HomeMy WebLinkAbout98-125 Erie Ave/Library Vacation
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ADDITIONAL -k~
MA TERIAL/PLANS
AVAILABLE IN
LARGE SCALE.
SEE THE
PLANNING
DEPARTMENT FOR
ASSISTANCE AT
(952) 447-9810.
YEAR: /Pjqt I 1O?05'4fJ~~ ~U~
October 22, 1998
Scott County Recorder's Office
428 South Holmes Street
Shakopee,~ 55379
Enclosed for filing are true and correct copies of vacation Resolution 98-118 for the City
of Prior Lake/Gary Horkey and Resolution 98-119 for the City of Prior Lake/Erie
Avenue. Please send your statement with the recorded documents to my attention.
Thank you.
~~&MyJ~
Planning Dept. Secretary
enc.
16200 ~ek Ave. S.E., Prior Lake, MinnesotaPixfE3V2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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VJr~ Irs
Doc. No. A 428761
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
Certified Rled and/or Recorded on
10-27-1998 at 08:10 [(<'] AM [ ] PM
Pat Boeckman, County Recorder 04
by I~ ,Deputy Fee: $19.50
Case #98-125
~,?~~'4-
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Deputy City Clerk of the City of Prior Lake, hereby
certifies the attached hereto is a true and correct copy of the original.
RESOLUTION 98-119 PROVIDING FOR THE VACATION OF A PORTION OF
ERIE AVENUE AND THE 10 FOOT WIDE ALLEY PLATTED IN BLOCK 4, PRIOR
LAKE ORIGINAL TOWN.
on file in the office of the City Planner, City of Prior Lake.
Klls~Q{~
Deputy City Clerk
Dated this 22nd day of October, 1998.
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TRUECOPY.DOC
RESOLUTION 98-119
RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF ERIE
AVENUE AND THE 10' WIDE ALLEY PLATTED IN BLOCK 4, PRIOR LAKE
ORIGINAL TOWN
MOTION BY: SCHENCK
SECOND BY: PETERSEN
WHEREAS, a petition for the vacation of the Erie Avenue right-of-way and the platted alley
has been duly presented to the City of Prior Lake, signed by a majority of the
owners of the property abutting the following described right-of-way situated
in the City of Prior Lake, Scott County, Minnesota to wit:
LEGAL DESCRIPTION:
That part of Third Street (now called Erie Avenue) as shown on the pat of
PRIOR LAKE, Scott County, Minnesota, lying southerly of a line drawn from
the southeasterly comer of Lot 3, Block 5, of said plat to the southwesterly
comer of Lot 10, Block 4, of said plat.
AND
All that part of the 10.00 foot alley within Block 4, as shown on the plat of
PRIOR LAKE, Scott County, Minnesota, lying southerly of the westerly
extension of the northerly line of the southerly One Half of Lot 5, Block 4, of
said plat.
and
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, October 19, 1998, at
7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1; and
WHEREAS, the City Council then proceeded to hear all persons interested in said petition
and persons interested afforded the opportunity to present their views and
objections to the granting of said petition; and
WHEREAS, the City Council of Prior Lake has determined that the vacation of said right-of-
way and alley would be in the public interest.
16200 Ea~&~fk~~oA'U&p~~~8J;~a~~~ Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~&f47-4245
AN EQUAL OPPORTUNITY EMPLOYER
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
that pursuant to Minnesota Statues 412.851, the above described road right-of-way and
alley right-of-way situated in the City of Prior Lake, Scott County, Minnesota is hereby
vacated subject to the following conditions:
1. A utility easement be maintained over the existing 10' wide platted alley legally
described as:
All that part of the 10.00 foot alley within Block 4, as shown on the plat of PRIOR
LAKE, Scott County, Minnesota, lying southerly of the westerly- extension of the
northerly line of the southerly One Half of Lot 5, Block 4, of said plat.
BE IT FURTHER RESOLVED that this Resolution will be forwarded to the Office of the
County Recorder, Scott County, for appropriate action.
Passed and adopted this 19th day of October, 1998.
YES NO
MADER X MADER
KEDROWSKI X KEDROWSKI
PETERSEN X PETERSEN
SCHENCK X SCHENCK
WUELLNER X WUELLNER
{Seal}
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Page 2
RESOLUTION 98-030PC
RESOLUTION RECOMMENDING THE VACATION OF A PORTION OF ERIE
AVENUE AND THE 10' WIDE ALLEY PLATTED IN BLOCK 4, PRIOR LAKE
ORIGINAL TOWN
MOTION BY:
KUYKENDALL
SECOND BY:
CRAMER
WHEREAS, the Planning Commission of Prior Lake has considered the
vacation of platted right-of-way legally described as follows
Legal Description:
That part of Third Street (now called Erie Avenue) as shown on
the pat of PRIOR LAKE, Scott County, Minnesota, lying southerly
of a line drawn from the southeasterly corner of Lot 3, Block 5, of
said plat to the southwesterly corner of Lot 10, Block 4, of said
plat.
AND
All that part of the 10.00 foot alley within Block 4, as shown on the
plat of PRIOR LAKE, Scott County, Minnesota, lying southerly of
the westerly extension of the northerly line of the southerly One
Half of Lot 5, Block 4, of said plat.
and
WHEREAS, the Planning Commission has determined that the proposed
vacation is consistent with the Comprehensive Plan; and
WHEREAS, the Planning Commission has determined that there is not a public
need for the right-of-way as platted.
NOW THEREFORE, BE ITS RESOLVED, the Planning Commission of the
City of Prior Lake, recommends to the City Council that the platted right-of-
way described above be vacated subject to the following condition:
1. A utility easement be maintained over the existing 10' wide platted alley
legally described as:
J:\98file.s\98Vqc\98- j 25\re..s98030.doc P9.Qe 1
16200 Eagle Creek Ave. S.E., Prior LaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6L~) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
~
All that part of the 10.00 foot alley within Block 4, as shown on the plat of
PRIOR LAKE, Scott County, Minnesota, lying southerly of the westerly
extension of the northerly line of the southerly One Half of Lot 5, Block 4, of
said plat.
Passed and adopted this 28th day of September, 1998.
Ant~ir
ATTEST:
Ov~
a e Kansier, Planning Coordinator
I :\98files\98vac\98-125\res98030 .doc
Page 2
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Planner Jenni Tovar presented staff report dated September 28, 1998. Resolution is
consistent with Planning Commission direction from the September 14, 1998 meeting.
MOTION BY VONHOF, SECOND BY KUYKENDALL, TO APPROVE
RESOLUTION 98-27PC APPROVING A VARIANCE TO REDUCE THE NUMBER
OF PARKING SPACES FROM 24 TO 19 FOR CONVENIENCE STORE/CARW ASH.
Vote taken signified ayes by all. MOTION CARRIED.
6. New Business:
A. Case 98-124 - Public meeting to consider the vacation of a portion of drainage
and utility easements adjacent to Lot 2, Block 2, Waterfront Passage Business
Addition.
Planner Jenni Tovar presented the Planning Report dated September 28, 1998 on file in
the office of the City Planner.
Considering the proposed vacation is consistent with the Comprehensive Plan and will
not eliminate a public need, staff recommends approval of the vacation of the drainage
and utility easements.
Kuykendall questioned if the City is assured easements will be granted. Tovar said the
property owner is EDA. Documents have been drafted and just have to be signed and
recorded.
Comments from the Public:
There were no comments from the public.
There were no Comments from the Commissioners:
MOTION BY CRIEGO, SECOND BY KUYKENDALL, ADOPTING RESOLUTION
98-28PC RECOMMENDING THE VACATION OF DRAINAGE AND UTILITY
EASEMENTS LOCATED ON LOTS 1 AND 2, BLOCK 2, WATERFRONT PASSAGE
ADDITION.
Vote taken signified ayes by all. MOTION CARRIED.
~ A. Case 98-125 - Public meeting to consider the vacation of a portion of Erie
~ Avenue and the platted alley right-of-way located adjacent to Blocks 4 and S, in
the original plat of Prior Lake.
Planning Coordinator Jane Kansier presented the Planning Report dated September 28,
1998 on file in the office of the City Planner. The portions of the right-of-way (R-O-W) is
1:\98fi\es\98plcomm\pcmin\nm092898.doc
7
adjacent to City property. The alley will be used for parking, however, some of the
building will be located on the R-O-W. There is no access to County Road 21, traffic is
not an issue. This expands the Comprehensive Plan as far as learning activities. Public
need is not an issue as there is no direct access to County Road 21. There is a fiber optics
line. The phone company wants an easement for future maintenance of the line.
The proposed vacation is consistent with the Comprehensive Plan and is in the public
interest. On this basis, the staff recommends approval of the vacation of the right-of-way
subject to the condition a 10' wide utility easement is maintained over the alley right-of-
way.
Questions by Commissioners:
Cramer:
Is this after the fact? Kansier noted the timing required to obtain legal descriptions and to
publish the hearing notices.
Kuykendall:
Functionally, it is the same use. R-O- W versus easements. No change in use.
Comments from the Public:
There were no comments from the public.
MOTION BY KUYKENDALL, SECOND BY CRAMER, TO APPROVE
RESOLUTION 98-30PC RECOMMENDING TO CITY COUNCIL APPROVAL OF
THE VACATION OF A PORTION OF ERIE AVENUE AND THE 10 FOOT WIDE
ALLEY PLATTED IN BLOCK 4, PRIOR LAKE ORIGINAL TOWN.
Vote taken signified ayes by all. MOTION CARRIED.
7. Announcements and Correspondence:
Director Rye said the EDA is holding a workshop on Wednesday at 5:30 to consider a
proposal for downtown redevelopment plan. The BDA initially considered a brochure for
marketing purposes and authorized expenditures of approximately $5,000. As part of the
cost, a downtown redevelopment plan was part of the plan. Rather than do these
separately, they will consider the entire plan.
Rye also updated that the City Council will hold public hearing on the draft zoning
ordinance. Meeting starts at 7:30 p.m. then public hearing. It will be on cable.
8. Adjournment:
The meeting adjourned at 7:42 p.m.
1:\98files\98plconun\pcmin\nm092898.doc
8
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
6B
VACATION OF ERIE AVENUE AND ALLEY RIGHT-
OF-WAY LOCATED IN BLOCK 4, PRIOR LAKE
ORIGINAL TOWN
CITY OF PRIOR LAKE
JANE KANSIER, PLANNING COORDINATOR
_YES X NO-N/A
SEPTEMBER 28, 1998
APPLICANT:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION
This request includes a petition to vacate a portion of the Erie Avenue right-of-
way located south of Dakota Street and north of CSAH 21 and adjacent to
Blocks 4 and 5, Prior Lake Original Town. The petition also includes the
vacation of a portion of the 10' wide alley right-of-way located in Block 4, Prior
Lake Original Town. A location map showing the right-of-way is attached for
your information.
This land is currently used as part of the City Hall and Library parking lot. The
purpose of the vacation is to allow the construction of the new library/resource
center.
State Statute 412.851 allows the Council to vacate easements or right-of-way by
resolution. The statute states that "no such vacation shall be made unless it
appears to be in the public interest to do so". As required by State Statute
462.356 Subd.2, the Planning Commission is required to make a
recommendation to the City Council regarding the disposal or acquisition of
public lands as it relates to the compliance with the Comprehensive Plan.
BACKGROUND
Prior Lake Original Town was platted in approximately 1891. Erie Avenue,
originally platted as 3rd Street, extended for two block from its north end to the
railroad right-of-way on the south. Over time, the City purchased most of Block 5
for use as City Hall, and a portion of Block 4 for use as the public library. When
CSAH 21 was built, there was no opening provided for Erie Avenue. Currently,
Erie Avenue provides access to the dentist's office on the corner of Erie Avenue
J:\98filas\98vqc\98-J 25\9.B-125pc.doc Page 1
16200 Eagle Creek Ave. S.E., Prior LaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
and Dakota Street, and to the City Hall parking lot. The platted alley is also not
used for access. In fact, much of the alley is used by the lumber yard for storage
at this time.
DISCUSSION
The Planning Commission must make two determinations. Does the vacation of
the existing right-of-way comply with the Comprehensive Plan and is there a
public need or anticipated future need for the dedicated property?
Comorehensive Plan Review
The Comprehensive Plan identifies Erie Avenue as a local street. The vacation
of this portion of the street and alley will not affect access to either City property
or the adjacent property.
One of the objectives of the Comprehensive Plan states the City should
"encourage the development of a broad range of educational and learning
opportunities for persons of all ages". The policy specific to this goal states t~
library should be retained within the City". The vacation of this right-of-way will
facilitate the construction of the library/resource center.
Public Need
The existing right-of-way is used for primarily for parking. There is no need to
maintain the right-of-way for traffic use. It must be noted there is fiber optic
telephone cable located within the alley right-of-way. Scott-Rice Telephone has
noted they are willing to accept a utility easement over the alley right-of-way for
the protection of this utility. The library construction will not interfere with the
cable.
RECOMMENDATION
The proposed vacation is consistent with the Comprehensive Plan and is in the
public interest. On this basis, the staff recommends approval of the vacation of
the right-of-way subject to the condition a 10' wide utility easement is maintained
over the alley right-of-way.
ALTERNATIVES:
1. Adopt Resolution 98-30PC, recommending the City Council approve the
proposed vacation as presented or with changes recommended by the
Commission.
2. Continue the discussion to a date and time certain to allow the developer
and/or staff to provide additional information specifically requested by the
Planning Commission.
1:\98files\98vac\98-125\98-125pc.doc
Page 2
3. Based upon expressed findings of fact, recommend the City Council deny
part or all of the applications based upon inconsistency of the proposal with
specific regulations of the Zoning and Subdivision Ordinances and/or specific
policies of the Comprehensive Plan. In this case, staff should be directed to
prepare a resolution with findings.
RECOMMENDATION:
Alternative #1.
ACTION REQUIRED:
Motion and second to adopt the Resolution 98-30PC as written or with changes
directed by the Planning Commission.
A TT ACHMENTS:
1. Location Map
1:\98fi1es\98vac\98-125\98-125pc.doc
Page 3
RESOLUTION 98-030PC
RESOLUTION RECOMMENDING THE VACATION OF A PORTION OF ERIE
AVENUE AND THE 10' WIDE ALLEY PLATTED IN BLOCK 4, PRIOR LAKE
ORIGINAL TOWN
MOTION BY:
SECOND BY:
WHEREAS, the Planning Commission of Prior Lake has considered the
vacation of platted right-of-way legally described as follows
Legal Description:
That part of Third Street (now called Erie Avenue) as shown on
the pat of PRIOR LAKE, Scott County, Minnesota, lying southerly
of a line drawn from the southeasterly corner of Lot 3, Block 5, of
said plat to the southwesterly corner of Lot 10, Block 4, of said
plat.
AND
All that part of the 10.00 foot alley within Block 4, as shown on the
plat of PRIOR LAKE, Scott County, Minnesota, lying southerly of
the westerly extension of the northerly line of the southerly One
Half of Lot 5, Block 4, of said plat.
and
WHEREAS, the Planning Commission has determined that the proposed
vacation is consistent with the Comprehensive Plan; and
WHEREAS, the Planning Commission has determined that there is not a public
need for the right-of-way as platted.
NOW THEREFORE, BE ITS RESOLVED, the Planning Commission of the
City of Prior Lake, recommends to the City Council that the platted right-of-
way described above be vacated subject to the following condition:
1. A utility easement be maintained over the existing 10' wide platted alley
legally described as:
J:\98file.s\98Vqc\98-j25\re:;98030.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
All that part of the 10.00 foot alley within Block 4, as shown on the plat of
PRIOR LAKE, Scott County, Minnesota, lying southerly of the westerly
extension of the northerly line of the southerly One Half of Lot 5, Block 4, of
said plat.
Passed and adopted this 28th day of September, 1998.
Anthony Stamson, Chair
ATTEST:
Jane Kansier, Planning Coordinator
I :\98fi1es\98vac\98-125\res98030.doc
Page 2
~~
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Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
_ .,. C.
I~
~f(/~
Public Hearing to Consider Approval of Resolution 98-119 Approving the Vacation
of a Portion of the Erie Avenue Right-of-Way Located in Block 4, Prior Lake
Original Town
· Public Hearing opened at 8:31 p.m.
Boyles: This request will provide the appropriate sized parcel for the library/resource center.
Mayor Mader asked for public comments. No comments were received.
MOTION BY SCHENCK SECOND BY WUELLNER TO CLOSE THE PUBLIC
HEARING.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
· The Public Hearing closed at 8:32 p.m.
MOTION BY SCHENCK SECOND BY PETERSEN APPROVE RESOLUTION 98-119
APPROVING THE VACATION OF A PORTION OF THE ERIE AVENUE RIGHT-OF-
WAY LOCATED IN BLOCK 4, PRIOR LAKE ORIGINAL TOWN
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
9. OLD BUSINESS:
A. Consider Approval of Resolution 98-120 Approving an Amendment to the
Comprehensive Plan and Ordinance 98-15 Approving the Zone Change Request By
Wensmann Realty and Prior Lake, LLC, for 33 Acres Located at Pike Lake Trail and
CSAH 42, and Approval of Resolution 98-121 Denying a Comprehensive Plan
Amendment and Zone Change Request by Wensmann Realty and Prior Lake, LLC,
for 7.4 Acres Located at Pike Lake Trail and CSAH 42.
Boyles: Introduced the item. The proposal includes 33 acres of general business, and 7.4
acres for multi-family purposes. The Planning Commission conducted a public hearing and
recommends the 7.4 acres be denied because it is premature, and surrounded by
commercial.
Herb Wensmann introduced Kelly Murray, representing Wensmann and Prior Lake LLC,
co-applicants on the project. They would like to move their corporate headquarters to Prior
Lake. They are proposing to be in the NW corner and would like a senior cooperative in the
SE corner. A study was requested to see the appropriateness of the area. They are not able to
compete with other communities who have their own industrial parks. Lakeville offers free
land, free assessments. Gressers want to build the corporate office here and build it to blend
with the surroundings. They require outside storage which would be screened.
101998.DOC
5
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
OCTOBER 19, 1998
8C
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
PUBLIC HEARING TO CONSIDER APPROVAL OF
RESOLUTION 98-XX APPROVING THE VACATION OF A
PORTION OF THE ERIE AVENUE RIGHT-OF-WAY AND
THE ALLEY RIGHT-OF-WAY LOCATED IN BLOCK 4,
PRIOR LAKE ORIGINAL TOWN
History: This request includes a petition to vacate a portion of the Erie
Avenue right-of-way located south of Dakota Street and north of
CSAH 21 and adjacent to Blocks 4 and 5, Prior Lake Original Town.
The petition also includes the vacation of a portion of the 10' wide
alley right-of-way located in Block 4, Prior Lake Original Town. A
location map showing the right-of-way is attached for your
information.
This land is currently used as part of the City Hall and Library parking
lot. The purpose of the vacation is to allow the construction of the new
library/resource center, which includes the reconfiguration of
roadways and parcels in the City Hall area.
The Planning Commission reviewed this vacation request on
September 28, 1998. The Planning Commission adopted Resolution
98-030PC recommending approval of the proposed vacation subject to
the condition that a utility easement be maintained over the existing
10' wide platted alley.
Current Circumstances: Prior Lake Original Town was platted in
approximately 1891. Erie Avenue, originally platted as 3rd Street,
extended for two blocks from its north end to the railroad right-of-way
on the south. Over time, the City purchased most of Block 5 for use as
City Hall, and a portion of Block 4 for use as the public library. When
CSAH 21 was built, there was no opening provided for Erie Avenue.
Currently, Erie Avenue provides access to the dentist's office on the
comer of Erie Avenue and Dakota Street, and to the City Hall parking
lot.
l:\98file~\98xac\98-125\98J25c<<..doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
1:\98files\98vac\98-125\98125cc.doc
Minnegasco has commented they have existing gas mains located in
both areas to be vacated. They have, however, designed a plan to
abandon and relocate the gas main in the Erie Avenue right-of-way, so
they have no objection to the vacation of this right-of-way. They are
requesting an easement be maintained over the alley right-of-way for
the protection of the gas lines located within the existing alley. Scott-
Rice Telephone Company also has fiber optic cable located within the
alley right-of-way. They have also requested an easement over the
existing right-of-way. With the retention of an easement, neither of
the utility companies have an objection to this vacation.
The Issues: State Statute 412.851 allows the Council to vacate
easements or right-of-way by resolution. The statute states that "no
such vacation shall be made unless it appears to be in the public
interest to do so".
The existing right-of-way is used for primarily for parking. There is
no need to maintain the right-of-way for traffic use. The existing
utilities in the alley right-of-way can be protected with an easement.
The library construction will not interfere with these utilities.
Conclusion: The proposed vacation is consistent with the
Comprehensive Plan and is in the public interest. On this basis, the
staff recommends approval of the vacation ofthe right-of-way subject
to the condition a 10' wide utility easement is maintained over the
alley right-of-way.
Budfet Impact: There is no budget impact with the approval of this
request.
The City Council has three alternatives:
1. Adopt Resolution 98-XX approving the vacation as requested.
2. Deny Resolution 98-XX.
3. Defer this item and provide staff with specific direction.
Motion and second to approve Resolution 98- XX approving the
vacation of a portion of the Erie Avenue right-of-way and a portion of
the platted alley located in Block 4, Prior Lake Original Town, subject
to the conditions listed therein.
Page 2
RESOLUTION 98-XX
RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF ERIE
AVENUE AND THE 10' WIDE ALLEY PLATTED IN BLOCK 4, PRIOR LAKE
ORIGINAL TOWN
MOTION BY: SECOND BY:
WHEREAS, a petition for the vacation of the Erie Avenue right-of-way and the platted alley
has been duly presented to the City of Prior Lake, signed by a majority of the
owners of the property abutting the following described right-of-way situated
in the City of Prior Lake, Scott County, Minnesota to wit:
LEGAL DESCRIPTION:
That part of Third Street (now called Erie Avenue) as shown on the pat of
PRIOR LAKE, Scott County, Minnesota, lying southerly of a line drawn from
the southeasterly comer of Lot 3, Block 5, of said plat to the southwesterly
comer of Lot 10, Block 4, of said plat.
AND
All that part of the 10.00 foot alley within Block 4, as shown on the plat of
PRIOR LAKE, Scott County, Minnesota, lying southerly of the westerly
extension of the northerly line of the southerly One Half of Lot 5, Block 4, of
said plat.
and
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, October 19, 1998, at
7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1; and
WHEREAS, the City Council then proceeded to hear all persons interested in said petition
and persons interested afforded the opportunity to present their views and
objections to the granting of said petition; and
WHEREAS, the City Council of Prior Lake has determined that the vacation of said right-of-
way and alley would be in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
that pursuant to Minnesota Statues 412.851, the above described road right-of-way and
--1:\98files\98:vac\98-12fus9&xlCCC.dOG ~g<:: I
16200 t:agfe CreeK Ave. ~:J::., Pnor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6L~) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
alley right-of-way situated in the City of Prior Lake, Scott County, Minnesota is hereby
vacated subject to the following conditions:
1. A utility easement be maintained over the existing 10' wide platted alley legally
described as:
All that part of the 10.00 foot alley within Block 4, as shown on the plat of PRIOR
LAKE, Scott County, Minnesota, lying southerly of the westerly extension of the
northerly line of the southerly One Half of Lot 5, Block 4, of said plat.
BE IT FURTHER RESOLVED that this Resolution will be forwarded to the Office of the
County Recorder, Scott County, for appropriate action.
Passed and adopted this 19th day of October, 1998.
MADER MADER
KEDROWSKI KEDROWSKI
PETERSEN PETERSEN
SCHENCK SCHENCK
WUELLNER WUELLNER
YES
NO
Frank Boyles, City Manager
City of Prior Lake
{Seal}
1:\98files\98vac\98-125\rs98xxcc.doc
Page 2
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VILLAGE OF PRIOR LAKE
BOOK 95-111
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CITY OF PRIOR LAK E
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STF:lEET & ALLEY
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RIGHT-OF-WAY _.
:\:-.:.:'):C~~ TO BE VACATED
.1' r;~;:,-; t'= PRIOR ~AK E
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M,nnegasco.
A NcRAM ENERGY COMPANY
October 1, 1998
Jane Kansier
Planning Coordinator
16200 Eagle Creek Avenue S.E.
Prior Lake, MN. 55372-1714
- .....--~ ---- ~~ - -- ,
~ ~
\~1
RE: Street Vacation of Erie Avenue S.E.
And alley in Block 4, Prior Scott
\~
OCT - 5 1998
Dear Ms. Kansier:
With reference to the proposed street and alley vacation, Minnegasco does have
existing gas mains in both areas to be vacated.
However, Minnegasco has since received plans for the new library and has designed
a natural gas main job number A-4552 to abandon and relocate these gas mains.
As to the vacation of the alley in Block 4, Minnegasco must object to this proposed
vacation unless suitable easement rights are reserved to Minnegasco, pursuant to
MSA 160.29.
Please reserve an easement to Minnegasco, created by and within the
document establishing the street vacation and filed with the Scoot County
Recorders office, over all the following area of the proposed alley vacation.
We may consider removing our objection should the petitioner wish to reimburse
Minnegasco the cost of relocating the existing gas main. To discuss this and any
other options that may be available please have the petitioner contact Rick Pilon,
Senior Administration Engineer, at 321-5426.
As to the existing regulator building and the property owned by Minnegasco, please
call Ridge Becher at 321-5441 to discuss the transfer of ownership.
Thank you for the advance notice and please send me a copy of the final action on
this proposal.
Respectfully,
MINNEGASCO
if~Jl ~
Steven Von BargJ;
Right-of-Way Administrator
Pc: Ridge Becher, Minnegasco
R. J. Pilon, Minnegasco
700 West Linden Avenue
P.O. Box 1165
Minneapolis, MN 55440-1165
.
FROM SCOTT-RICE TELEPHONE CO.
PHONE NO.
612 226 3758
Sep. 17 1998 04:49PM P1
I have reviewed the attached proposed request (Erie Avenue Vacation) for the following:
Water City Code Grading
Sewer Storm Water Sians
Zonina Flood Plain County Road Access
Parks Natural Features LeQallssues
Assessment Electric Roads/Access
Policv
Sectic System Gas Buildina Code
Erosion Control X Other TEL~.
RE!CQmmendatlon: _ Approval
Denial
L Conditional Approval
Comments: . . ".:<
se.orr- R\c..E.. TE.LE.PHO"e.. Hp..~ P\ MA~"()Lt:..... ~ ~u:t+ .. .'.
~"lSTEI"\. ~lT~ SE.VERAL LA'JJ:.E eA'e:.U:c.:.. I'~ IT, t50\~ TH1:.lJ..
T~E 'A"LPt 'Yl)u.. US \~H 70. VP\t..ATE. .T"~ "-\(;"t"c\ Of- ~.J'W.
WE.. ~OU.Lt) B Eo I t.J f\?PRbUf\L OF C-KP\\\X:.ll\\l=a TtolE.
~l::\)I)~ ~E. P\~ LOc..A'\'E..~.' I ~\O ttt EM.'E.N\~T I='Oll. u...\\L\ T\"f:.~.
.M\N.NE.C:.P6C..O HP\~.A. t"::>A!. LII\)E ~us.T \J..\~~'T" O~ 0 u..~
u.. \'\ L\'\\"'t.'S.
.~~o"~c~;e~~if"'POnY
~" .:. ....s~~~&;..New..~..!".E'I"..
..:,.~ .' :'~.""~: :;:'::::". .:'..:: ;~=.r'l::~~~es:i'."
s...v~'" . BVANSVII.t.E . LAKEVILLt:
DON F,l.ARlAGE
~o:>cr t'lANT ENGINEER
Or~ICC 6'12-4"'l7-3758
COiLL 612 919-5BS7
F_ 612-226.3758
PAGEn 61;a.680-81!1;!
VOIC!!: MAIl.. WITH P.....&; 612.2~G-366Z
SIgned;
\l~ ~~~_
Date: . 8 ~../ 7- CJM
Please return any comments by Tuesdav. Sentember 22. .1998. to .
.:Jarie:Kansier. .ORC Coordinator
. ':.:'.Clt-i.of Prio{L~kB':' :......:. ...:.:....,...: .
.' '1'6000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-4230
Fax: (612) 447-4245
1:\98files\9Svac\9f3-.125\referral.doc
Page 2
Mlnnegasco.
A NCRAM ENERGY COMPANY
October 1, 1 998
Jane Kansier
Planning Coordinator
16200 Eagle Creek Avenue S.E.
Prior Lake, MN. 55372-1714
RE: Street Vacation of Erie Avenue S.E.
And alley in Block 4, Prior Scott
-------"\
; j'. i1 )
,; II \ j \ :
\i.r~/"\ OCT-5~ \\\\1\
Ii \\ \\U J\
\U L IV]
Dear Ms. Kansier:
With reference to the proposed street and alley vacation, Minnegasco does have
existing gas mains in both areas to be vacated.
However, Minnegasco has since received plans for the new library and has designed
a natural gas main job number A-4552 to abandon and relocate these gas mains.
As to the vacation of the alley in Block 4, Minnegasco must object to this proposed
vacation unless suitable easement rights are reserved to Minnegasco, pursuant to
MSA 160.29.
Please reserve an easement to Minnegasco, created by and within the
document establishing the street vacation and filed with the Scoot County
Recorders office, over all the following area of the proposed alley vacation.
We may consider removing our objection should the petitioner wish to reimburse
Minnegasco the cost of relocating the existing gas main. To discuss this and any
other options that may be available please have the petitioner contact Rick Pilon,
Senior Administration Engineer, at 321-5426.
As to the existing regulator building and the property owned by Minnegasco, please
call Ridge Becher at 321-5441 to discuss the transfer of ownership.
Thank you for the advance notice and please send me a copy of the final action on
this proposal.
Respectfully,
MINNEGASCO
~/vffv-
Steven Von BargEfn
Right-of- Way Administrator
Pc: Ridge Becher, Minnegasco
R. J. Pilon, Minnegasco
700 West Linden Avenue
P.O, Box 1165
Minneapolis, MN 55440-1165
Land Surveyors
Planners
Valley Surveying Co., P.A.
(612) 447-2570
Suite 230
16670 Franklin Trail S.E.
Prior Lake, Minnesota 55372
September 9, 1998.
Description prepared for:
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, MN. 55372
Attn: Paul Hokeness
Re: Description for street and alley vacation in Blocks 4 and 5, Prior Lake Original
Town.
DESCRIPTION:
A request to vacate that part of Third Street (now called Erie Avenue) as shown on the
plat of PRIOR LAKE, Scott County, Minnesota, lying southerly of a line drawn from the
southeasterly comer of Lot 3, Block 5, of said plat to the southwesterly comer of Lot 10,
Block 4, of said plat.
AND
All that part of the 10.00 foot alley within Block 4, as shown on the plat of PRIOR
LAKE, Scott County, Minnesota, lying southerly of the westerly extension of the
northerly line of the southerly One Half of Lot 5, Block 4, of said plat.
DlZoo;n:L
-A f:t ~.,
Ronald A. Swanson, Land Surveyor
Minnesota License Number 10183
File no. 8785
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MlNNESOTA)
.
~~~OfthClCity~PJ1orL
~ta,being<My om, says 011 die day 0
the attached list of P5ons. tohaye an interest in the
~_tJ; t18 - ./as. . '..,.. · ..... ,bymailingtoth. . copy.thereot:
encloseainan envelope, postage prepai~ and be depositing same in the post office at
Prior Lake, Minnesota, .the last known address of the parties.
S11bscribedami swomto be this
day of , 1998.
NOTARY PUBLIC
- Of i
I
""J'"
...:..-'...,..':........
'.,':i~
,~.;'- "
,,,:.:.' 1
MAJLAPllD.DOC
PAGB
NOTICE OF PUBLIC HEARING TO CONSIDER THE VACATION OF A
PORTION OF ERIE AVENUE AND THE PLATTED ALLEY RIGHT-OF-WAY
LOCATED ADJACENT TO BLOCKS 4 AND 5, IN THE ORIGINAL PLAT OF
PRIOR LAKE
You are hereby notified that the Prior Lake City Council will hold a public hearing at
Prior Lake Fire Station #1, located at 16776 Fish Point Road SE on Monday, October
19, 1998, at 7:30 p.m. or as soon thereafter as possible. The purpose of the hearing is
to consider vacating the following legally described property:
Legal Description:
That part of Third Street (now called Erie Avenue) as shown on the pat of PRIOR LAKE,
Scott County, Minnesota, lying southerly of a line drawn from the southeasterly comer of
Lot 3, Block 5, of said plat to the southwesterly comer of Lot 10, Block 4, of said plat.
AND
All that part of the 10.00 foot alley within Block 4, as shown on the plat of PRIOR
LAKE, Scott County, Minnesota, lying southerly of the westerly extension of the
northerly line ofthe southerly One Half of Lot 5, Block 4, of said plat.
This area is presently a part of the City Hall and library parking lot.
If you wish to be heard in reference to these vacations, you should attend the hearing.
Oral and written comments will be considered by the City Council. If you have questions
regarding this matter, contact the Planning Department at 447-4230.
Prepared this 17th day of September, 1998 by:
Jane Kansier
Planning Coordinator
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN OCTOBER 3, 1998.
~:\98files\98vac\98-125\98125pn doc
16200 Eagle CreeK Ave. S.E., Prior LaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
AFFIDAVIT OF SERVICE BY MAn
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
tbVLrui ~. · of the City of Prior Lake County of Scott, Slate of
Minnesota, being duly. om, says on the ~day of ~~ 1.998, she serv,ed
the aIlached list of persons to have an interest in the ~K> rzs ~ V~
~ ~ ~lj . by mailing to them a c y thereof,
closed in an envelope, postage prepaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known aCldressofthe parties.
Subscribed and sworn to be this
day of , 1998.
NOTARY PUBLIC
t;
';';;':.c':'f!'f'-'
'I
MAILAPPD.DOC
PAGS
NOTICE OF PUBLIC MEETING TO CONSIDER THE VACATION OF A
PORTION OF ERIE AVENUE AND THE PLATTED ALLEY RIGHT-OF-WAY
LOCATED ADJACENT TO BLOCKS 4 AND 5, IN THE ORIGINAL PLAT OF
PRIOR LAKE
You are hereby notified that the Prior Lake Planning Commission will hold a public
meeting at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE on Monday,
September 28,1998, at 6:30 p.m. or as soon thereafter as possible. The purpose of the
meeting is to consider vacating the following legally described property:
Legal Description:
That part of Third Street (now called Erie Avenue) as shown on the pat of PRIOR LAKE,
Scott County, Minnesota, lying southerly of a line drawn from the southeasterly comer of
Lot 3, Block 5, of said plat to the southwesterly comer of Lot 10, Block 4, of said plat.
AND
All that part of the 10.00 foot alley within Block 4, as shown on the plat of PRIOR
LAKE, Scott County, Minnesota, lying southerly of the westerly extension of the
northerly line of the southerly One Half of Lot 5, Block 4, of said plat.
This area is presently a part of the City Hall and library parking lot.
If you wish to be heard in reference to these vacations, you should attend the meeting.
Oral and written comments will be considered by the Planning Commission. If you have
questions regarding this matter, contact the Planning Department at 447-4230.
Prepared this 17th day of September, 1998 by:
Jane Kansier
Planning Coordinator
16200 Eb\8r~r~~~vA6~8s~~?,\l~~.fJ(r.~8~Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
SEP-16-98 WED
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1 III
CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
PROJECT NAME: ERIE AVENUE & ALLEY VACATION
An application for the vacation of a portion of Erie Avenue and
the 10' wide alley in Block 4, Prior Lake Original Town. The
right-of-way is the future site of the new Iibrarv.
APPLICANT: City of Prior Lake
PROJECT ENGINEERS:
CONTACT PERSON:
SITE INFORMATION
PID#: NA
LOCATION: The right-of -way is located south of Dakota Street and north of
CSAH 21. The alley and street right-of way are presently part
of the City Hall and Iibrarv parkina lot.
EXISTING ZONING: B-2
COMPREHENSIVE PLAN: C-TC
PROJECT REQUEST: Review and comment on proposed vacation.
DISTRIBUTE TO: APPLICATION FOR:
x Frank Bovles x Grea IIkka Administrative Land Division
x BretWoodson X Sue McDermott Comorehensive Plan Amend.
X Ralph Teschner Jeff Evens Conditional Use Permit
X Paul Hokeness Lani Leichty Home Occupation
X Bob Hutchins Verlvn Raaen Rezonina
X Don Rve X Doug Hartman Site Plan
X Jane Kansier X Fire Chief Preliminarv Plat
X Jenni Tovar Bill O'Rourke PUD
DNR - Pat Lvnch X Minneaasco Final Plat
X County Hwv. Deot. Watershed Dist. Variance
MNDOT X Telephone Co. ~~ X Vacation
SMDC X Electric Co. ~~
-,{ Other (Triax Cable) Met. Council
Date Received 9/11/98 Date Distributed 9/16/98 Date Due 9/22/98
Complete Application 9/11/98 Date Distributed to 9/16/98 DRC Meeting
Date DRC
Publication Date Tentative PC Date 9/28/98 Tentative CC 10/19/98
Date
60 Dav Review Date Review Extension
I :\98files\98vac\98-125\referral.doc
Page 1
R-"
vO
0-
~,\
-
-_.
/'
7/ ~.:) L '...
L.. . . ~ .
:'6
~
!
STREET & ALLEY
?4
RIGHT-OF-WAY _~
"r. rT''1-r.i"",- "r" :\:,'n:C~.lTO BE VACATED
:1: 1': ,. " :. 15r' 'i:'-: to:: PRIOR AKE
f-~'r.~ ----- - I ..,-"~ 'lOA
1= 1:7 IS " .14 I. +12 "110 Q
, , I ".1.
~/L~ 'I..~t 'i4.~
'-.
B
VILLAGE OF PRIOR LAKE
BOOK 95-111
/
J. r --'-...
I ""7;.:--;.-
- If' . /
. . r:o:.F""' . I
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. ~
..... .. _ ,"}
C':Fir ",
827'8 ",
~.-
CITY OF PRIOR LAKE
142q37
~.
I-
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t=
(.,
......--.......
". ,
(
~L-.C: AS;;; ~/'-J-r-
ttIrFElF ,:.':. 1:~:2
f 220 I'~: I 15:'7, 1_
~.
!:')I"~--- "
!_.c,.:l" I
-,
..
I have reviewed the attached proposed request (Erie Avenue Vacation) for the following:
Ci Code
Storm Water
Flood Plain
Natural Features
Electric
Gas
Other
Buildin Code
Recommendation:
Approval
Denial
--'- Conditional Approval
Comments:
Signed:
Date:
q~
Please return any comments by Tuesdav. SeDtember 22.1998, to
Jane Kansier, ORC Coordinator
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-4230
Fax: (612) 447-4245
~:;-;-\~;';
......:.:.-::: r.,..~..!.. r;:::>. rLc:c, U' \:!J L~ \~\ .... '..
.' "';,.\~ ~~ I..
:'U'r=--- li i'
~lsEP 2'- \W~
1:\98files\98vac\98-125\referral.doc
Page 2
I have reviewed the attached proposed request (Erie Avenue Vacation) for the following:
Water City Code Grading
Sewer Storm Water Signs
Zonina Flood Plain County Road Access
Parks Natural Features leaallssues
Assessment Electric Roads/Access
Policy
Septic System Gas Buildina Code
Erosion Control Other
Recommendation: V Approval
Denial
~ Conditional Approval
Comments:
Ne, I:lo,.tltl\,;.o..",,~ C'~"""~_"5
Signed:
,A~~/a::A -
Date:
1/..\"8
Please return any comments by Tuesdav. SeDtember 22.1998, to
Jane Kansier, ORC Coordinator
City of Prior lake
16000 Eagle Creek Avenue SE
Prior lake, MN 55372
Phone: (612) 447-4230
Fax: (612) 447-4245
1:\98files\98vac\98-125\referral.doc
Page 2
I have reviewed the attached proposed request (Erie AvenueVacation) for the followmg:
Water City Code Gradinq
Sewer Storm Water Signs
Zonina Flood Plain ~ County Road Access
Parks Natural Features Leqal Issues
Assessment Electric Roads/Access
Policv
Septic System Gas Buildinq Code
Erosion Control Other
ijecommendation: ~ Approval
Denial
~ Conditional Approval
Comments:
J~~
Please return any comments by Tuesdav. Seotember 22.1998, to
Signed:
Date:
q-23--q~
Jane Kansier, ORC Coordinator
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-4230
Fax: (612) 447-4245
1:\98files\98vac\98-125\referral.doc
Page 2
"
..
I have reviewed the attached proposed request (Erie Avenue Vacation) for the following:
Ci Code
Storm Water
Flood Plain
Natural Features
Electric
Gas
Other
Suildin Code
Recommendation:
Denial
--'- Conditional Approval
Comments:
Signed:
Q.t)I J~Z'~
Date: ~ I~) /~
Please return any comments by Tuesdav. SeDtember 22.1998, to
Jane Kansier, ORC Coordinator
City of Prior lake
16000 Eagle Creek Avenue SE
Prior lake, MN 55372
Phone: (612) 447-4230
Fax: (612) 447-4245
1:\98files\98vac\98-125\referral.doc
Page 2
I have reviewed the attached proposed request (Erie Avenue Vacation) for the following:
Water City Code Gradina
Sewer Storm Water Sians
Zoning Flood Plain County Road Access
Parks Natural Features Leaallssues
Assessment Electric Roads/Access
Policy
Septic System Gas Building Code
Erosion Control Other
Recommendation: -X Approval
C~mments:
-1J~ "
Denial
~ Conditional Approval
\~~
- . M ;P~-t-t
Please return any comments by Tuesdav. SeDtember 22.1998, to
Date:
-1J~3l1(
,
Signed:
Jane Kansier, DRC Coordinator
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-4230
Fax: (612) 447-4245
1:\98files\98vac\98-125\referral.doc
Page 2
FROM SCOTT-RICE TELEPHONE CO.
PHONE NO. : 612 226 3758
Sep. 17 1998 04:49PM Pi
I have reviewed the attached proposed request (Erie Avenue Vacation) for the following:
Water City Code Grading
Sewer Storm Water Siems
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
POlicy
Septic System Gas Buildina Code
Erosion Control x Other Tf.L~.
Recommendation: _ Approval
Denial
X- Conditional Approval
Comments: '
sc.orr- R\c...E. TE.LE.PI-\O~e... H....~ " MA~"()'-t;.... .. ~~t+ " ,',
~'lSTe.1"\ ,~lT~ SE.\ltAAL L.AlJ.:.E. e"'e:.LE.'~ 1'1'\0\ iT, 60\~ TH'<<..\J.,
THE A~" Yb\1.. \.rS\SoH 70, VF\t..~TE. .T"e ~\t.t\, O~ ~J\V.
WE. WO\.lLt) BE.l t.J f\?PRbVPc\.... OF c..~P\\\\c:;'J~l::a "tiE.
~nll)~ ~t. p..~ LOC:.J\"re..t).' I ~\O t\ EM.EJV\~'T' I=OlL u.,,""t\l..\ T\t~.
,M'W.~E.CJl6C.Q H~~ ,1\ e:.A!. Ltl\)E :S:~\ \A~~T' O~ Ou..~
",:"
,r
~\\L\,\"t.~
G' Scott Ric:~e!:~A~~~.~o;.~ompany
'" ";' ',,".', '" , P..~ L.n.~E. MINN. 5!5372 '
. .., .
. ",.
,'::,~ ,;,,:,,(;:,,:>,,:,:':,'s~:raFl~~~i~t '
SA"""" . BURN5VILl.E . lAI<EVILLt:
DON P,.ARLAGE
OlrrlllOO ~'I.AHT ENGINEER
Qrpocr,; 15'12'''<17.3758
Co:u. 612 91l!l.5BS7
F_ 612-226-3758
PAaEn 612.680-81S2
VOICll MAIL WITH PAGE 612.;ZaG-3662
SIgned:
\)~ ~~~-
Date:
9 ~.] 7-cr.9J
Please return any comments by Tuesdav. SeDtember 22. ,1"8. to '
. .J,ari~~:K~nsi~~,.:DRC ,COordinator
..C\tY',ofPriorL~ke, ':'.'".""',.'".',-,: '
','6000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-4230
Fax: (612) 447-4245
I:\98files\98vac\98-125\referral.doc
Page 2
M_U.._J--_11.,U)
I
. ,-"No. !toM-QUIT CLAM DlID
,- Corpodt..... or '-.Ill!>
to CorparIIlo.1 or ,-.Illp
No delinquent tax" and tnnafer en~CertUlc:ate
,...J of Real Estate Value ( ) filed ( ....,-not rvqulred
)Jl Certlficate!!.f ~al_~tatc:. Value No.
':t I ~.I"O ,19.zs:::
to
.....
,
~I
~
I STATE DEED TAX DUE HERl"ON: .~
rc.. II Count/.-- ...
~orIlCo<llll'.-
I ....., C8IIII1 till III .... ......
_ ... III ... J!M ..~
\114 _ ..,,,
u.lt~~1'rId . .
I.U"'II~.4-21;~b' .
~;& w. ....alt~
llIClf ..... i
., .....,
by
~t'-~....-.,..,~ - -
County Auditor
r#'-tfAJ.~;;:: ~
De
t
Date: J\..I'le 11,
,19~
I
(reserved for recordinl data)
'Mimesota
11le Ci tv of Prior Lake
. a corooratial under the laws of
, Grantor, hereby conve)'l..,d quitclaims' :>'l'hI: Cot.Jr'\t.... -:>f Scott
, Grantee,
, real property in
FOR VAr,UABLE CONSIDERATION.
a
corporation
scott
under the IaWl of MiroesOta
County, Minnesota, d'~icribed ll!l fonows:
That part of th~ Chicago, Milwaukee, st. paul and Pili.: l fie Ralll'Oad COrrpany' 5
right-of-way described as follows:
cemnencing at the sout:n.lesterly corner of Block ~. Prior Lake, scott Cou'lty,
Miru'lesota, according to the recorded plat thereof; thP.nCe on an asmmed 'lear1nq
of SoL.th 15 degrees 31 mirot:es 3C seconds ~t al~ tne southerly extension of
tl>e westerly line of said Block 5, a distao1Ce of <18.40 feut to the intersection
with a l1.ne drawn parallel with and difitant 50.00 feet northerLy of the nortl1er-
ly l"..l1e of the AdjudiC'ited and Revised plat of RIeck 13, according t.o the
recorded map ~Jereof. bein..J the point of begin~ing; thence SOl.:th 74 deqreeS 14
minutes 20 sect'lrlds East along said parallel lin~ a distance of 151.13 feet;
therce South 15 degreeS ~51 mirutes 30 seccnc1s west a distance of 50.00 feet to
said northel'ly line oi !'aid Block 13; thet're South 74 deqreeS 14 miruteF 20
lit __11__. cont...... on_I
together with all hereditamet.ts lUld appurtenances bP.loncinI thereto.
.dlll\. St.dli!, 1I"rl
t,ona ttt'" J_d :':t
"-~
(,.,.;...a1, ...l:.....~..,
By
By
STATE OF MINNESOTA
COUNTY OF _.:~~:~~IN_
l u.
The foregoing was ac;.,.{.,.':~Jged before me this 11 th day of J\..I'Je . 19~ .
hy _ Gary G. Johnsa1 _and Michael A. Io'cOJire
the Mayor and _ Ci tv Manaqer
of 111e City of Prior' Lake ... llU'licipal corporatior.
under the laws of 111e S"nte of Mi~~. on behalf ~1b' ~~ 1 t~, Prior Lake
NOTA. IAL STAMP OR SiAL lOR (.'rllltR TITLlt OR RANKI 1 ; 111 I.fJ J/ L
...........AAAAA."".....'..'\M. ! " ~tl( Ltf.. ~
~MMJVIN"""""""'~""'- \ i IIOIVTuall 0' .1I1110N TAltll'lO ACltllOWLllDOMIIlfT
,. ,~Q,.:t. v C\ ':-N t~~lSO~ I
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'. , , . j.. ~ y
".j ~>IJ .. t ') ">
..~'. /'J"F.\'-"" .1/\1,;....,\1,,"111/...'\"......'.'.." f II
THIS INSTRUMENT WAS DRAFTED BY (NAME ANDAODRItSS):'
rr""'EH. NEl.SON. Sl.n.LIVN'J >. DO; F. 1''''\1
1 j 70 TeF Tower
~,-1 i rtr1eapo 1 i S t f.1] J t)C,1.0)
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~_I~(',.;'\ v, l'1\"','':N r~~LSOi':
.... ,/",', >;:.:c:--:~: ::~::-~,,c.j~,,
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It"QNA T'.J ac.& ur- ......V,. ,,^~"nV ~.............,.. ............-........
~:~:~.l':(\:::\~J:~:::.~ = ==~fl.~::.~~):lD 0." laICrwa_' tboWd
.Jj.IY
THIS INSTRUMENT WAS DRAFTED BY (NAME ANDAIIDRES8): \
1.aif'1F.N. NF.U:;ON, S\JLL IV fiN " en! E.
1120 TCF Tower
Minneapolis, rm ')5402
P"'j
I
I
____---1
r
------.--- .---'
,,_ Me. "oM-OUIT Cu... 0110
Corporetlofl 0'" --"It>>
10 C--'..... or P........1t>>
No dellnq,uent tax. and transfer entered; CertifIcate
of Real i4'tate Value ( ) rued ( "'tft6t required
CertlftcaW~~Value~~9~
" ~ ~";".;!i fI~.~"d. ..
.: r,..r,:V. ..4Ii&
I ," '.~v ctr.lIr llIII !Ill wIlIIII -=-:.&
.." ~.:n II at ... -.y~
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U it ,.fP"-'Lt'*IA .
.r~~bN-:~ ~
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~-q~
County Auditor
by PI!#h ~~
De t
STATE DEED TAX DUE HEREON: $
Date: J\.n! 11,
, 19.m;_
(reserved for recol'tinl data)
FOR V ALIJABLE CONSIDERA'f10N, ---~.J..lIgL
, a ~..~1nn under the lawe of
, Gtantor, hereby convey. and quitclaims to '"- ('.....-V nE
Mirnescta
- SCOtt
a corporai:ior. unde.' the lawe of Mi~ta
~ County, MlnnelOta. delcribed a. folio..:
Thai: part of the Chicago, Mil-.wee, st. Pall a"Id Pacific !'<ailroad COqw1y's rl!t1t-
of-way described as follOloolS:
l3eginning at tt.e northeasterly comer of lDt 7, Blcr.k 13, of th? Adjudicated and
Rwised plat of Block 13 a"Id 1'5, Village of Prier Lake, acl......lt'(l1ng to the rec.:.s'Cled IIlIIP
or }:lat thereof on file 11'\ the Office of the Ccu'lty Recor"Cll".', scott Ccu1ty, t>".1n'le-
seta; thence on an a5!IUIled bearillg of North 71. degrees 11. pwutes 20 seconds west
alo.1g the northerly line of said Block 13, a distance t)f 39.9'1 feet to the north-
westerly comer of said Lot 7; thence North 16 degrees 56 minutes U) seocnds EalJt a
distance of 100.02 feet to the intersection with II line draHn parallel with and
distant 100.00 ft!_ot northerly, as measured at ri!t1t 1IlY11es tt- ~ northP.rly line oC
said Block 13; thence South 71. de.p ees 11. Ill1n.ltes 20 seocnds Ear.: par"lllle 1 with said
northerly line II distance of Z75.04 feet to the intersection with the sout."1erly exten-
sion of the east.t.~rly line of Block I., Village of f-rior Lake; t:hI!!noe South 15 degrees
111__10--. .....,.........._1
together with all hereditaments and appurtenances belonlinc thereto.
, Grantee.
. real property In
D
'.1 ! I ~l,inll' I "'f'"
lOll. ~1~ ~:,. . ~ .....
-----~..- ~
c.. ..:,'" T.",.'H,6
By
By
Ita
STATE OF MINNESOTA. } ...
COUNTY OF _ ~r;_
,li~,
The foregoing wu acknowledged before me th.. ~_ day of JU1e
by Gary G. Jotnsa'l anJ Micrael A. I''eQlire
the Mayor _ _ and _.~t\' r,~~r
of The Ci ty of priC'........:~,'~~.' ,a r-o.nicipal corporation
under the laws of '!he .,,1 ;.~~' 'JF Mi\"no!so~..a ,on bebalftf;,f-'1e Ci t;y :f Prior Lake
NOTARIAL STAM' OR 5&AL (011 oTHa:a TITLE 011 RANK) _ i U tit/I.t t,
SIONATI1IlE 0" 'EIlION TAK",O ACK".OWLEOOMENT
.~.N\Nv,^^'v.M.
~'~._."'. v, O\'!'.:~; ;;::'.50'1 ~
ai:l.!!lf,\" . "I'.'''' ... _. S
\':E:"~,.. ".JrJ,~.::..."._, ....,. (__I.. S
~.' l. '. . '.... ~
.: l.dCCr:-XL"':..... ":'-':":.'1 I)'.J .~
\.:V~VV'/WVVVV...'\...'\,v.'..
~~::-.':~~~l:J:~. = ~=~f==):" o.t. UUI..._, .....
THIS>> INSTRUMENTWA' DRAFTED BY (NAM'- ;NU....DD..ESIi~:'
l..crrmen, Nel!':Clt'1, Sulliva.l f. C(lI.F.. P,A.
1120 Tf:F' Tower
Minneapolis. MinnPsota C,')402
r~'" ,:(~~':'~.\'L...:;~~~;;J I).... ~
\: ,,,...VAIVV\I,,,,,,^,,,,,,,,VV'Nvv'NIIV\i./\f\IV\'.. .,
rHIS INSTRUMENT WAS DRAFTED BY (MANY .-.:1lJ ....DDR~SSl:!
!.arrnen, Nel!'lon, Sullivan & COLE. P.A.
1120 TCF Ta..oer
Minneapol is, Minnesota ')5402
Ii
___~___J
,_ N.. l1oM-GUlT CLAIM DIID
CorpoN_or'__
toCorpor8l",,,or'''-'''1p
I No delinquent trxes and tranafer entered: Certificate
of Real Elltate Value ( ) Ned ( ~t required
OlrlflC.teo?~ ~te Value No.
1_ ~. /l'J ,19.zs=
k/..4-&.~
County Auditor
N-~~"--
.,
..,..,
by
De t
STATE DEED TAX DUE HEREON: $
Date: Ju1e 11 L
,19~
(reserved for recordinl data)
MtrYlesota
1tle City of Prior Lake
,a _ coqx>ratien under the laws of
,Grantor, htll'eby conveys and quitclaims t/)11'lP. r-L'll~ n~ ~
, ~rantee.
_ , real property In
FOR V ALUABLJ!: CONSIDERATION,
corporatien under the laWI of Mil ll"Ie;;nta
Scott County, Mim..:ota, described as follows:
That part of the Chicago, Milwaukee, st. Paul and P8Cific Raj lroad carpany's
right-of-way described as follows:
a
Ccmnencing at the southwesterly corner of Block 5, Prior IA"\l<e, soc.tt CcA..nty,
MiJvlcsota, 8CCOrding to the recorded plat thereof; thence en an assuned bearing
of SCuth 15 degrees 31 mirutes 30 seconds west il~-rlIJ the southerly extensien of the
westerly lille of said Block 5, a distance of 98...0 feet to the ;ntersectio<1 with a
lir.e drawn parallel with and distant 50.00 feet northerly of the n:>rtherly line of
the> \djudicated and Revised plat of Block 13, ilCCOMinq to the recorded mao thereof,
the point of beginning of the land to be described; thence South 74 degrees V;
mi11lJ1A!s 20 seconds East alcng said parallel line a ciistance of 151.13 feet; thence
South 15 cL"'ql"ees 31 minutes 30 secol'"ods west a distance of 50.00 feet to said nort:i'ler-
ly line ~f said Rlock 13; tI'1eo::e North 74 deqrees 14 minutes 20 seccnds west; alCJn<)
(11......._1. _. 00"'_ Ol'l beck)
t.ogether with all heredita:nentl and appurtenances belonpg thehto.
By
By
STATE OF MINNESOTA
} g.
COUNTY OF
HErfiEPIN
11th
and
and
,19 ~5 ,
The foregoinll was acknowledged before me this
by C'Xiry G. Johnscln
the Mayer
of The Ci tv of Prior Lake
under the laws of The state of Minnesota
I
I
___t
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANKl
.~.
S ~ v. OWEN t-:ElSON ~
~ ';;,c'-/"" \ t10T.,r,"f. ll'ClL'C-'" ,., :-""T".
~\-6.J."'.'" ,,'d:q,I!>~::~:~'~~c'~iit:'r.~oJ' - I'
_ I.~'l' 1..0'. . [AI ,1\';:, ~.;P d. 19(.;:.0 >
\ ~'..."'..'^,V'v\'~"W"^^lVW,^",""oN"".
~~:r,':'a~~uJ:~" ~-:A ==~f=='):- dall .....,..., *o\lld
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS), i
1/)'11',11-:1>1, N.].':;Of'l, Stn.1.IVNJ f. COLE, P.A. i
1 i?fJ Tel-' T()Wt'r I
. . i nnc.:~no 1 is, ~.1f'; ',')S4()'/
\ by
L
JY~~~
Deputy I l
.19 8'- ,
By._
STATE DEED TAX DUE HEREON: $
Date:~ll,
(reserved for recordine datal
FOR VALUABLE CONSIDERATION. _ The (;~ty of Prior Lake
. a - corpc:>ratial under the laws of
. Grantor. hereby conveys and quioclaims to'1'tvo ("ro....~ of" <;rntt-~_
_ .Grantee.
_ . real property In
Minnesota
corporatial undet the laws of Mi nrlP.SOta
scott County. Mlnnp.!"ota. described as follows;
That part of the Chicago. Milwaukee, st. paul and Pacific Railroad earpany's
right-of-way described as follows:
a
conmencing at the southweSterly corner of Block 5, ?rior Lake, scott eounty,
Minnesota, according to the recorded plat thereof; therx:e on an assuned bearing
of Scuth 15 c:legreeS 31 mirutes 30 seconds west :-.long the southerly extensial of the
",-esterly line of said Block 5, a distance of 98.~ feet to the interser:tial with a
lil'lP. drawn parallel with and distant 50.00 feet northerly of the northerly Hne of
tl'v' l>.djudicated and Revised plat of Block 13. xcorrling toChe recorded map thereof,
the point of beginning of the land to be described; therx:e South 74 degreeS 14
mirutes 20 seconds East along said parallel line a distance of 151.13 feet; tt.ence
South 15 degrees 31 minutes 30 seconds \'lest a distarx:e of 50.00 feet to said norther-
ly line of said Block 13; therx:e North 74 deqreeS 14 mirutes 20 seconcIs west along
elf mort ...- It nMCItd. contlnu. on bKkl
t,lgether with all hereditaments and appurtenancef belonging thereto.
By
By
STATE OF MINNESOTA
} D.
,19~,
COUNTY OF
liEN'lEPIN
day of J\ne
MiChael A. tJL-QJ1re
Citv tMnaOer
,,"4'JJ;. '~Ir= ="''''=:=
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The foregoing was acknowledged before me this 11 th
by GarY G. JoI'lrIsal __and
the MaYor and
of ~ The Ci tv of ?riol'" Lake
under th'! laws of The state of Mirnesota
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
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THIS INSTRUMENT WAS DRAFTED BV (NAME..NDADDRua),!
tfJ'-MF.N. t-l":L.<;ON, SllLL!VArJ 1'. COLF., P.R.
11 7-0 TCF Tower
M i nnt.apol is. MN S';407
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"",II 11]( "t,lltfjt'r'ly t'Xlt'rl...-:;inn of tJ1P Wc:-)ttTJ" 1 .;.
.I()r t il] It>i:n'(-'~; -~l 1l1111Iltc'~~ 'Tin ~lt'('ond" Fist I' t .. ,.1
I ~ 1 li!I"I. ';l'\'t Illll" T\!\t'li<,h\P I tl. ~-. 1~:tllC1f:l (jl<' .![V \'
l)f l:-:d. 1 ,'t.t to Ult'~ inll"c-
of ~~did nit' '<k ';; U\l'r'('t.~
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QUITCLAIM DF.F.~
':;rantor, RICHARD B. OGILVIE, not as an individual hut soiely as
Trustee of the property of Chicago, Milwaukee, St. Paul and Pacific
Railroad Company, Debtor, being in pose<f!ssion of all the assets and
property of said Railroad Compcny under authority of the United States
District Court for the Northern District of lllinoi9, Eastern Division,
Docket No. 77 B 8999 in proceedings under Section 77 of t.he Bankruptcy
Act and pursuant to Order No. 19 of said Court entered March 6, 1978,
for and in consideration of the sum of $64,229.00. the recpipt Ilnd
sufficiency whereof are hereby acknowledged, doeR hereby CONVI::Y and
QUITCLAIM, free from the liens of s..j.d Ra 11 road Company's Fin'! :Iortgage
and General Mortgagp, each dated as of January 1. 19~4, and all
mortgages supplementary thereto, and from ail other lien6 and claims as
provided in said Order No. 19, unto SCOTT COUNTY, c political Subdivi!lion
of the State of Minnesota, Crantee, !lubject to nny Rnd all exceptions
and resen'ations herpinafter set forth, lile following d';scrihed real
estate, to-wit:
~~:
Tilat part of the abandoned right of way of the
Chicago, Milwaukee, St. Paul and Pacific Ral1road
Company in the NE~ of Sect10ll 2, Tm.rnsh~p 114,
RRng~ 22, Scott County, MinnesotA, lying 50.00
feet 00 each side of the centerline thereof as
set forth by Scott County Document Number 178670
on file in the Office of the County Recorder in
and for said Scott r.ounty and lying easterly of
the southerly extension of tI,e easterly UIlt' of
Block 4, Prior Lake, according to the r~~ord
plat on file in the Office of the Scott County
~ecorder and lying we!lterlv of the centerline of
State Trun" Highway Number 13. The ce,;terline
of said Trunk Highway is more particularly
described as commencing at the NE corner (.f said
Section 2; thence westerly along the north liae
thereof 355.12 feet; thence southwe!lterly.
deflectinR to the left 36047'01", a distance of
314.79 feet; then=e southerly, deflecting to the
left 37003'00", 0 distancr of 893.10 feEt [0 the
p0int of heRtnni"C of the centerline of sold
Trul\k Highway; thence cop.tim:ing on the proiC'n-
gation of the last described Ii,..... 700 feet .p,d
said centerline there terMinat
ALSO
PARCEL 1\:
-.-.-
That part uf said ahandone~ _~Rht pi waj in the
w'i of said NE~;; ~ytng SO.OO feet (111 '-;Jeh side 0:
the ('cnterlinc thereof as set torth by Scott
Countv "''''>lncnt Number 17H670 on fi 1" in t~e
.-
..
Office of the County RE'corder :n ;illd for said
Scott County ly1.ng easter::'y of a line 281.13
feet easterly of and parallel with the southerly
extension of the westerly line of Block 5, said
plat o~ Pri?I Lake and lying westerly of a line
described as cOUllllencing at the northeasterly
COT.ner of Lot 7, Block 13, of the recorded map
of the adjudicated and revised plat of Blocks 13
and 15, Village of Prior Lake; thence north-
westerly along the northerly line of said
Block 13 a distance of 39.97 feet to the north-
westerly corner of said Lot 7 and the point of
beginning of the line to be de,;crfbed; thence
deflecting to the right 91011'00" 100.02 feet to
the intersection with a line ~rawn parallel with
and distant 110.00 feet northerly of, as measured
at right angles to the northerly line of said
Block 13 and said line there t~rminating.
Together with all interest, if any, which the
Grantor may have or may hereafter acquire in
Main Street and Highway 13.
Together with all facilities. structures and
improvements located on the property here~y
conveyed.
This conveyance is subject to Railroad Lease No. 79617 in favor of
Farewell, Ozmun, Kirk & Company and to all existing rights of way,
easements, licE;nses and pe:-mitF. whether or not: of record. and to all
exceptions and reservllt ions of r ':Lord.
IN WITNESS WHEREOF, this instrument 1s ~xecuted by RICHARD B. OGI1.VIE
this
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RI HARD . OGI1.VIF., no'l ;IS an
individual but 50J.<.1" as-Trllstet> "I'
tl-te propertv of ChieRgo. Hi l\,wukt't'.
~:. Paul and Pacific Railroad
':l.I:~ 'in.:. Dpbtor
\~ i"i ~~l~SS:
.r
,
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For sa id Tru!;tce
.~ ~. KE~G.~N
This document was pr"I'Dled on bell,,1 f "I RICHARD lI. OGII.VU:. ",.t .1" ;>n
InJlvidual hut "olely liS Trust..... "f th... propt'l-tv "f Cl-,l<"ar.". ~!i lw.luk.......
St. Paul and l'adflc Kailro:od Comp;Il1\'. 1\"l>r<,r. hv r. H. K"'T."'" Rt'.1l
E~;tate Attnrrll'\'" ProperlY Mani\~ern('nt ll,,:p;lrrl~lt'l~t. Chicagl'. \01: l.....tl.lk..'-. :-:t.
!'alll allll I'il<"i f j (' I:" \1 road Compan::. I',.~t ,'I". IOh i ';11.:0. III in.""
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STATE OF ILI.IIlOrS)
)
COUNTY OF COO K)
UIl this
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, bcfoL.C "...:,
the undcrsi~ned. a ~otary Public in and for Gaid County ~nd Stat~.
I'vr:;vllally ;lppear~J IUCII.\.;l) li. OGII.V L:. to me knOHl\ tv be th,' ilknl il';,1
.
person named in and w~o c~;ecul;ed the forcgoinr. instrcment. .tnd
acknvwleugco that h<! cxccut.!d the :;amc as his "olul'lta.y ;lct ;'no J~~J .1:;
Trustee aforesaid.
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.~.'i ;) / ;/J';;f ~flt1
/ / Notary l'u lie
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Phone #
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CITY OF PRIOR LAKE
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