HomeMy WebLinkAbout9C - Ridgemont Vacation (Nickel
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
JULY 2, 2001
9C
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION INITIATING
THE VACATION OF A PORTION OF RIDGEMONT AVENUE
ADJACENT TO THE PROPERTY AT 15543 RIDGEMONT
AVENUE
History: Larry and Joyce Nickelson own the property located at
15543 Ridgemont Avenue. In 1999, the Nickelsons filed a filed a
petition to vacate the portion of right-of-way in question. In reviewing
the application, the staff brought up the question of ownership of the
right-of-way. The right-of-way in question was dedicated as part of
Condon's Wood Dale in 1920. Minnesota statutes and case law have
determined ownership of vacated right-of-way reverts to the adjacent
property owner only if that property was included in the plat in which
the right-of-way was dedicated. Since the Nickelson property was not
included in Condon's Wood Dale, the ownership of the vacated right-
of-way would not revert to the adjacent property owners, but to the
underlying fee titleholders of the original plat, or their heirs. The
Nickelsons' would have to obtain title to this property from those
individuals. The petition was subsequently withdrawn so the question
of ownership could be resolved.
The Nickelsons' worked with their attorney to file a Title Registration
that would give them title to this right-of-way. The City attorneys
have reviewed the registration and have advised us that the City should
not allow the Registration Proceeding to move forward by default.
The Nickelsons' cannot acquire title to public property, in this case the
right-of-way, by adverse possession. The attorneys have agreed that
vacation of the right-of-way is the proper procedure. Once vacated the
City staff and the City Attorney will consult with the Nickelsons'
attorney about the Title Registration proceeding.
Current Circumstances: In order to move forward with this vacation,
one of two things must happen. Either the Nickelsons must file a new
]:\0 lfiles\O] vacations\O) -057\initiate.doc Page]
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
petition to vacate the excess right-of-way or the City Council may
initiate the vacation of this excess right-of-way by motion.
Thp ,....uP... Minnesota Statutes 412.851 allows the Council to initiate
by motion the vacation of any easements or right-of-way. A motion to
initiate the vacation will refer this matter to the Planning Commission
and allow the staff to schedule a public hearing at the City Council. In
addition, this action will eliminate the need for the property owners to
file a petition and pay the application fee.
rnnrlm;nn' The staff recommends the City Council initiate the
vacation of this easement.
The City Council has three alternatives:
1. Adopt a resolution initiating the vacation of a portion of the
Ridgemont Avenue right-of-way adjacent to the property at 15543
Ridgemont Avenue.
2. Deny the resolution. In this case, if the property owners wished to
proceed with this vacation, they could file a petition and pay the
application fee.
3. Defer this item and provide staff with specific direction.
Staff recommends Alternative #1. A motion and second to approve a
resolution initiating the vacation of a portion of the Ridgemont A venue
right-of-way adjacent 15543 Ridgemont Avenue.
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RESOLUTION 01-XX
RESOLUTION INITIATING THE VACATION OF A PORTION OF THE RIDGEMONT AVENUE
RIGHT-OF-WAY ADJACENT TO 15543 RIDGEMONT AVENUE
BY: SECOND BY:
WHEREAS, Ridgemont Avenue adjacent to the property located at 15543 Ridgemont Avenue is
dedicated as a public road; and
WHEREAS, There is a 28' wide boulevard between the curb and the adjacent property; and
WHEREAS, the adjacent property owners wish to utilize this property as lot area; and
WHEREAS, in order to determine whether the vacation of this easement is or is not in the public
interest, the City Council has initiated the vacation process by motion.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant
to Minnesota Statues 412.851, the process for the vacation of a portion of the Red Oaks Road
right-of-way adjacent to the property at 15543 Ridgemont Avenue, is hereby initiated.
Passed and adopted this 2nd day of July, 2001.
YES
NO
Mader Mader
Gundlach Gundlach
Ericson Ericson
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
{Seal}
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16200 Eagle Creek Ave. SE, Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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