,
,
A consideration:)ot"iill" trSfotegoinr; :acts and circumst;l;lces,
L,.~ r:~ --'.'- -:'() ;
in light of the cit~f~:j j:':-E'~::.liTl!'; auth0ri tie~, cO:1strain:; the
. :.: ....J .!,~..... : .
cO'jrt to the c.0;lclu9\01; tl!i'\~,tIF;ri.; are. o~;',iouslY3trong and per::;ua-
.--- - ~ 0 g P:l .~ ~ ~ -~ , ..i
sive equities in fa:i1:t df ~j;~~:~;liF"ft, h(~r'J ','I:l.i.~h co:np'::l.'", holdin,"-
.c;... oL._. _~.... I .
n -'~.l G' r,) , /
in his favor. And ~'T:'i3.3~l;db1" ..Toustice Olson in the course of his
() ;;,.~ ' .n} ,
n r; -,;.,
opinion in the Roch;)J.t.~t' \"s. rort:l ::Jj1e Corpora'J.'con case, s'lpra:
:: v. l.,t:l r;
"If estoppel is not ap,lft,}le to a state 0:: facts sue!! as
we have here, th.;:ll sur~y-1~at eqdtable principle is not
of much valu., tc Pl'Opl!rt:! (Y."/ner:,."
\J.C.C.
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.... ...... .'-.. '-. .'~.. ._.. "-:-.. l' ..~. ~ '..': .. . -.: ~'.. -... .",- ...
. .'_"~ ,....~ ....-..-...,:-..:...-.;.."...1"' r...:-~ ,.......-.. ~
.' ' .
f
['ED I U'i T I Of'J DF SF'':;:! NG L AI<[ TtJlrnJS I TE FLr:', T :
l.JF;~ l.JilliafT1 f;. Full'?)"', S'-'i-vEyc'r'~ "l,ne! C. A. D?',',-lint:,\-" "". E'. J(,"nE;~;,
HO,'Jd)"'ij Cc,p'21::\nd. and H. C. C()c'pf.?r"~ p"'c'!,""letcll-5~ ,--, ""':'l-t"'::/ CI?;-+lf','
that the .oJithin pl.:'lt c',- m~p c,f the Tc,,'n c,f Sp'-Jnc:: L.'"I',""' !'!:;'~ m=ic1\" 'f,-,,([,
d n ,:'. c: t U.'::>. ] ~ U (' VT!" [I f 1; h t:. 1 :;l.nc! ,':=; i roc I: ~:;, ,=':; t 1....:=:::" .? i \-', "". 1 t 'k: t ,;: 1 n t., ,-,::' Co u ,"j t
c f S c (! t t .:'I n d T E' 'n- i t I~' )- '',' C' f M 1 11 n e ~ [, t ,J ~ c: c. n 5', i s;. t i 1-, C,l c -f' L c, t~. "1..1 m t, .:. ,..' C' n ,.. ,
(1) a.':lc~ t,'JC (2) in the ~c'i-'.thE:>dst q:J:'\"-t.:.":- ::of 3.::>:tic':1 fe,!.' I,:. ,~"')f:i '-.'
pOI-tie,n c,-f Le'+~ numbF:)- fe,u',- ''t) In the '~~C,!".\th,'J,:::..;:;t q".e,,,.te:- cf::.<:='ctie,,--,
th:-(',"?' (3:' i n TCI,'Jn~h IP N'JiTICle'- on.::' hUild\-e-j 3:"1d ":;::,'.\\- t"'::?n 11~; r-k"," tl"-:" '..' ,
R2nge NumbEr Twenty Two (22; West~ and tha~ i. l~ c~-~~ct
representatIon of said Town of Spring Lake, and there a~e pla~t~d at
the Southeast corner of Block number thlrtv one (31) snd at th0
Southwest corner of Block number thirty three 133~ and ~~ th0
South,'JE'st ["c,('nE"- (If the Publ ic Squ-="l-e~ ~.tc'nes f"""C!:T: ~'Ji"'lic~ i",', m:'lke
f Lt t Lll- l? -:-=.. L~ r- V e ~l::;. .
H. C1.ar'ke
t..I1 } ] 1 ::\ rn f--'. F u I 1 E':'
C: . [:3 ;.. ., ~. :''': t .-:. (",
H. _, J c' 1-, ~ "
HCl\rE'j-,j Cc ~,~.] ,:;\''',d
H.; CC'C'~;'2','
b'" H. CClpe1 :,nc! ,.. 1:::
2, t t ,:,;" ne. './ 'f ':".C t
Witnesses Present
Territorv 0f MInnesota
c.Count:,' e:f Sccd:t
OJ" t h i '3 the Ei C) t h d ?, '/ c:, f D f:' C c. m b e i- f-I. U. . >::, c:.~-:I t, €. of" c., F. + h ,=:. s. u h s C ',-- i. t::o €, :-
pei-sonall',' i::i,~'I='?arec: l,.Jil11..?:\ffi A. Fullc-:::-, ,"-l. [;a,.-'11-,1";c":"\, {;. Tj. To)":"?;:'"
HC'~'Ja';-d CC'!='f:1E~.1-!d 2nd H. [~. C:c.cpe:::."-'!f t,\, hi~: 3t~'C":-:-e'...' Hu C:'-"C::':0J::'lnc'l te' iT'I'::?
kno,'Jn ~;c' be
c e)- t i " i ce t F'
\/c 1. u.~., t 2. f" \-
t ht.~
=~nd
idel'ltical pel-SOl~~:
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e ~:: E'::L' t e!j
~ I" c"
.,: n,--,"'-' ,;,-1
t:' '!!C' I. j c.C, J .....
t ~"
C. ~'J ':',
severally acknowledqed +h~ same tc
~nd deed and desi~erl th2t the sam'
~-(~C().:'PfJE.~c.1. " .
!-!.. C 1 E~ ',h'; _
Pee;: : ",.ti::-,"
1..' .~.? C;:. C) ::;:.
Office of Register of Deeds Courty of Scott Minnss2ta.
I hereby certlfy that the within plat was received and fjled for
record on the 30th da',' of December A.D. 1857 at 10 o'c1~cl"......
H.. L: 1 .:;:, ;- k ;c'
Register ~~ Deeds
CITY OF PRIOR LAKE
POL ICY S TAT E MEN T
POLICY STATEMENT FOR ROAD VACATIONS
POLICY #88-04
Policy regarding the disposition of unimproved public right of
way in the City of Prior Lake:
All public right of way intersecting with the lakes of Prior Lake
and Spring Lake shall be retained if determined to be in the
pUblic interest. Such uses may include recreation access for
snowmobiles, skiers, cars and hikers as well as providing utility
easements for stormwater, sanitary sewer, and water.
Unimproved public right of ways not intersecting the lakes of the
City of Prior Lake may be vacated only when it will not have an
adverse impact on the eXisting transportation network or any
future network of roads required for land access.
(612) 447.4230
4629 DAKOTA STREET S.E.
PRIOR LAKE, MINNESOTA 55372
,-
'-*
Attachment 1
WATER USE
In this chapter, the Water Use Subcommittee examined patterns and trends in recreational
use of the lakes, surface water use conflicts and their consequences and controls on surface
water use. Several factors including riparian rights, economic factors, safety, user access and
enjoyment, were taken into consideration in the preparation of this subcommittee report. The
conclusions and recommendations are not prioritized.
CONCLUSION:
PRIOR lAKE AND SPRING lAKE ARE PUBUC WATERS THAT ARE USED BY A MULTITUDE OF GROUPS
FOR VARIOUS ACTIVE AND PASSIVE USES. The most actively used waters are the general devel-
opment waters of Prior and Spring Lakes. The prominent surface uses on Prior and Spring
Lakes consist of: Fishing, water-skiing, non-motorized boating, swimming, personal water craft
use, sailing, wind surfing, ice fishing, snowmobiling, aircraft use and passive viewing of the
lakes. Because of their size, both Prior and Spring Lakes are regional attractions and are used
by many non-residents.
WE RECOMMEND:
PROPOSED SCOTT COUNTY ORDINANCE NUMBER 9 IS A BEGINNING TOOL FOR ENFORCING
LAKE USES IN PRIOR LAKE. LOCAL OFFICIALS MUST SEEK DNR APPROVAL OF PROPOSED
ORDINANCE NUMBER 9 TO RENEW IT'S APPUCATION TO COUNTY LAKES. FURTIlERMORE,
CURRENT LANGUAGE FOUND IN ORDINANCE NUMBER 9 SHOULD BE EVALUATED FOR ITS
FUTURE EFFECTIVENESS. AMENDMENTS SHOULD BE CONSIDERED TO BRING THE OR.
DINANCE INTO COMPUANCE WITH 1990 PRACTICES. THIS AMENDMENT PROCESS MUST BE
SPEAR HEADED BY PRIOR LAKE AND COUNTY OFFICIALS WORlONG CLOSELY WITH DNR AND
LOCAL STAFFS. (See Supplemental Reports for a copy of Scott County Ordinance #9.)
WE RECOMMEND:
THE CITY OF PRIOR LAKE SHOULD CREATE A LAKE MANAGEMENT COMMITTEE TO PERIOD.
ICALL Y MONITOR LAKE USE ACTIVITIES AND TRENDS. THIS COMMI1TEE WOULD BE RESPON.
SIBLE TO IDENTIFY PROBLEM USES AND TO WORK WITH APPROPRIATE CLUBS,
HOMEOWNERS ASSOCIATIONS AND THE PUBUC TO DEVELOP USE RESTRICTIONS AND REC-
OMMENDATIONS FOR CITY COUNCIL CONSIDERATION AND IMPLEMENTATION. For example,
there is a growing concern about Personal Water Craft (PWC) use on community lakes. PWC's
generate noise which is offensive to some lake users and the shoreland environment. This
committee could be responsible to define the extent of the problem, to work with residents
and retailers in order to develop a recommendation to the City for methods to regulate the
PWC use in order to lessen the negative impacts of PWC use on local waters. In addition, the
City of Prior Lake should monitor legislative actions of the State of Minnesota related to regula-
tion Of PWC. Once state legislation is enacted, the City of Prior Lake should adopt compatible
regulations for the use of PWC's which are consistent with the new laws.
21
1
1
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1
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Attachment 2
Non-resident user education should consist of printed materials, slgnage at boat launch areas
and information on nautical charts supplied at various lake associated businesses. In addition,
safety stickers, warnings and brochures should be handed out by the enforcement agencies
when issuing boating citations and warning tickets; education for lake users about pollution
and sewage control should also be provided'through law enforcement, Prior Lake Sportsmen's
Club, the Prior Lake Association and licensing agencies.
CONCLUSION:
A FULL SERVICE MARINA IS NEEDED TO ACCOMMODATE RECREATIONAL WATER VEHICLES AND
TO SERVICE THE NEEDS OF THE lAKE USERS. Two DNR operated public boat launch facilities
exist on Prior Lake. However, no services other than a boat ramp, unsupervised parking lot
and a portable toilet are available at either facility. The one existing marina on Prior La~e does
not have the facilities or space necessary to accommodate the diverse users of the lake.
Mooring facilities are not available for sailboats and gasoline service is only available during
summer months.
WE RECOMMEND:
nlECI1Y OF PRIOR LAKE SHOULD UNDERTAKE A FEASIBIUTY STUDY TO ASCERTAIN THE
AFFECT OF A PUBUC MARINA ON PRIOR LAKE. THE STUDY SHOULD INCLUDE ENVIRONMEN-
TAL, ECONOMIC AND SITE LOCATION CONSIDERATIONS. Budgeting for this study should occur
in 1991. Because land available for development of a marina is limited and the cost of land
for such purposes is high, and since marina use will benefit local businesses and citizens, it
is appropriate for the City of Prior Lake to participate in the design, development and operation
of a marina facility on Prior Lake and possibly Spring Lake.
The City of Prior Lake should seriously consider location options for a marina in order that
the businesses be successful and compliment other facilities such as restaurants, retail stores
and the residential environment. Possible site locations recommended include the existing
Marina, Lakefront Park, Sand Pointe Beach and the North Shore of Prior Lake.
WE RECOMMEND:
THE CITY OF PRIOR LAKE SHOULD INSURE THAT ALL RESIDENTS OF THE COMMUNITY HAVE
ACCESS TO RECREATIONAL AMENITIES AND SERVICES. Secure, safe, lighted, accessible and
reasonably priced boat storage should be available for non-Iakeshore residents and users of
Prior Lake's waters. The City of Prior Lake should insure that public waters are accessible to
senior citizens and handicapped residents.
CONCLUSION:
A MULTITUDE OF INDMDUALS HAVE ACCESS TO THE lAKES VIA HOMEOWNERS ASSOCIATIONS.
THESE ASSOCIATIONS PROMOTE COMMUNIlY SPIRIT AND SERVE AS A POSITIVE COMMUNIlY
INFLUENCE. A central information source needs to be developed and maintained regarding
home owner associations. At a minimum, this file should include membership numbers, san-
itary facilities, boat launch capabilities, docking requirements and association activities.
23
;{{
~
Attachment 3
WE RECOMMEND:
mE CITY OF PRIOR LAKE SHOULD CONSIDER THE OPPORroNITY TO DEVELOP COMMERCIAL
PROPERTY ADJACENT TO THE LAKES. COMMERCIAL USES WHICH ENCOURAGE PASSIVE USE
OF LAKES, SUCH AS CONFERENCE CENTERS, MAY BE A VIABLE OPTION. The Comprehensive
Plan and Zoning Ordinance should be reviewed and if appropriate, amended to allow for com-
mercial development adjacent to community water resources, provided the use is environmen-
tally sound and can be architecturally integrated with the site.
The City of Prior Lake should develop policies to evaluate commercial proposals within en-
vironmentally sensitive areas. Policies should include requirements that projects are compat-
ible with topography surrounding the site; are environmentally sound; blend with the natural
features of the environs; do not generate noise, do not negatively affect water quality; have
a method of disposing of effluent that does not impact water quality; insure that emergency
vehicles and personnel have access to all parts of the facility; increase the public opportunity
for interaction with the adjacent water resource.
CONCLUSION:
PUBUC ACCESS VIA PUBUC ROADS AND DEDICATED MEANS. mls COMMITTEE HAS FOUND 25
ACCESS POINTS INCLUDING lWO DNR MANDATED PUBUC ACCESSES. Most often these accesses
are used during the winter months with many being closed by illegal and private means. These
accesses. not visible to the public, shall be identified as sportsman's accesses based on the
site, visibility, location and neighborhood.
WE RECOMMEND:
THE CITY OF PRIOR LAKE NEEDS TO IDEN11FY AND MAINTAIN TIlESE LOCATIONS IN ORDER
TO DISTRIBUTE TIlE TRAFFIC BURDEN AND WINTER ACCESS TO TIlE LAKES. The sportsman's
accesses should be available only during the winter months from November 1 through March
1. Guidelines for the use of these accesses should be adopted from the Beach Lane Agree-
ment with the City of Prior Lake signed during the Fall of 1989. The City of Prior Lake should
. develop public access points to water resources in conjunction with trails and sidewalks to
be identified in the Comprehensive Plan Parks and open space system.
25
Attachment 4
CONCLUSION:
-r
THE PRIOR lAKE COMPREHENSIVE PlAN IS DEFICIENT IN ADDRESSING WATER MANAGEMENT
ISSUES SUCH AS lAND USE, PUBUC WALKING AND VIEWING ACCESS AND FUTURE PlANNING TO
ENSURE THAT THE "PUBUC WATER RESOURCES" ARE AVAIlABLE FOR ENJOYMENT BY ALL RESI-
DENTS OF THE COMMUNITY. The remaining open space surrounding wetlands and lakes pro-
vide an Invaluable community resource. The northwest quadrant of the City is currently zoned
agricultural and conservation and contains limited development. These undeveloped land and
water resources provide opportunities for the City to preserve and plan for future public use
and access to the water resources.
*
WE RECOMMEND:
TIlE COMPREHENSIVE LAND USE PLAN SHOULD BE AMENDED TO INDICATE LAKES, WET.
LANDS AND SIGNIFICANT WATER FEATURES AS AREAS INTENDED FOR PUBUC USE AND
ACCESS FOR SUCH PURPOSES AS OPEN SPACE, VIEW CORRIDORS, PARKS AND RECREATION.
WE RECOMMEND:
TIlE CITY OF PRIOR LAKE SHOULD AMEND THE STORM WATER MANAGEMENT COMPONENT
OF THE COMPREHENSIVE PLAN. The City should review ponding areas of the northwest quad-
rant and orderly annexation area to incorporate smaller wetlands classified by the Corps of
Engineers in the Storm Water Management Plan. Alternatives such as using holding ponds to
retain water in the City of Prior Lake should be reviewed.
WE RECOMMEND:
THE CITY OF PRIOR LAKE SHOULD UNDERTAKE A COST BENEFIT ANALYSIS OF THE
FEASIBIUTY AND POTENTIAL COST TO EXTEND SEWER AND WATER TO THE NORTHWEST
PART OF THE COMMUNITY. The wetland and water resources of the community must be
protected from pollution from septic systems and over development of these environmentally
sensitive areas.
The City of Prior Lake must begin immediate discussions with Spring Lake Township to De-
termine a time frame for the Extension of Sewer and Water around Spring Lake. The extension
of municipal sewer and water around Spring Lake has received much speculation since 1972
when the Orderly Annexation Agreement was adopted. The installation of sewer and water
around Prior Lake has just been completed so the attention is once again focusing on Spring
Lake. There is a hesitancy to approach this issue due to political opposition and the estimated
expensive cost. However, the continual decline of water quality in Spring Lake mandates that
discussions be opened again. Upstream ponding and ditch improvements coupled with the
elimination of septic systems can represent positive, albeit difficult, solutions to Spring Lake's
problems.
30
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