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HomeMy WebLinkAbout8A - Mickley & Newbour Vacation AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: ALTERNATIVES: ACTION REQUIRED: ACTION REQUIRED: APPROVED BY: SA GINA M. MITCHELL, ASSOCIATE PLANNER CONSIDER VACATION REQUEST FOR JACE MICKLEY AND BUFORD NEWBOUR JUNE 20, 1994 The Planning Department has received a petition from Jace Mickley and Buford Newbour to vacate a strip of land approximately 16' x 50'. This strip, located within Block 28, Spring Lake Town Site, was originally dedicated as an alley, but has never been improved or used as an alley. The platted alley is located about 50' north of Vale Circle across the street from the home located at 3147 Vale Circle. See attached maps for further detail. Block 28 is currently developed with one single family home on lots 3 and 4 that is owned by Mr. Newbour. Mr. Mickley and Mr. Newbour are the only property owners within this block. The remainder of the block is heavily wooded and there is a steep slope that starts near the street and extends down to Prior Lake (see attached Map #2). This alley does have access to Prior Lake, but due to the steepness of the slope in that area it is not usable. There are no public utilities located within the alley, and the City has no current or anticipated need to keep the alley for public purposes. Utility companies have been notified of the vacation request and have indicated that no private lines are located within the subject site area. 1. 2. 3. Approve the alley vacation as requested. Deny the petition. Table the item for further discussion. The recommendation from staff is to approve the vacation as requested. The alley is unimproved, privately maintained, and is not needed for public purposes. It is the opinion of staff that the vacation of the alley would be in the best interest of the community since there is no anticipated public need to.retain the alley. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T r "T"'.' RESOLUTION 94-28 RESOLUTION PROVIDING FOR THE VACATION OF THE ALLEY LOCATED WITHIN BLOCK 28, PLAT OF SPRING LAKE TOWN SITE WHICH IS ADJACENT TO ABSTRACT PROPERTY MOTION BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, SECONDED BY: a petition for alley vacation has been duly presented to the City of Prior Lake, signed by a majority of the owners of the property abutting the following described alley situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: All that part of the alley, lying within Block 28, Plat of Spring Lake Town Site, described as follows, lying Southerly of the Shore of Prior Lake, and Northerly of the South line of said Block 28, except for that part of the Alley, lying within Block 28, Plat of Spring Lake Town Site described as follows, the East 8' of the 16' Alley lying within Block 28, Plat of Spring Lake Town Site lying Southerly of the Westerly extension of the North line of ~ot 3, Block 28 and Northerly of the Westerly extension of the South line of Lot 4, Block 28 Spring Lake Town Site. 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, June 20, 1994, at 7:45 P.M. in the Prior Lake City Council Chambers; 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 alley would be in the public interest. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statutes 412.851, the above described alley situated in the City of Prior Lake, Scott County, Minnesota is hereby vacated. BE IT FURTHER RESOLVED that this Resolution will be forwarded to the Office of the County Recorder, Scott County, for appropriate action. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 4474230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T .. Passed and adopted this 20th day of June, 1994. Andren Greenfield Kedrowski Schenck Scott {Seal} YES: Andren Greenfield Kedrowski Schenck Scott NO: Frank F. Boyles City Manager City of Prior Lake RESOLUTION 94.31 RESOLUTION PROVIDING FOR THE VACATION OF THE ALLEY LOCATED W ITH.J.N BLOCK 28, PLAT OF SPRING LAKE TOWN SITE ~CHISADJACENTTOTORRENSPROPERTY MOTION BY: SECONDED BY: WHEREAS, a petition for alley vacation has been duly presented to the City of Prior Lake, signed by a majority of the owners of the property abutting the following described alley situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: The East 8' of the Alley lying within Block 28, Plat of Spring Lake Town Site lying Southerly of the Westerly extension of the North line of Lot 3, Block 28 and Northerly of the Westerly extension of the South line of Lot 4, Block 28 Spring Lake Town Site. 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, June 20, 1994, at 7:45 P.M. in the Prior Lake City Council Chambers; and WHEREAS, the City Council then proceeded to hear all persons interested in said petition and persons interested afforded the opportunity to present their views and objections to the granting of said petition; and the City Council of Prior Lake has determined that the vacation of said alley would be in the public interest. WHEREAS, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statutes 412.851, the above described alley situated in the City of Prior Lake, Scott County, Minnesota is hereby vacated. 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 20th day of June, 1994. YEs: NO: Andren Greenfield Kedrowski Schenck Scott Andren Greenfield Kedrowski Schenck Scott {Seal} Frank F. Boyles City Manager City of Prior Lake 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4474245 AN EQUAL OPPORTUNITY EMPLOYER T .. vc 94 - 0/ P!Dt CITY OF PRIOR LAKE APPLICATION FOR STREET, ALLEY AND UTILITY VACATION Applicant: Address: Ibne Phone: Mr. Jace Mickley )1~4 ~pr~g Lake Hd. Prior Lake, Mn. 55372 44u-2688 ~rk Phone: 934-8876 Property Q./ner: Address: Mr. Prior Lk. Mn 5372 lEason for Pequest: CMay Attach) See Attached Copy. SJBMISSlON REQUIRl:MENl'S: (A) Completed Application fenn. (B) Canplete Legal description & Property Identification ~r (pm) . (C) Complete legal description of vacation site. (D) Petition or letter including the signatures and addresses of all property owners who own land adjacent to the proposed vacation site. (E) Certified SUrvey of the proposed vacation site. (F) liling Fee. /t7J.fJD ONLY COMPLETE APPLICATIONS 9JALL BE. RE.VlENED BY THE CITY COUN:IL. peL' e the info~}~on presented on this form is correct. t /11;ZZLe. 0-/9-94- App cants Signature Date 5-/~-9Lf Date THIS SEX:TION ro BE FILLED OUT BY THE PLANNIN; DlRECl'OR CITY O)UN:IL APPROJED DENIED HFARIN; DATE <DNDITIONS: Signature of the Planning Director Date JOB. City of Prior Lake Planning Department, I Jace Mickley, ()124 Spring Lake Rd. Prior Lake, Mn.) Fee Owner of Lots 5 & 6 (Parcel number 25-1))021-0) in Block 28 Spring Lake Town Site, and also Buford Newbour, ()160 Vale Circle S.W.) Fee owner of lots) & 4, (Parcel number 25-1))020-0) in Block 28 Spring Lake Town Site, City of Prior Lake, hereby Petition the City of Prior Lake, to yield it's control and ownership, of an unimproved 16' wide Alley, lying between our adjacent properties. Legal description as follows- All that part of the Alley, lying within Block 28, Plat of Spring Lake Town Site, described as follows, lying Southerly of the Shore of Prior Lake, and Northerly of the South line of said Block 28. ;;t/ii~ Buford Newbour 'y~~~<- LOCATION Minnesota Asphalt T .' JOB # Reason for Request: Said Alley has been non-existint and unimproved for much longer than the seventeen years that I have lived at 3124 Spring Lake Rd. This Alley was Plated to allow access to Lots 5 & 6, and Lots 3 & 4 from then Maple St., and now Vale Circle. Mr. Buford Newbour and myself, own adjacent property to this unemproved Alley in Block 28, and do not require or wish access to these lots, other than by means of our own existing property. This proposed Alley, as it stands, cuts into the side of an existing Soil bank, goes no- where, and creates a erosion problem. Buford and I have been clean- ing and trying to improve this area, but technically, we do not have the right to do so. We ask that this area be vacated, so we may continue to clean-up and improve this area. Thank you Jace Mickley cfk jJ1;Y; Buford Newbour ,/)// L:?: !- ~ /1} /1 -/ ~;" L /:--.~ , LOCATION Minnesota Asphalt VC01PN NOTICE OF PUBLIC HEARING TO CONSIDER VACATION OF AN ALLEY LOCATED WITHIN THE PLAT OF SPRING LAKE TOWNSITE You are hereby notified that a Public Hearing will be held by the City Council in the Prior Lake City Council Chambers at 4629 Dakota Street S.E. on: Monday, June 20, 1994 at 7:45 p.m. The purpose of the hearing is to consider vacating the following legally described alley: LEGAL DESCRIPTION: All that part of the Alley, lying within Block 28, Plat of Spring Lake Town Site, described as follows, lying Southerly of the Shore of Prior Lake, and Northerly of the South line of said Block 28. Or more commonly described as the vacation of approximately a 16' x 50' strip of land originally dedicated as an alley but which has never been improved or used as an alley. The platted alley is located about 50' north of Vale Circle across the street from the home located at 3147 Vale Circle. If you are interested in this issue, you should attend this Public Hearing. The City Council will accept oral and/or written comments. Questions related to this hearing should be directed to Gina Mitchell of the Prior Lake Planning Department by calling 447-4230, between the hours of 8:00 A.M, and 4:30 P.M., Monday through Friday. Gina M. Mitchell Associate City Planner Date: May 23, 1994 TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN JUNE 4TH AND JUNE 11TH, 1994. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EO{).D.,L OpDORTL'Nm' ""lPLOYE? )' -~/-,7 ~ ~----- ~\ !/'-. ~~ n: < / ! 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