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Home My WebLink About6B - Chatonka Beach Easement STAFF AGENDA REPORT DATE: 6B R. Michael Leek, Associate Planner/Acting Assistant Planner Consider Approval of Resolution 96-29 Vacating the Roadway Easement Portion of Chatonka Beach Trail. May 20, 1996 AGENDA #: PREPARED BY: SUBJECT: INTRODUCTION: The public hearing for this item was opened on April 15, 1996, but was continued to May 20, 1996, so that individual, affected property owners could be notified. Public hearing notices were mailed to these property owners on May 1, 1996, consistent with the statutory notice period. Attached to this report are the previous report and related materials, as well a copy of the notice sent to individual property owners. CHA TOCC2.00C 16200 ~le Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 6A R. Michael Leek, Associate Planner/Acting Assistant Planner Public hearing to consider vacation of part of a roadway easement located on the old Chatonka Beach Trail, located north of existing Beach Street and East of Bluebird Trail April 9, 1996 The purpose of this public hearing is to consider the vacation of part of a roadway easement located on the old Chatonka Beach Trail (See Exhibit A, attached hereto, for the location of the easement). At or about the time of Council approval of the final plat approval of Knob Hill, city staff was directed by the Council to pursue the vacation of the roadway easement. Notice of the hearing was published in the Prior Lake American on March 3D, and April 6, 1996. However, individual notices were not sent to the Beach Street neighborhood. For this reason, staff recommends that the City Council open the public hearing, and continue it to allow time for individual notices to be sent. The City Engineering Department has reviewed the proposed release of Easement No. 84-8, and has concluded that the roadway portion should be released as shown on Exhibit A. This easement was originally acquired by the City through condemnation. In a vacation request, the City must determine whether there is a public need or anticipated future need for the dedicated property. After review, the Engineering staff has concluded that there is existing and future need for the easement for drainage and utility purposes, and future need for a portion of the roadway easement. The public needs identified by City Staff are as follows; 1. As a part of the recent plat of Knob Hill, water quality ponds were installed. One of these ponds is adjacent to the CllA TONCC.DOC 16200 ~ Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER subject easement. In some areas the existing gravel roadway will be removed as part of the grading of the pond. To create additional water quality and water storage in the future, the 16.5' easement would be needed to expand to the West. (See Grading Plan attached) 2. The existing gravel surface within the subject easement is an ideal area for heavy equipment to maneuver around the pond without causing damage to the yards of the adjacent lots. (See Grading Plan attached) 3. As shown on the "Utility Map" (a copy of which is attached) the City does have several underground utilities at the Southwest end of the easement (Le. near Beach Street). Most notable is the sanitary sewer located at the South end of Lot 4, Block 4, Knob Hill. This sewer is approximately 28 feet deep. There is also a storm sewer that cuts across the existing easement near Beach Street. It is imperative that the utility portion of this easement be retained for future maintenance of these facilities. 4, The roadway easement at Hemlock Circle should be retained, so that if the property to the East develops, 50 feet of right-of-way will be available. (See Exhibit A attached) ALTERNATIVES: 1. Approve Resolution 96-29 authorizing the vacation of part of a roadway easement located on the old Chatonka Beach Trail. 2. Continue the public hearing until the May 20, 1996, City Council meeting.' RECOMMENDATION: Alternative #2, Le. Continuation of the public hearing to allow individual notices to be sent. ACTION REQUIRED: A motion to continue the public hearing. CHA TONCC.OOC RML . '.:, ~~ ..' 'I -:'=l-'i~'--' , ,-;:; 1 ~.,~ . ~ ,-- L.. ---------1 1.1..1. ~"~' \ _,"1 , I"r~' ,il i w I ;.:i: 'j,.~'l~~'>uj-~ 1 I ~ ~ ;, '~ '\ ';c-..~~,~l ~i!"- .~.".'~W~~~'~~\I,'...~..'. a~...~ ~~I ~: l'~~ ~ !:W .~@H 5 ~ . 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POINT OF BEGINNING 5 EAST LINE OF KNOB HILL ::'::;:,,16.51 - ~ o ai ('f) It) , I EASEMENT II A II POINT OF BEGINNING HEMLOCK CI~<:?~E ~'_: -::. 50.021 \ \ \ \ 51 - - ;~.16. y...\."v"v 1 4 4 -r - -I - I I I EASEMENT "B" lit) I I~ I~ I I~ I I~ I I I II I /1 _-~ ---- -- iir.9---- - - Cd S _- "E~ - I N \ \ \ 4 ~ ~ 3 S ~ ~ ~ \ \ \ \ \ \ \ ~ Z \ \ SCALE \ \ 0 50 100 ---- '\ \. '........ .", , ~ , BLUEBIRD TRAIL GRADING PLAN \ \ \ \ m r- e: m m - :D C -4 ~ ,. - r- , 1 r r r , L_______ ____J r----------, r , I I I J ~dP 2 I I~ ~ , ; l DRAINAGE , I L - - - - - - - - - - _ -1 & UTILITY r---------, EASEMENT , , , I I I : J 4 I 3 I I I I , I I I I --------___-1 r----- I I , \ , \ , C -f ;= =i -< go :u ~ o ~ ~ m :J> en m ~ m Z -f 4 \ \ \ - .-- - ------------- UTILITY MAP ... CD ~ -- SCALE I o 25 50 .~ N -I - ---1 I I I I I I I I I I I I : I I I I I , I --- RESOLUTION 96-29 RESOLUTION FOR THE VACATION OF PART OF A ROADWAY EASEMENT (RETAINING UTILITY EASEMENT) LOCATED ON THE OLD CHATONKA BEACH TRAIL, LOCATED NORTH OF EXISTING BEACH STREET AND EAST OF BLUEBIRD TRAIL MOTION BY: SECOND BY: WHEREAS. The City of Prior Lake is the holder of permanent easements for public utility and roadway purposes as evidenced by that certain partial certificate of completion filed as Document No. 238700; and WHEREAS, the City of Prior Lake, on its own motion, pursuant to Minnesota Statutes Section 412.851, endeavors to vacate a portion of the roadway easement, retaining all public right, title and interest in the public utility easement under the document referenced above. The legal description of the portion of the public roadway easement to be vacated is as follows: Vacation of a portion of an easement for public roadway purposes over, under, and across the one rod wide (16,5 feet) road according to Document No. 238700 onfile in the Office of the Recorder, Scott County, Minnesota, more specifically described as follows; 1. Commencing at the southeast corner of the south 1/2 of the northeast 1/4 of Section 26, Township 115, Range 22, Scott County, Minnesota; thence South 88 degrees 53 minutes 29 seconds West, assumed bearing, along the north line of Government Lot No.3 a distance of 592.56 feet to the point of beginning; thence South 88 degrees 53 minutes 29 seconds West to the northeast corner of Lot 4, Block 5, Knob Hill, according to the record plat on .file in the office of the County Recorder, Scott County, Minnesota a distance of 16. 50 feet; thence South 00 degrees 22 minutes 20 seconds East along the east line of Block 5, Knob Hill a distance of 538,31 feet to the southeast comer of Lot 9, Block 5, Knob Hill; thence South 88 degrees, 57 minutes 43 seconds East a distance of 16.50 feet; thence North 00 degrees 22 minutes 20 seconds West a distance of 539.01 feet to the point of beginning. 2. Commencing at the southeast comer of the south 1/2 of the northeast 1/4 of Section 26, Township 115, Range 22, Scott County, Minnesota; thence South 88 degrees 53 minutes 29 seconds West, assumed bearing, along the north line of Government Lot No. 3 a distance of 609. 06 feet; thence South RES9629.00c 16200 ~Ie Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 00 degrees 22 minutes 20 seconds East to the northeast corner of Lot 1, Block 4, Knob Hill, according to the record plat on file in the office of the County Recorder, Scott County, Minnesota a distance of 588.33 feet to the point of beginning; thence South 00 degrees 22 minutes 20 seconds East along the east line of Block 4, Knob Hill a distance of 418.50 feet to the southeast corner of Lot 4, Block 4, Knob Hill; thence North 76 degrees, 33 minutes 56 seconds East a distance of 16.94 feet: thence North 00 degrees 22 seconds 20 minutes West a distance of 414.15 feet; thence North 88 degrees 57 seconds 43 minutes West a distance of 16,5 feet to the point of beginning. More commonly described as vacation of part of a 16.5 foot wide roadway easement located east of Lots 1 through 4, Block 4 and Lots 4 through 9, Block 5, KNOB HILL, Prior Lake, Minnesota. (Part of the north/south section of old Chatonka Beach Trail located north of existing Beach Street). The proposed vacation site is attached hereto as "Exhibit A". WHEREAS, notice of the hearing on the motion to vacate has been duly published and posted in accordance with the applicable Minnesota Statutes, and WHEREAS, a Public Hearing was held on said motion to vacate on Monday, May 20, 1996, in the Council Chambers located at the Prior Lake Fire Station # 1; and WHEREAS, the City Council then proceeded to hear all persons interested in said motion and persons interested afforded the opportunity to present their views and objections on said motion; and WHEREAS, the City Council of Prior Lake has determined that the vacation of said roadway easement and retention of the utility 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 above described roadway easement situated in the City of Prior Lake, Scott County, Minnesota is hereby vacated, and the public's title and interest in the utility easement acquired under Document No. 238700 shall be retained. BE IT FURTHER RESOLVED that this Resolution will be forwarded to the Office of the County Recorder, Scott County, for recording, Passed and adopted this 20th day of May, 1996. YES NO ANDREN GREENFIELD KEDROWSKI MADER SCHENCK ANDREN GREENFIELD KEDROWSKI MADER SCHENCK RES9629.DOC RML Frank Boyles, City Manager City of Prior Lake {Seal} RES9629.DOC RML . ">._,..4.."..._"..""_...._...,,__._..~~__"'....,..,,...,__ __. v',,_ ..._,.,. , .. ._.....~.'...l "",....m~~..._..r.c.......________.~_~~_,,,.,~..,4'.._~.._.........."'>.........-".__",.~._.__".._.M""'~_.~ ~~"A.~..~~......,.__ .._.~".."."--_..~""--.~~~-~.--~._...~,---_._"..__.-.>._-"".-_......,,~.- '.,:., NOTICE OF CONTINUED PUBLIC HEARING TO CONSIDER VACATION OF PART OF A PUBLIC ROADWAY EASEMENT OVER, UNDER AND ACROSS CHATONKABEACHT~ You are hereby notified that the Prior Lake City Council will hold a continued public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE. (Southwest of the intersection of County Road 21 and Fish Point Road) on Monday, May 20,1996, as at 7:35 p.m. or as soon thereafter as possible. The purpose of the hearing is to consider vacation of the following legally described roadway easement. Legal Description: Vacation of a portion of an easement for public roadway purposes over, under, and across the one rod wide (16.5 feet) road according to Document No. 238700 on file in the Office of the Recorder, Scott County, Minnesota, more specifically described as follows; EASEMENT ('A " Commencing at the southeast corner of the south 1/2 of the northeast 1/4 of Section 26, Township 115, Range 22, Scott County, Minnesota; thence South 88 degrees 53 minutes 29 seconds West, assumed bearing, along the north line of Government Lot No.3 a distance of 592.56 feet to the point of beginning; thence South 88 degrees 53 minutes 29 seconds West to the northeast corner of Lot 4, Block 5, Knob Hill, according to the record plat on file in the office of the County Recorder, Scott County, Minnesota a distance of 16.50 feet; thence South 00 degrees 22 minutes 20 seconds East along the east line of Block 5, Knob Hill a distance of 538.31 feet to the southeast corner of Lot 9, Block 5, Knob Hill; thence South 88 degrees, 57 minutes 43 seconds East a distance of 16.50 feet; thence North 00 degrees 22 minutes 20 seconds West a distance of 539.01 feet to the point of beginning. EASEMENT ((B" Commencing at the southeast corner of the south 1/2 of the northeast 1/4 of Section 26, Township 115, Range 22, Scott County, Minnesota; thence South 88 degrees 53 minutes 29 seconds West, assumed bearing, along the north line of Government Lot No.3 a distance of 609.06 feet; thence South 00 degrees 22 minutes 20 seconds East to the northeast corner of Lot 1, Block 4, Knob Hill, according to the record plat on file in the office of the County Recorder, Scott County, Minnesota a distance of 588.33 feet to the point of beginning; thence South 00 degrees 22 minutes 20 seconds East along the east line of Block 4, Knob Hill a distance of 418.50 feet to the southeast corner of Lot 4, Block 4, Knob Hill; thence North 76 degrees, 33 minutes 56 seconds East a distance of 16.94 feet: thence North 00 degrees 22 minutes 20 seconds West a distance of 414.15 feet; thence North 88 degrees 57 minutes 43 seconds West a distance of 16. 5 feet to the point of beginning. CHA TOPN2.DOC 16200 ~le Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER or more commonly described as vacation of part of a 16.5 foot wide roadway easement located east of Lots 1 through 4, Block 4 and Lots 4 through 9, Block 5, Knob Hill, Prior Lake, 8Minnesota. (Part of the north/south section of old Chatonka Beach Trail located north of existing Beach Street). See attached map for reference to the proposed vacation site. If you wish to be heard in reference to this issue, you should attend the public hearing. Oral and written comments will be considered by the City Council. If you have questions regarding this matter, contact R. Michael Leek, Acting Assistant City Planner, at 447-4230. Prepared this 1 st day of May, 1996 by: R. Michael Leek Acting Assistant Planner TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN SATURDAY, MAY 4 AND SATURDAY, MAY 11, 1996. CHA TOPN2.DOC CC NOTICE OF PUBLIC HEARING TO CONSIDER VACATION OF PART OF A PUBLIC ROADWAY EASEMENT OVER, UNDER AND ACROSS CHATONKA BEACH 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. (Southwest of the intersection of County Road 21 and Fish Point Road) on Monday, April 15, 1996, as at 7:35 p.m. or as soon thereafter as possible. The purpose of the hearing is to consider vacation of the following legally described roadway easement. Legal Description: Vacation of a portion of an easement for public roadway purposes over, under, and across the one rod wide (16.5 feet) road according to Document No. 238700 on file in the Office of the Recorder, Scott County, Minnesota, more specifically described as follows; EASEMENT "A" Commencing at the southeast corner of the south 1/2 of the northeast 1/4 of Section 26, Township 115, Range 22, Scott County, Minnesota; thence South 88 degrees 53 minutes 29 seconds West, assumed bearing, along the north line of Government Lot No.3 a distance of 592.56 feet to the point of beginning; thence South 88 degrees 53 minutes 29 seconds West to the northeast corner of Lot 4, Block 5, Knob Hill, according to the record plat on file in the office of the County Recorder, Scott County, Minnesota a distance of 16.50 feet; thence South 00 degrees 22 minutes 20 seconds East along the east line of Block 5, Knob Hill a distance of 538.31 feet to the southeast corner of Lot 9, Block 5, Knob Hill; thence South 88 degrees, 57 minutes 43 seconds East a distance of 16.50 feet; thence North 00 degrees 22 minutes 20 seconds West a distance of 539.01 feet to the point of beginning. EASEMENT "B" Commencing at the southeast corner of the south 1/2 of the northeast 1/4 of Section 26, Township 115, Range 22, Scott County, Minnesota; thence South 88 degrees 53 minutes 29 seconds West, assumed bearing, along the north line of Government Lot No.3 a distance of 609.06 feet; thence South 00 degrees 22 minutes 20 seconds East to the northeast corner of Lot 1, Block 4, Knob Hill, according to the record plat on file in the office of the County Recorder, Scott County, Minnesota a distance of 588.33 feet to the point of beginning; thence South 00 degrees 22 minutes 20 seconds East along the east line of Block 4, Knob Hill a distance of 418.50 feet to the southeast corner of Lot 4, Block 4, Knob Hill; thence North 76 degrees, 33 minutes 56 seconds East a distance of 16.94 feet: thence North 00 degrees 22 seconds 20 minutes West a distance of 414.15 feet; thence North 88 degrees 57 seconds 43 minutes West a distance of 16.5 feet to the point of beginning. CHATONPN.DOC 16200 ~Ie Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER or more commonly described as vacation of part of a 16.5 foot wide roadway easement located east of Lots 1 through 4, Block 4 and Lots 4 through 9, Block 5, Knob Hill, Prior Lake, Minnesota. (Part of the north/south section of old Chatonka Beach Trail located north of existing Beach Street). See attached map for reference to the proposed vacation site. If you wish to be heard in reference to this issue, you should attend the public hearing. Oral and written comments will be considered by the City Council. If you have questions regarding this matter, contact R. Michael Leek, Acting Assistant City Planner, at 447-4230. Prepared this 27th day of March, 1996 by: R. Michael Leek Acting Assistant Planner TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN SATURDAY, MARCH 30 AND SATURDAY, APRIL 6, 1996. CHA TONPN.DOC RML .