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HomeMy WebLinkAbout8B - Shepherd of The Lake DATE: AGENDA #: PREPARED BY: SUBJECT: DISCUSSION: ALTERNATIVES: CITY COUNCIL AGENDA REPORT APRIL 15, 2002 8B SUE MCDERMOTT, CITY ENGINEER CONSIDER APPROVAL OF A RESOLUTION INITIATING EASEMENT ACQUISITION FROM THE DEPARTMENT OF NATURAL RESOURCES FOR DRAINAGE PURPOSES RELATIVE TO THE SHEPHERD OF THE LAKE LUTHERAN CHURCH. HISTORY: One of the requirements for site plan approval for the Shepherd's Path site at CSAH 42 and McKenna Road which is being developed by Shepherd of the Lake Lutheran Church, is to provide the City with an easement for storm water drainage. The easement is over a parcel that is currently owned by the DNR, the majority of which is wetland. CURRENT CIRCUMSTANCES: The proposed site plan shows a storm water pond to the east of the DNR property with an overflow pipe draining into the DNR wetland. In order for the DNR to grant an easement for the drainage area, the request must come from the local unit of government. Shepherd of the Lake has provided the completed DNR application, legal description, $500 fee, and appraisal. City staff will submit the application upon approval of attached resolution. The alternatives are as follows: 1. Adopt a resolution allowing acquisition of the easement. 2. Table this item for a specific reason. 3. Deny this agenda item for a specific reason. RECOMMENDATION: Approve Alternative NO.1. ACTION REQUIRED: Motion and second to adopt the attached Resolutions. 162()0 FaQ1e Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 ~epherasp2f~easement AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 02' s:j A RESOLUTION AUTHORIZING EASEMENT ACQUISITION FROM THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES TO THE CITY OF PRIOR LAKE FOR DRAINAGE PURPOSES ~t SECOND BY: ~ MOTION BY: WHEREAS, The City of Prior Lake is requiring Shepherd of the Lake Lutheran Church to provide an easement for development of their land; and WHEREAS, The easement is located on property owned by the Minnesota Department of Natural Resources and requires conveyance to a local unit of government; and WHEREAS, Shepherd of the Lake Lutheran Church has provided the City with all information required for the application of easement across state land. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that 1. The recitals set forth above are incorporated herein. 2. A drainage easement for the parcel described on Exhibit A should be acquired from the Minnesota Department of Natural Resources and the necessary signatures are authorized, and the easement shall be used for drainage uses in perpetuity. Passed and adopted this 15th day of April, 2002. Hauqen Hauqen Gundlach Gundlach Peterson Peterson Zieska Zieska Vacant Vacant YES NO {Seal} City Manager 162~fO~~R}H~nsl>&4:Pwifrer~ Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Minnesota Department of Natural Resources Division of Lands and Minerals Instructions for Completing Application for Easement Across State Land Easements are granted under M.S. 84.63, M.S. 84.631 and other applicable statutes. Use Minnesota Department of Natural Resources (DNR) form NA-00556-01. The application must be submitted in quadruplicate. The application review process may be advanced by preliminary contact with the local DNR personnel concerning land ownership, planned routes, or other matters affecting the desired easement. However, the application must be sent as below. Four copies of the application, attachments, and any required fee, must be sent to: Minnesota Department of Natural Resources Division of Lands and Minerals 500 Lafayette Road St. Paul, Minnesota, 55155-4045 Note: The DNR cannot issue an easement over state trust fund property to a private v' individual. This request must come from the local unit of government. Easement Number. A number will be assigned by the DNR when the application is received and processed in the Division of Lands and Minerals. Applicant's Project Number. Fill in your project number, if applicable, so it may be referenced on correspondence from Division of Lands and Minerals. Name and Address: Fill in the exact name(s) to which the easement should be issued, and recorded by, at the county recorder's office. Provide the mailing address and phone number of the same. Contact Person: When the applicant is represented by another party in obtaining the easement, that party should be identified by name, address and/or phone number. Otherwise indicate a specific individual applicant, or officer, as contact. Section I. Easement: Check the appropriate box. If "other" is checked, please specify. For example: pre-existing trail crossing or flowage. Section II. Number each easement and describe each forty: Starting at number one, list easements. Separate permanent easements from temporary. There must be a date of completion if the easement is to be temporary. Be sure to allow adequate time if temporary. Each forty (or part) crossed must be listed on a separate line. Attach a complete legal description and map or plat. /f I" /// . Section III. Government Entity: Attach a copy of the County Board, or Township, resolution which allows the acquisition of the easement. The application is not complete without the resolution. Section IV. Minimum Fee: The minimum fee for an easement is $500. If required payment is not received with the application, the application will be returned. If the easement application is denied or canceled prior to field review and appraisal, $400 will be refunded. The minimum fee of $500 will be credited to the actual easement cost. For example: If the property is appraised at $800, the actual easement cost is $800. An additional $300 will be due before the easement will be issued. Application Processing: The application, maps, legal descriptions, resolution, and any relevant DNR correspondence in quadruplicate, along with the minimum fee, must be received together in the Division of Lands and Minerals office at the above address. If the easement is to be for access to private land, the applicant should include a copy of their deed so that the easement can be issued for the benefit of access to the property described on that deed. Easement applications are subject to return if any of the above instructions are not followed. Contact the Division of Land and Minerals office with any questions (651 )296-4097. The application process may take several months. Once the application is received, it will be assigned an easement number. An acknowledgment letter will be sent to the applicant indicating receipt and the number assigned. A copy of the application is sent to the appropriate DNR Regional office for review and appraisal, to the Bureau of Engineering for legal description approval, and to the office of the DNR division which manages the property. Depending on how the property was obtained by the DNR, the application may need approval by a Federal agency. Once the appraisal and all approvals are obtained, the easement document will be prepared by Division of Lands and Minerals and sent to the Minnesota Attorney General's Office for review and " signature. After a signature by the appropriate DNR representative, the grantee will either receive a letter indicating any additional amount due or receive the completed easement which should be recorded by the county recorder. I :llamIEASEM E NT\EASHE L LS\Appllcation Instructions, wpd 8/14/98 ~) ~ @ ~ ~ ill ~ ~ W MAR 1 5 2002 W !BY / ,/ S'f"A'fE-OF OT A APPLICATION FOR EASEMENT ACROSS STATE LAND (SUBMIT 4 COPIES OF THE APPLICATION AND ATTACHMENTS) I Easement No. 133- It is permissible for the agency/governmental uniUindividual requesting an easement to make preliminary contact with the Area or Region (local unit manager) concerning land ownership, planned routes, or other matters affecting such an easement. These should be handled in the best routine manner, but this official application must come to the Division of Lands and Minerals, 500 Lafayette Road, 5t. Paul, MN 55155-4045. For additional information, call (651 )296-4097 Name of Applicant (PRINT OR TYPE) C~/77' OFfJ~/Or< LAkE. Address (Mailing and Location) Contact Person UjclE7 .1''1 tU. .5537 i:i Telephone No. . i'i .i ....., ...... . i< 9~2 -'fl.f7-'-!Z30 The applicant herein applies pursuant to M.S. 84.63. M.S. 84.631 and other applicable statutes for an Easement to Cross State Land described below. in accordance with all maps, plans, specifications and other supporting data submitted with this application and made a part hereof. 1. EASEMENT: (mark appropriate box) DConstruction DReconstruction [E]Other Please specify 2. Number consecutively and describe fully each easement applied for. No. Govt. Lot or 1/4 1/4 Sec Twp Rge County Type of Easement (Permanent or Temporary) Total Acres Date of Completion (if Temporary) "IMPORTANT NOTE: On 6112" X 11" paper. attach a separate map and detailed legal descnption for each Easement. 3. If government entity attach County Board or Township resolution. 4. Minimum Fee: 0$500.00 attached. If easement is denied prior to field review and appraisal, application fee will be refunded. If denied after field review and appraisal $400.00 will be refunded. No action will be taken on this application until the fee is submitted. Note: Minimum fees will be credited to the actual easement cost. Make check payable to the Department of Natural Resources Any written correspondence from the Department of Natural Resources relating to thIS proposed prOject must be included with this application and will become a part of this easement record. Enlllronmental and a~heological reviews must be completed before easement can be acted on. SHEPHERD OF THE LAKE LUTHERAN CHURCH BUILDING FUND TAX EXEMPT#: ES22276 15033 HWY 13 SOUTH PRIOR LAKE, MN 55372 PRIOR LAKE STATE BANK PRIOR LAKE, MN 55372-1438 75-9051919 1563 03/19/2002 r'AY TO THE ORDER OF Dept. of Natural Resources I $ **500.00 Five Hundred and 00/1 00* * **** * ** * * **** *** * *********** **** * * ***** ********* **** * ************* ** **** ** * * **** ** ** ** III 0 0 . 5 b :l,,1 I: 0 q . q 0 q 0 5 5 I: . III 0 :l . ? q III a III DOLLARS o Security features L!J o;~~~n back Dept. of Natural Resources MEMO Drainage and Utility Easement SHEPHERD OF THE LAKE I LUTHERAN CHURCH I BUILDING FUND Dept. of Natural Resources 03/19/2002 1563 Bill #Easement 03/19/2002 500.00 Preparing the Path Checki Drainage and Utility Easement 500.00 SHEPHERD OF THE LAKE I LUTHERAN CHURCH I BUILDING FUND Dept. of Natural Resources 03/19/2002 03/19/2002 1563 Bill #Easement 500.00 Preparing the Path Checki Drainage and Utility Easement 500.00 . . 143365 (6/00) ~ E-;;-g s 5:.,.-:;! i= =~ IE = g J ff i i :._~! ~ = .i E .s g ~ ==-=-.=.=- =~r; =; ~=:ff~J:.~;=ff~j Commercial. Residential 850 Prairie Street Shakopee, Minnesota 55379 Phone (612) 496-3645 Fax (612) 496-3650 Mr. Kermit Mahlum Shepard of The Lake Lutheran Church 15033 South Highway 13 Prior Lake, Mn. 55372 AprilS, 2002 Re: Easement Mr. Mahlum, The legal description of the property whole, is attached. We are addressing a DNR owned portion of approximately 20 acres that is on this property, on the south side, west of McKenna Road, and on the north side of County Road 42. It is a DNR wetlands area. Within the DNR owned portion is a 5.25 acre parcel (approximate) that the DNR desires to have Shepard of The Lake Lutheran Church to own. This parcel is a pond / wetlands, and would be a landlocked parcel, surrounded by DNR owned property. It is landlocked, can't be developed, and has no use or benefit to Shepard of The Lake Lutheran Church. After consultations with other appraisers, staff, and assessors, it is your appraisers' opinion that this parcel has ZERO value. If you have further questions, please call my office. _ .espectfully Subm itted, /) , /l' /1f"1(..II., .._' ~~~~f{~~ ~2A UAt " ' Certified Real Estate Appraiser Lic. # 4002995 HEPHERD EASEMENT SKETCH FOR: OF THE LAKE LUTHERAN CHURC PROPOSED EASEMENT DESCRIPTION / - An easement over, under and across the East 1200.00 feet of the South 800.00 feet of the Southwest Quarter of the Southeast Quarter of Section 22, Township 115, Range 22, Scott County, Minnesota, described as commencing at the south quarter corner of said Section 22; thence North 89 degrees 10 minutes 17 seconds East, assumed bearing, along the south line of said Southeast Quarter, a distance of 1267.90 feet to the southerly extension of the west right of way line of McKenna Road Northwest; thence North 0 degrees 11 minutes 48 seconds East, along said southerly extension, a distance of 213.82 feet to the point of beginning of said easement to be described; thence South 81 degrees 21 minutes 38 seconds West a distance of 136.53 feet; thence North 71 degrees 49 minutes 44 seconds West a distance of 78.02 feet; thence North 55 degrees 37 minutes 50 seconds West a distance of 101.87 feet; thence North 67 degrees 42 minutes 07 seconds West a distance of 46.64 feet; thence South 73 degrees 12 minutes 11 seconds West a distance of 233.46 feet; thence North 70 degrees 45 minutes 28 seconds West a distance of 73.83 feet; thence North 25 degrees 31 minutes 23 seconds West a distance of 53.93 feet; thence North 4 degrees 36 minutes 45 seconds East a distance of 137.59 feet; thence North 1 degree 23 ,minutes l' seconds West a distance of 137.18 feet; thence North 3D degrees 58 minutes 27 seconds West a distance of 6.45 feet; thence North 45 degrees 58 minutes 58 seconds West a distance of 92.31 feet; thence North 84 degrees 33 minutes 43 seconds West 0 distance of 23.34 feet; thence South 44 degrees 12 minutes 17 seconds West a distance of 166.63 feet; thence South 61 degrees 11 minutes 57 seconds West a distance of 101.01 feet; thence South 80 degrees 15 minutes 05 seconds West a distance of 71.85 feet; thence North 52 minutes 32 minutes 06 seconds West 0 distance of 41.82 feet; thence North 26 degrees 13 minutes 52 seconds West 0 distance of 50.05 feet; thence South 89 degrees 10 minutes 17 seconds West 0 distance of 103.21 feet to the west line of said East 1200.00 feet of the Southwest Quarter; thence North 0 degrees 55 minutes 09 seconds East, along said west line of the East 1200.00 feet of said Southwest Quarter, 0 distance of 100.05 feet; thence North 89 degrees 10 minutes 17 seconds East a distance of 92.01 feet; thence North 28 degrees 12 minutes 41 seconds East a distance of 90.49 feet; thence North 63 degrees 52 minutes 13 seconds East a distance of 133.10 feet; thence North 88 degrees 00 minutes 31 seconds East a distance of 127.32 feet; thence South 53 degrees 21 minutes 18 seconds East 0 distance of 59.30 feet; thence North 86 degrees 54 minutes 26 seconds East a distance of 122.99 feet; thence South 56 degrees 14 minutes 43 seconds East a distance of 232.88 feet; thence South 30 degrees 08 minutes 04 seconds East 0 distance of 310.75 feet; thence South 89 degrees 18 minutes 06 seconds East a distance of 269.34 feet to the west right of way line of McKenna Road Northwest; thence South 0 degrees 11 minutes 48 seconds West, along said west right of way line of McKenna Rood Northwest, a distance of 133.26 feet to the point of beginning. We hereby certify that this sketch, plan or report was prepared by me or under my instruction and that I am a duly Registered land Surveyor under the laws of the State of Minnesota. Dated this 15th day of March, 2002 SUNDE lAND SURVEYING, llC. By._________________________________ John K. Barnes, R.l.S. Minn. Reg. No. 16456 Sunde Land Surveying, LLC. 9001 East Bloomington Freeway (35W) . Suite 118 Bloomington, Minnesota 55420-3435 Business: 952-881-2455 . FAX: 952-888-9526 99-209 516/07 r 115 R.22 5.22 99209005.DWG n5 SHEET 1 OF 2 SHeETS M' G ~ G <: ""Z . p:, ct'--l.J ~2:~ ::t:~ (-.) -J K ~YJ V~ )""Z I-......-J < ~~ ,~ ~~ v) Ii! 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