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Home My WebLink About99-023 Vacation May 19, 1999 Scott County Recorder's Office 200 Fourth Avenue West Shakopee,~ 55379 Enclosed for filing are true and correct copies of vacation Resolution 99-42 for (Case #99-023) Mathew Prettyman, Lots 12, 13 and the North 1/2 of Lot 14, Map1ewood Townsite. PID #25-098-008-0. Please send your statement with the recorded documents to my attention. Thank you. C/;tttM.L Wgt0- Connie Carlson ( Planning Dept. Secretary enc. 16200 ~~ek Ave. S.E., Prior Lake, MinnesotaPw3172-1714 / Ph. (612) 447-4280 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY' EMPLOYER ~ --" Doc. No. T 1 03932 Rle 1d2l Vol. 74 Page 254 Cert 25050 OFFICE OF THE REGISTRAR OF TITLES SCOTT COUNTY, MNNEOOTA Certified Filed on 05-21-1999 at 08:10 [~]AM [ ] PM Pat Boeckman, Registrar of TiDes 04 by ~ ,Deputy Fee: $19.50 ~ Case File #99-23 )O~tP~~ STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) I, Kelly Meyer, being duly sworn as Deputy City Clerk of the City of Prior Lake, do hereby certify the attached Resolution 99-42 is a true and correct copy of the original as passed and adopted by the City Council ofthe City of Prior Lake at its May 17, 1999 meeting. Date: 05/?CJ!} Dated this It;{ day of May, 1999. ',' ;-.~.~.~,~ ~, ,. .. ~ ~ i~/.G it I~;';., .,_~,J ...... ..r"./ .'i .,; ,;~:;.. ':~is~i: ;.. .r~~\,\ ,.c-.... ..(,.... "~..'''''''''',' .... (~'tv'~' ~ .'-0' .~.: - 'r?J~~~r~:.~~e - ~,;:' .,. ~~ .,. -.... _, '..- -, ":';:, '.-:;. ,I ! OJ ._:..... ,.\. . l'.....'_......." "...:-':::t:J ~_.~:~,:'.:- ::::;:P,'~: '1):0".:' :~': ;'-,~ 4l. <,~" :J:::,.: :.f:),~ .~. ~.,...,.'....., ....., ',-"";';;'-:'~."" -:,,"~:,.~:,.:' J-;-...",>." '-~) ,~ :' '-o"'?/'> , .. ..-.,''-_ . '{ .~...... . ",'.r_. a-. . ... ....e.'. .......... ,.. '" ., .:'~t] /')'- .... .. . :~' .. # . . : .".1/7'1 '::1 ,,' '.' 1 '.,-" I 'ri- - I"~ \ . , ....."".;-,. .....-.. I; Ideptworklblankfnnltrueeopy.doc RESOLUTION 99-42 RESOLUTION PROVIDING FOR THE VACATION OF A BLANKET, UNRESTRICTED EASEMENT LOCATED ON LOTS 12, 13 AND THE NORTH 1/2 OF LOT 14, MAPLEWOOD TOWNSITE MOTION BY: Kedrowski SECOND BY: Petersen f WHEREAS, a petition for the vacation of a blanket, unrestricted utility easement has been duly presented to the City of Prior Lake, signed by the owners of the property abutting the following described easement situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: Lots 12,13 and the North 1/2 of Lot 14, Maplewood Townsite; 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, May 17, 1999, 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 easement 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 blanket unrestricted utility easement situated on the above described property in the City of Prior Lake, Scott County, Minnesota is hereby vacated, subject to the following condition: . 1. A utility easement for the existing utilities on the property must be granted to the City. This easement is described as follows: . That part of the platted roadway in the plat of Maplewood Townsite, Scott County, Minnesota, lying northwesterly of the following described line: Beginning at the southwest corner of Lot 8 of said plat; thence southwesterly to the southerly corner of Lot 12 of said plat and there terminating, and lying southwesterly of the northeasterly lot line of Lot 12, extended southeasterly to the last above described line, and there terminating. BE IT FURTHER RESOLVED that this Resolution will be forwarded to the Office of the County Recorder, Scott County, for appropriate action. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . d BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute the court order effectuating the above described easement action. Passed and adopted this 17th day of May, 1999. MADER KEDROWSKI PETERSEN SCHENCK WUELLNER YES X X Absent X X NO MADER KEDROWSKI PETERSEN SCHENCK WUELLNER Absent Frank Boyles City of Prior {Seal} RESOLUTION 99-04PC RESOLUTION RECOMMENDING THE VACATION OF A BLANKET UNRESTRICTED EASEMENT LOCATED 3442 SYCAMORE TRAIL MOTION BY: CRIEGO SECOND BY: KUYKENDALL WHEREAS, the Planning Commission of Prior Lake has considered the vacation of a blanket unrestricted utility easement on the property located at 3442 Sycamore Trail; and WHEREAS, the Planning Commission has determined that the proposed vacation is compliant with the Comprehensive Plan; and WHEREAS, the Planning Commission has determined that there is not a public need for the blanket unrestricted utility easement. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PRIOR LAKE, recommends to the City Council that the previously dedicated blanket, unrestricted utility easement on the property legally described as Lots 12, 13 and the North 1/2 of Lot 14, Maplewood Townsite, be vacated subject to the following conditions: 1. A utility easement for the existing utilities on the property must be granted to the City. This easement is described as follows: That part of the platted roadway in the plat of Maplewood Townsite, Scott County, Minnesota, lying northwesterly of the following described line: Beginning at the southwest corner of Lot 8 of said plat; thence southwesterly to the southerly corner of Lot 12 of said plat and there terminating, and lying southwesterly of the northeastEllrly lot line of Lot 12, extended southeasterly to the last above described line, and there terminating. 2. The documentation relating to his vacation and granting of the proper easement be recorded within 60 days of approval or the vacation will be null and void. Passed and adopted this 10th day of May, 1999. Ant~ (1:EST Don Rye, Planni 1:\99files\99vac\99..023\rs9904pc.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 MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT MAY 17, 1999 7B JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR PUBLIC HEARING TO CONSIDER APPROVAL OF RESOLUTION 99-XX VACATING A BLANKET EASEMENT LOCATED ON 3442 SYCAMORE TRAIL History: In November, 1992, the property owner at 3442 Sycamore Trail filed a registration proceeding for this property with the District Court. At that time, the City raised an objection due to the existing utilities on the property. Rather than grant an easement over the existing utilities, the Court provided for a blanket, unrestricted easement over the entire property. The purpose of this vacation petition is to remove the unrestricted easement and to replace it with a defined utility easement. Current Circumstances: The Planning Commission reviewed this vacation request on May 10, 1999. The Planning Commission adopted Resolutions 99-04PC recommending approval of the proposed vacation. The Planning Commission determined there is not a public need for the entire blanket easement, as long as a specifically described easement is retained. The attached resolution includes a provision retaining an easement for the existing utilities. There is no public need for an unrestricted blanket easement over the entire property. The Issues: Minnesota Statutes 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 proposed vacation of the unrestricted easement is consistent with the Comprehensive Plan. Furthermore, there is no need for the City to maintain an unrestricted easement over the entire property. The described easement will adequately protect the City's interest in the existing utilities, and provides the necessary area for the maintenance of these utilities. 162b{j9fi1g~~~~~~~~~~\9?;~r:~'P~?6r Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fa!(Bl~) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .. ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: 1: \99fi1es\99vac\99-023 \99023cc.doc Conclusion: The staff recommends approval of the vacation of the blanket, unrestricted easement, subject to the condition that an easement is retained over the existing utilities. The City Council has three alternatives: 1. Adopt Resolution 99- XX approving the vacation as requested and authorizing the Mayor and City Manager to execute the appropriate documents. 2. Deny Resolution 99-XX. 3. Defer this item and provide staff with specific direction. Staff recommends Alternative #1. A motion and second to approve Resolution 99-XX approving the vacation of the blanket, unrestricted easement, subject to the condition that an easement is retained over the existing utilities. Page 2 RESOLUTION 99 XX RESOLUTION PROVIDING FOR THE VACATION OF A BLANKET, UNRESTRICTED EASEMENT LOCATED ON LOTS 12, 13 AND THE NORTH 1/2 OF LOT 14, MAPLEWOOD TOWNSITE BY: SECOND BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, a petition for the vacation of a blanket, unrestricted utility easement has been duly presented to the City of Prior Lake, signed by the owners of the property abutting the following described easement situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: Lots 12, 13 and the North 1/2 of Lot 14, Maplewood Townsite; and notice of the hearing on said petition has been duly published and posted in accordance with the applicable Minnesota Statutes, and a Public Hearing was held on said petition on Monday, May 17, 1999, at 7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1; and the City Council then proceeded to hear all persons interested in said petition and persons interested afforded the opportunity to present their views and objections to the granting of said petition; and the City Council of Prior Lake has determined that the vacation of said easement would be in the public interest. NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statues 412.851, the blanket unrestricted utility easement situated on the above described property in the City of Prior Lake, Scott County, Minnesota is hereby vacated, subject to the following condition: 1. A utility easement for the existing utilities on the property must be granted to the City. This easement is described as follows: That part of the platted roadway in the plat of Maplewood Townsite, Scott County, Minnesota, lying northwesterly of the following described line: Beginning at the southwest corner of Lot 8 of said plat; thence southwesterly to the southerly corner of Lot 12 of said plat and there terminating, and lying southwesterly of the northeasterly lot line of Lot 12, extended southeasterly to the last above described line, and there terminating. BE IT FURTHER RESOL YED that this Resolution will be forwarded to the Office of the County Recorder, Scott County, for appropriate action. 1:\99files\99vac\99-023\rs99xxcc.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 ," BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute the court order effectuating the above described easement action. Passed and adopted this 17th day of May, 1999. MADER MADER KEDROWSKI KEDROWSKI PETERSEN PETERSEN SCHENCK SCHENCK WUELLNER WUELLNER YES NO Frank Boyles, City Manager City of Prior Lake {Seal} 1:\99files\99vac\99-023 \rs99xxcc.doc Page 2 Council Meeting Minutes M~ 17.1999 PETERSEN: Agreed with Councilmember Wuellner that the Council should not be lenient in its enforcement of the ordinance. MOTION BY KEDROWSKI, SECOND BY WUELLNER, TO UPHOLD THE PENAL TV IMPOSED BY THE LIQUOR ORDINANCE OF THE CITY OF PRIOR LAKE AND DIRECTING THE MANAGER TO ADVISE MS. ARMIT OF THE PENALTY ENFORCEMENT DATES. VOTE: Ayes by Mader, Kedrowski, Petersen and Wuellner, the motion carried. .. "'"'/ Public Hearing to ConsIder Appnwal of Resolutton 99-42 Vacating a Blanlcat Easement located on 3442 Sycamore Trail. The MAYOR asked if anyone wished to address the Council at this public hearing. None did. BOYLES: Reviewed the action requested and the history of the item in connection with the staff report. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-42 VACATING THE EASEMENT. VOTE: Ayes by Mader, Kedrowski, Petersen and Wuellner, the motion carried. Public Hearing to Conduct Board of Review. BOYLES: Introduced the item and indicated that the purpose of the hearing was to allow residents an opportunity to appear before the Council as the Board of Review to contest the market valuation of their property as of January 2, 1999. Also advised that Mr. Leroy Amoldi, Scott County Assessor was present to answer questions. ARNOLDI: Reviewed the procedures for determining the market value of property relative to the assessed valuation. NORMA TSCHIDA (14837 Estate Ave. SE>: Presented Mr. Arnoldi with a written notice. Also indicated that her property has suffered quite a bit of storm damage making it unmarketable. ARNOLDI: Advised Ms. Tschida that an assessor would come to her property to evaluate the storm damage and re-evaluate the valuation. ARNOLDI read a written notice submitted by WAYNE BAUMGART (2966 Fox Hollow). Further stated that the Wilds development has been treated very fairly over the years and have been valued substantially less than their sales value. Believed the current valuation is a fair assessment. MOTION BY WUELLNER, SECOND BY KEDROWSKI TO CLOSE THE PUBLIC HEARING AND TO CONSIDER A REPORT FROM THE ASSESSOR AT THE NEXT MEETING. VOTE: Ayes by Mader, Kedrowski, Petersen and Wuellner, the motion carried. 051799.00c 3 PLANNING REPORT AGENDA ITEM: SUBJECT: APPLICANT: SITE: PRESENTER: PUBLIC HEARING: DATE: 6A VACATION OF BLANKET UTILITY EASEMENT CITY OF PRIOR LAKE AND MATTHEW PRETTYMAN 3442 SYCAMORE TRAIL JANE KANSIER, PLANNING COORDINATOR _YES X NO-N/A MAY 10,1999 INTRODUCTION In November, 1992, the property owner at 3442 Sycamore Trail filed a registration proceeding for this property with the District Court. At that time, the City raised an objection due to the existing utilities on the property. Rather than grant an easement over the existing utilities, the Court provided for a blanket, unrestricted easement over the entire property. The purpose of this vacation petition is to remove the unrestricted easement and to replace it with a defined utility easement. 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. Upon proper notification, State Statute 412.851 allows the Council to vacate easement or right-of-way by resolution. The statute also states that "no such vacation shall be made unless it appears to be in the public interest to do so". DISCUSSION The Planning Commission must make two determinations. Does the vacation of the existing easement comply with the Comprehensive Plan and is there a public need or anticipated future need for the dedicated property? Comprehensive Plan Review The proposed vacation of the unrestricted easement is consistent with the Comprehensive Plan. 1:\99fi1es\99vac\99-023\99023E.c.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Public Need There is no need for the City to maintain an unrestricted easement over the entire property. The described easement will adequately protect the City's interest in the exist utilities, and provides the necessary area for the maintenance of these utilities. RECOMMENDATION The proposed vacation is consistent with the Comprehensive Plan and there is no public need for an unrestricted easement over the entire property. The Planning staff therefore recommends approval of the vacation of the unrestricted easement subject to the condition that a utility easement be granted encompassing the location of the existing water main. ALTERNATIVES: 1. Adopt Resolution 99-04PC, recommending the City Council approve the proposed vacation of the easement as presented or with changes recommended by the Commission. 2. Continue the discussion to a date and time certain to allow the staff to provide additional information specifically requested by the Planning Commission. 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 proposed Resolution as written or with changes directed by the Planning Commission. I: \99files\99vac\99-023\99023pc.doc 2 LAKE PR\OR N.o~nf r- -) \(1 <:t N 4. ~ ~ ~ PARK - \ _.. ~__",_~_"_~""""",.?"-",,,:,,,~,,,,,,,,_,,~.,,,,,:,-,"___"'_''''''__''_'~'~_'_'~..',' _'V_-'" ,'" __''''~'__'-~'~. "."-'.- RESOLUTION 99-04PC RESOLUTION RECOMMENDING THE VACATION OF A BLANKET UNRESTRICTED EASEMENT LOCATED 3442 SYCAMORE TRAIL MOTION BY: SECOND BY: WHEREAS, the Planning Commission of Prior Lake has considered the.vacation of a blanket unrestricted utility easement on the property located at 3442 Sycamore Trail; and WHEREAS, the Planning Commission has determined that the proposed vacation is compliant with the Comprehensive Plan; and WHEREAS, the Planning Commission has determined that there is not a public need for the blanket unrestricted utility easement. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PRIOR LAKE, recommends to the City Council that the previously dedicated blanket, unrestricted utility easement on the property legally described as Lots 12, 13 and the North 1/2 of Lot 14, Maplewood Townsite, be vacated subject to the following conditions: 1. A utility easement for the existing utilities on the property must be granted to the City. This easement is described as follows: That part of the platted roadway in the plat of Maplewood Townsite, Scott County, Minnesota, lying northwesterly of the following described line: Beginning at the southwest corner of Lot 8 of said plat; thence southwesterly to the southerly corner of Lot 12 of said plat and there terminating, and lying southwesterly of the northeasterly lot line of Lot 12, extended southeasterly to the last above described line, and there terminating. 2. The documentation relating to his vacation and granting of the proper easement be recorded within 60 days of approval or the vacation will be null and void. Passed and adopted this 10th day of May, 1999. Anthony Stamson, Chair ATTEST: Don Rye, Planning Director 1:\99files\99vac\99-023\rs9904pc.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 ? RATIONALE: 1) A STRUCTURE OF ANY SUBSTANTIAL SIZE CANNOT BE BUILT ON THE FOOTPRINT WITHOUT VARIANCES; AND 2) THE VARIANCE ON THE STREET SIDE IS LESS THAN THE PREVIOUS STRUCTURE. Vote taken signified ayes by all. MOTION CARRIED. 5. Old Business: 6. New Business: A. Case File #99-023 Mathew Prettyman request for vacation of a blanket unrestricted easement on the property located at 3442 Sycamore Trail. Planning Coordinator Jane Kansier presented the Planning Report dated May 10, 1999 on file in the office of the City Planner. In November, 1992, the property owner at 3442 Sycamore Trail filed a registration proceeding for this property with the District Court. At that time, the City raised an objection due to the existing utilities on the property. Rather than grant an easement over the existing utilities, the Court provided for a blanket, unrestricted easement over the entire property. The purpose of this vacation petition is to remove the unrestricted easement and to replace it with a defined utility easement. Staff recommended adoption of Resolution 99-04PC, recommending City Council approve the proposed vacation of the easement as presented in the Planning Report. MOTION BY CRlEGO, SECOND KUYKENDALL, TO ADOPT RESOLUTION 99- 04PC RECOMMENDING THE VACATION OF A BLANKET UNRESTRICTED EASEMENT LOCATED AT 3442 SYCAMORE TRAIL. Vote taken signified ayes by MOTION CARRIED. . B. Captf'at Project Summary - CIP Projects. Planning Director Don Rye presented the Planning Report dated May 10, 1999 on file in the office of the City Planner. Minnesota Statutes provides all proposed capital improvements be reviewed by the Planning Commission for consistency with the Comprehensive Plan. The summary describes the CIP process and the funding sources available to the City and expected to be used in paying for the individual projects. As in past years, the primary constraint is the availability of money. In previous years, the City share of County road projects took the lions share of City capital improvement funds. The proposed CIP still has a heavy emphasis on roads and streets, but the focus during the next 5 years is on Highway 13 intersection improvements and local street reconstruction. t:\99fites\99ptcomm\pcmin\rm05t 099.doc 14 May 14, 1999 Matthew Prettyman 3442 Sycamore Trail Prior Lake, MN 55372 RE: Agenda and Staff Report for the Easement Vacation at 3442 Sycamore Trail Dear Mr. Prettyman: Attached is a copy of the agenda and staff report for the May 17, 1999, City Council meeting. If you have questions, please contact me directly at 447-4230. Sincerely, ~1A.L(). J)11h..\^'~ n I) (fi~e Kansier, ~~~-~ Planning Coordinator Enclosure 1:\99files\99vac\99-023\ccagrpt.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 . .~ a ... .. ,\';,/ rS' .lrR1~.I.. -." . __.J , .._-~._..__..._'_._-- Ii ji I Ii MAY I 0 1999 JlWi CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST 1m! PROJECT NAME: VACATION OF BLANKET UTILITY EASEMENT ON 3442 SYCAMORE TRAIL An application for the vacation of a blanket easement on the property located at 3442 Sycamore Trail. A specifically described easement for the existing utilities will be reserved as Dart of the resolution. APPLICANT: Matthew Prettyman 3442 Sycamore Trail Prior Lake, MN 55372 PROJECT ENGINEERS: NA CONTACT PERSON: NA SITE INFORMATION PID#: /' ~Lb-U!::l8-008-0 ---- LOCATION: / 3442 Sycamore Trail ) EXISTING ZONING: 1 .......'VLJ COMPREHENSIVE PLAN: R-L/MD PROJECT REQUEST: Vacation of blanket easement on property. The action will also rededicate an easement for the existinQ utilities. DISTRIBUTE TO: APPLICATION FOR: x Frank Bovles X GreQ IIkka Administrative Land Division X Bret Woodson X Sue McDermott ComDrehensive 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 Rye DOUQ Hartman Site Plan Jane Kansier Fire Chief Preliminary Plat X JenniTovar Bill O'Rourke PUD DNR - Pat Lvnch -=- J' ..... Final Plat County Hwv. Dept. X Watershed Dist. Variance MNDOT X Telephone Co. X Vacation SMDC X Electric Co. Other Met. Council Date Received 4/19/99 Date Distributed 5/4/99 Date Due 5/10/99 Complete Application Date Distributed to 5/4/99 DRC Meeting Date DRC Publication Date 4/24/99 Tentative PC Date 5/10/99 Tentative CC 5/17/99 Date 60 Dav Review Date Review Extension 1:\99files\99vac\99-023\referral.doc Page 1 ~M~'I ,; I';' )l' I have reviewed the attached proposed request (Vacation 99-023) for the following: Water City Code Grading Sewer Storm Water Sians ZoninQ Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas BulldinCl Code Erosion Control X Other TELt. Recommendation: ~ Approval --'-- Denial _ Conditional Approval Comments; "'~ lO1'\6 Pt~ c.NOu...~1'\ 1t../W ~LnN>.:G .s.Vc:."MeU,. \"~\\'L r<..E.1Y\A\NS NO PR.b~l..e~ Signed:. ~~~_ Date: . S"'S~<:ICI_.. ...~.' ..'-.. Please return any comments by Monday. Mav 10,1999, 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 J:\99fiIB8\99vac\99-023\(eferral,doc Page 2 I' I have reviewed the attached proposed request (Vacation 99-023) for the following: Water City Code Gradina Sewer Storm Water Sians Zonina Flood Plain County Road Access Parks Natural Features Leaal Issues Assessment Electric Roads/Access Policy Septic Svstem ~ Gas Buildina Code Erosion Control f Other Recommendation: ---i" Approval Denial -'-- Conditional Approval Comments: Signed: _~k~ Date: 5' -0-- 7f I Please return any comments by Mondav. Mav 10.1999, to 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 I :\99files\99vac\99-023\referral.doc Page 2 I have reviewed the attached proposed request (Vacation 99-023) for the following: Water Citv Code Gradinq Sewer Storm Water Sians Zoninq Flood Plain County Road Access Parks Natural Features Leaallssues Assessment Electric Roads/Access Policy Septic System Gas Suildina Code Erosion Control Other Recommendation: ~ Approval Comments: Denial _ Conditional Approval Signed: f1;UL. L)U/2;€P-T Date: S/5/CJCf Please return any comments by Monday. May 10.1999, to 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 I :\99files\99vac\99-023\referral.doc Page 2 May 5, 1999 Matthew Prettyman 3442 Sycamore Trail Prior Lake, MN 55372 .(, RE: Agenda and Staff Report for the Easement Vacation at 3442 Sycamore Trail " Dear Mr. Prettyman: Attached is a copy of the agenda and staff report for the May 10, 1999, Planning Commission meeting. If you have questions, please contact me directly at 447-4230. Sincerely, ~n~"AI P Planning Coordinator Enclosure 1:\99files\99vac\99-023\agrpt.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 NOTICE OF PUBLIC HEARING TO CONSIDER THE VACATION OF A BLANKET UNRESTRICTED EASEMENT ON THE PROPERTY LOCATED AT 3442 SYCAMORE TRAIL 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, May 17, 1999, at 7:30 p.m. or as soon thereafter as possible. The purpose of the hearing is to consider vacating the blanket, unrestricted easement over the property legally described as follows: Legal Description: Lots 12, 13 and the North 1/2 of Lot 14, Maplewood Townsite. If you wish to be heard in reference to this matter, 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 19th day of April, 1999 by: Jane Kansier, Planning Coordinator City of Prior Lake TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN APRIL 24,1999, MAY 1,1999 AND MAY 8,1999. 1: \99files\99vac\99-023\99023pn.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . .,. ' ~. ',~ - ~ ow ',....._"'._..""'._"~.....L.:_...:~.... ...,..____.,~"'.~_..~<.,...:,....-...- ~.;:; . _.., ___~""" .;...;._.....,~-;.,..;.._--.~~..e...',;.~.,_t..;.._ ....-...:.,;,......- AFFIDAVIT OF SERVICE BY MAIL COUNTY OF scon ) )ss STATE OF MINNESOTA) ty of Scott, State of 999, she.served C/ Subscribed and sworn to be this day of , 1999. NOTARY PUBLIC MAILAFFD.DOC PAGB NOTICE OF PUBLIC HE NG TO CONSIDER THE VACATION OF A BLANKET UNRESTRICTED EASEMENT ON THE PROPERTY LOCATED AT 34 2 SYCAMORE TRAIL You are hereby notified that the Prior Lake City Council will hold a public hearing at Prior Lake Fire Station #1, locat d at 16776 Fish Point Road SE on Monday, May 17, 1999, at 7:30 p.m. or as soon t ereafter as possible. The purpose of the hearing is to consider vacating the blanket, estricted easement over the property legally described as follows: Legal Description: Lots 12, 13 and the North 1/2 of ot 14, Maplewood Townsite. If you wish to be heard in refer ce to this matter, you should attend the hearing. Oral and written comments will be c nsidered by the City Council. If you have questions regarding this matter, contact the lanning Department at 447-4230. Prepared this 19th day of April, 1 Jane Kansier, Planning Coordina City of Prior Lake MAILED ON MAY 7,1999 1: \99files\99vac\99-023 \99023mn2.doc 16200 Eagle Creek Ave. S.E., Prior Lake, M. nesota 55372c 1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 A EQUAL OPPORTUNITY EMPLOYER C....,. -~..~. "'_..'~"_'<-"';_"""~"_'_~':"-_" ..__.~~_'_ AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) (JJ/JJAJ..L of the City of Prior Lake, Coun of Scott, State of Minnesota, being dul sworn, says on the1f1 day of 1999, she served the attached list of persons to have an inte~ the J ~ , by mailing to them a co thereof, enclosed in an envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. o Subscribed and sworn to be this day of , 1999. NOTARY PUBLIC MAILAFFD.DOC PAGB :...~~~,"-,"..'._._ .... .....c....... NOTICE OF PUBLIC MEETING TO CONSIDER THE VACATION OF A BLANKET UNRESTRICTED EASEMENT ON THE PROPERTY LOCATED AT 3442 SYCAMORE TRAIL 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, May 10, 1999, at 6:30 p.m. or as soon thereafter as possible. The purpose of the meeting is to consider vacating the blanket, unrestricted easement over the property legally described as follows: Legal Description: Lots 12, 13 and the North 1/2 of Lot 14, Maplewood Townsite. If you wish to be heard in reference to this matter, you should attend the hearing. 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 29th day of April, 1999 by: Jane Kansier, Planning Coordinator City of Prior Lake 1: \99fi1es\99vac\99-023 \99023mn.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER II 1,A!5{)~.pr~ ~ 11 I' - cA8' 11~ -m .. .... -: cx:fj__(J . . (\~A A/\ 1I&2rl~ t: -- ..)-ff',vn'l1Yl jj3Y20. - ...... ....fue ,If.L. I I I I, j I . 1~~tB~~~ twPi- .. Pij10... . .,:e)t I ~ L,. I r.... ij JI - ~ ~ lilA' ...... . .. . .. . .. n . '. . ,~.. }OAdiiJJ._ ... It>rn . ... .... i : .,....V ~ D -21~ -r v: ...H ........~. .~ 11 'i(kzf9Cj JI 10; 30 ij I j I, II if II II ~Q\L~ ~"tl' YL~ "^"-~ L/ L/- 7- It, 9 1'- ~e\tvt-cQ .. LAw OF'F'ICES OF' BUCKLEY & ~ENSEN 1614 FIRSTAR CENTER 101 EAST FIFTH STREET ST. PAUL, MINNESOTA 55101 TELECOPIER (612) 297-6187 TELEPHONE (612) 224-3361 ~"..r'~l' f~N -~...,' ,,\! ;r~'J.': SHERIDAN .J. 8UCKLEY MARY .JO A. .JENSEN October 14, 1998 ocr 1 6 1998 Mr. Verlyn Raaen City of Prior Lake 16200 Eagle Creek Avenue Shakopee, MN 55372 RE: Certificate of Title No. 25050 Dear Mr. Raaen: Enclosed is a photocopy of Certificate ofritle No. 25050 issued on November 4, 1992 pursuant to a registration proceeding for the Prettymans' in which I represented them. You will note that the property is subject to an unrestricted easement running to the City of Prior Lake. This was established because of an objection raised by the City of Prior Lake at the time of the registration proceedings. Although there was no written easement, it was presumed that the City was entitled to one, and it was provided for in the decree. Unfortunately, the easement was not defined, and subsequently in negotiations with you, your office sent to me a Quit Claim Deed describing the easement, which Deed was executed and recorded on August 3, 1998 by the Scott County Registrar of Titles as document number 96813. A copy of that deed is enclosed. I am now seeking an order to remove the unrestricted and substitute the defined easement. The petition setting forth the relief is enclosed. I have submitted all of the papers to the Examiner of Titles and everything has been approved for the Judge's signature with the exception of the consent of the City of Prior Lake which is required at the fourth page of the enclosed petition. I would appreciate your using your good offices to obtain the required signatures and return the petition to me in the envelope provided. Yours very truly, . ~~~ a . 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That tM .aut part..!!.~.. of the ftr.t part, in. con.i4eration. 01 tM .urn. of ...~9.~~...@:~~...~g....g.P..~.:::bVB4.J;'.e.d.t.b.If::::'::':::".:::=.........................................................=~=~=~==..DOLLARS, to.............the....................................in. han.d paut by the .aid. party of tM NOOn.d part, tM receip~ whereof it hereby aokMwled.ted., do........... hereby Oran.t, Bartain., (}uitolairn., an4 Con.vey unto tM .aid. par~y of tho 1eOOn4 part, its ,UOMIsor. an.d allJitM, Forever, aU ~M trMt...... or parceL... of kln4 Lyin.t an.d Hin.t in. the Coun.ty ol........~.~~.~.~..............................................................an.d State of Mtnnaota, tle.oribed. as folloltJ., to-wit: A perpetual ease~nt for sanitary sewer and wate~in purposes with the right to install. repair. ~intain. alter. add to or re.ove. on. over or across the following described property: That part of the platted roadway in the plat of Hap1ewood Townsite. Scott County. Minnesota lying northwesterly of the following described line: Beginning at the southwest corner of Lot 8. of said plat; thence south- westerly to the southerly corner of Lot 12. of said plat and there tendnating. and lying southwesterly of the northeasterly lot line of Lot 12. extended southeasterly to the last above described line. and there terainating. '. '. 110 Jpabe anb to Jpolb tbt "'ame. Tol1ether witT" ,."U th4J luwed.itam,ents and appurtenan.us there- unto belon.tin.t or in. an.ywise appertain.int,to the saiel paJ.ty 01 the .econd part, its su.oce.ssor's and alsitns, For'ever. lIn tlt.timonI' Mlbettof, The said paJ.Lies of the itele . . . ,....their............ . .. hantZs.. the day an.d year fb'st abollo lur'itun. .......COt1M.t.A MOl_ i.e'Wii'iC . ~lY _ 2He~IOY~ 1 anCl<ft.' . .-9.....9~.~...v. .~~~~~. :.~iiP~~?fZY~ ................................................................................................... ........ ....... .... ._...." ....".._.. 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(".'ppy) ~ ~ 1;:...... ;is ~ r to [~~ f~~ it t-t . ~. \wi! 5 m! ~: .~ fit 0 r;- 0 - r i lI: P " ..~ ~g _. ~ a ~ .. 0 t s Eta. ~ ... o -----..----. . -. ZlESS RN 1"](8"1 ~OJ~d (.III.NiX-S ~""~~s .~O](.a 6Z9., DY"! lIORd .fO ALl:) AU OU:lVUO SVM IN3wnUlSNI SIHl ..........(.6.. 6/ ..........................................~.sri~riv......... "10 flop ...i{:i.9"".....1I11f'1 "~'"~ tJ.wlJll ptJll,alt1101',,,;It) II";" '1wnll'''.I111'''! 111/o,a.lol a1t.L {....................................................................... ...... 'Jo ll,u'1IoD Nld:!lNN:!lH ." fU~0'3UUJltf )0 3~U~9 ...... .....__...~._-----_,_-4 --_.__._.._..._-_._._~_.- ._..._~...- --...--......-.. ~ ' STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT OTHER CIVll.- In the Matter of the Petition of Mathew R. Prettyman and Barabara A. Prettyman for alteration of Certificate of Title No. 25050 to define an existing easement FILE NO. 89-01826 PETITION TO THE HONORABLE JUDGES OF THE DISTRICT COURT OF SCOTT COUNTY: Comes now the petitioner and shows to the Court as follows: 1. That on the 4th day of November, 1992, the Registrar of Titles entered Certificate of Title No. "25050 to Mathew R. Prettyman and Barbara A. Prettyman for the following described land: Lots 12, 13 and the North Half of Lot 14, MAPLEWOOD TOWNSITE, Scott County, Minnesota, according to the plat thereof, on file and of record in the office of the County Recorder, in and for said County and State. That part of the platted roadway in the plat of MAPLE WOOD TOWNSITE, Scott County, Minnesota lying northwesterly of the following described line: Beginning at the southwest comer of Lot 8, of said plat~ thence southwesterly to the southerly comer of Lot 12, of said plat and there terminating, and lying southwesterly of the northeasterly lot line of Lot 12, extended southeasterly to the last above described line, and there terminating. That part of Govemment Lot 3, Section 3, Township 114, Range 22, Scott County, Minnesota described as follows: Beginning at the most northerly comer of Lot 12, MAPLEWOOD TOWNSITE, according to the recorded plat thereof~ thence northwesterly along the northwesterly extension of the northeasterly line of said Lot 12 to the shoreline of Prior Lake~ thence southwesterly along said shoreline to the intersection with the westerly extension of the south line of the North Half of Lot 14, said MAPLEWOOD TOWNSITE~ thence easterly along said westerly extension to the westerly line of said Lot 14~ thence northerly along the westerly line of Lots 14, 13 and 12 to the point of beginning. Subject to an easement for driveway purposes over that part of Lot 12, MAPLEWOOD TOWNSITE, Scott County, Minnesota, and that part of the 40.0 foot roadway as shown on said plat described as follows: Commencing at the southwesterly comer of Lot 8, of said plat~ thence along a line drawn from the point of commencement to the southerly comer of said Lot 12, to its intersection with the southeasterly extension of the northeasterly line of said Lot 12, the actual point of beginning of the easement to be described~ thence northwesterly along said southeasterly extension to the northeasterly comer of said Lot 12~ thence continuing northwesterly along the northeasterly line of said Lot 12, a distance of 12.00 feet~ thence southeasterly to a point on the southerly line of said Lot 12, distant 7.00 feet southerly of the northeasterly comer of said Lot 12~ thence southeasterly parallel to said southeasterly extension of the northeasterly line of said Lot 12 to its intersection with a line drawn from the southwesterly comer of said Lot 8, to the southerly comer of said Lot 12~ thence northeasterly along said line to the actual point of beginning. 2. That this petition is based upon M.S. ~ 508.71. 3. That said Certificate of Title included a memorial that the property was subject: "To the rights of the City of Prior Lake to continue, maintain, repair and relay the existing sanitary sewer, water and utility easements with the right to enter onto the property for the aforementioned purposes~" 4. That the City of Prior Lake had no recorded easement prior to the issuance of said Certificate. Petitioners agreed to the imposition of an easement but the parties failed to define it. 5. That petitioners desire to define specifically the easement and to amend said certificate as follows: A perpetual easement for sanitary sewer and watermain purposes with the right to install, repair, maintain, alter, add to or remove, on, over or across the following described property: That part of the platted roadway in the plat of Maple wood Townsite, Scott County, Minnesota lying northwesterly of the following described line: Beginning at the southwest comer of Lot 8, of said plat~ thence southwesterly to the southerly comer of Lot 12, of said plat and there terminating, and lying southwesterly of the northeasterly lot line of Lot 12, extended southeasterly to the last above described line, and there terminating. 6. That a deed drafted by the City of Prior lake incorporating the easement described in paragraph 5 herein was executed by Mathew R. Prettyman and Barbara A. Prettyman, husband and wife, on August 6, 1993 and recorded on August 3, 1998 by the Scott County Registrar of Titles as Document No. 96813. WHEREFORE, petitioner prays for an Order of this Court directing the Registrar of Titles to show by memorial upon Certificate of Title No. 25050 that the unrestricted and undefined easement contained in said Certificate of Title has been replaced by that easement described at document no. 96813 and that upon the issuance offuture Certificates of Title for the premises that he omit the unrestricted and undefined memorial and that it be re laced by the easement described as document no. 96813. Dated: /0 -<7- ~8 Barbara A. Prettyman STATE OF MINNESOTA) ) ss COUNTY OF SCOTT ) Mathew R. Prettyman and Barabara A. Prettyman, having been first duly sworn on oath, depose and state that they are the petitioners in the entitled proceeding, that they have read the foregoing petition and that the same is true of their own knowledge, except as to matters therein stated on information and belief and as to such matters they believe it to e tru . .AA&.&.&..&..A&.._.&.....~. 1.-.....~.......sHER'DAN. 'j:BUCKLEY I NOTARY PUBLIC - MINNESOTA '.' '.. HENNEPIN COUNTY My Comm. ExpIrII Jan. 31. toOO .VN^-A~.._"HNJ^""NJ~.Yn.~. The City of Prior Lake does hereby consent to the granting of the foregoing relief CITY OF PRIOR LAKE q , 199~. Dated: f1rAJ / t STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) ~ The foregoing instrument was acknowledged before me this _ day of Mdt / 7 , 199', by Wesley M. Mader and Frank F. Boyles, the Mayor and City Mana er, respectively, of the City of Prior Lake, a politi~~ the State of Minnesot nits ehalf. .\~lY GRAU MEYER , ~t,,!..' ..~ N01ARY PUllUC \ ~ MINflESOTA d My commiSSIOn Hplres 01.3\-2000 . . Sheridan J. Buckley, #12695 Buckley & Jensen 101 East 5th Street, Suite 1614 St. Paul, MN 55101 (612) 224-3361 APPROVED ~ TO FORM THIS b tL DAY , JL 1901. BRYCE D. HUEMOELLER EXAMINER OF TITLES RESOLUTION 99-42 RESOLUTION PROVIDING FOR THE VACATION OF A BLANKET, UNRESTRICTED EASEMENT LOCATED ON LOTS 12, 13 AND THE NORTH 1/2 OF LOT 14, MAPLEWOOD TOWNSITE MOTION BY: Kedrowski SECOND BY: Petersen f. WHEREAS, a petition for the vacation of a blanket, unrestricted utility easement has been duly presented to the City of Prior Lake, signed by the owners of the property abutting the following described easement situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: Lots 12, 13 and the North 1/2 of Lot 14, Maplewood Townsite; 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, May 17, 1999, 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 easement 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 blanket unrestricted utility easement situated on the above described property in the City of Prior Lake, Scott County, Minnesota is hereby vacated, subject to the following condition: 1. A utility easement for the existing utilities on the property must be granted to the City. This easement is described as follows: . That part of the platted roadway in the plat of Maplewood Townsite, Scott County, Minnesota, lying northwesterly of the following described line: Beginning at the southwest corner of Lot 8 of said plat; thence southwesterly to the southerly corner of Lot 12 of said plat and there terminating, and lying southwesterly of the northeasterly lot line of Lot 12, extended southeasterly to the last above described line, and there terminating. BE IT FURTHER RESOLVED that this Resolution will be forwarded to the Office of the County Recorder, Scott County, for appropriate action. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . ;: " BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute the court order effectuating the above described easement action. Passed and adopted this 17th day of May, 1999. MADER KEDROWSKI PETERSEN SCHENCK WUELLNER YES X X Absent X X NO MADER KEDROWSKI PETERSEN SCHENCK WUELLNER Absent {Seal} J