HomeMy WebLinkAbout6A - Pub Hearing on Easmt Vaca
AGENDA #:
PREPARED BY:
SUBJECT:
DA TE:
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
CHATONCC.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, i.e. Continuation of the public hearing to allow
individual notices to be sent.
ACTION REQUIRED: A motion to continue the public hearing.
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RESOLUTION 96-29
RESOLUTION PROVIDING FOR THE 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
MOTION BY: SECOND BY:
WHEREAS, the City Council of Prior Lake, on its own motion, endeavors to vacate a
part of a platted Roadway and Drainage Easement situated in the City of
Prior Lake, Scott County, Minnesota to wit:
Legal Description:
Vacation of a portion of an easement for public roadway purposes over,
under, and across the one rod wide (J 6.5 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 112 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 lIB"
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
CHATONRS.DOC
16200 ~Ie Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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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). See
attached Exhibit A for reference to the proposed vacation site.
WHEREAS,
notice of the hearing on said 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, April 15,
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 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.
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 __day of
, 1996.
YES
NO
ANDREN
GREENFIELD
KEDROWSKI
MADER
SCHENCK
ANDREN
GREENFIELD
KEDROWSKI
MADER
SCHENCK
Frank Boyles, City Manager
City of Prior Lake
{ Seal}
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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 uA"
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 uB"
Commencing at the southeast corner of the south 112 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 ~Je Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 I 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.
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