HomeMy WebLinkAbout7B - Candy Cove ROW Vacation O� PRION
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U m 4646 Dakota Street SE
Prior Lake,MN 55372
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CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 8, 2014
AGENDA#: 7B
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: DAN ROGNESS, COMMUNITY& ECONOMIC DEVELOPMENT DIRECTOR
AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION TO VA-
CATE A PORTION OF CANDY COVE TRAIL RIGHT OF WAY ADJACENT TO
5308 CANDY COVE TRAIL SE
DISCUSSION: Introduction
Jared Goerlitz, on behalf of Federal Home Loan Mortgage Corporation is request-
ing vacation of a portion of the Candy Cove Trail right-of-way in front of the prop-
erty at 5308 Candy Cove Trail. The property is located along the eastern shores
of Lower Prior Lake, west of Trunk Highway 13.
History
Much of the right of way for the public street, Candy Cove Trail, as it exists today
was platted with the Candy Cove Park plat in 1921. Other areas of the public
street were dedicated from former private drive paths along the corridor. In this ,..�
case, the Candy Cove Park plat and a section of Government Lot 3 converge in
front of the applicant's property at 5308 Candy Cove Trail. As a result of joining
the two areas of the dedicated Candy Cove Trail right of way, the street as trav-
eled turns a corner more sharply than the right of way itself. Utility lines, both
public and private follow this roadway corridor. Since the street turns sharper
than the right of way an area of right of way is created in front of 5308 Candy
Cove Trail that is not needed to facilitate access or utility service to the residen-
tial neighborhood.
Minnesota Valley Electric Company has identified that if the right-of-way were to
be vacated that a corresponding easement be placed for maintenance purposes
of the overhead power lines. A condition of approval has been attached to City
Staff's recommendations to this affect.
On September 2, 2014 the Planning Commission recommended approval of the
easement vacation.
Current Circumstances
As required by State Statute 462.356 Subd.2, the City Council must review the
disposal or acquisition of public lands as it relates to compliance with the Compre-
hensive Plan.
Upon proper notification, State Statute 412.851 allows the Council to vacate right-
of-way by resolution. The statute also states "no such vacation shall be made
unless it appears to be in the public interest to do so."
ISSUES: The City Council must make two determinations. Does the vacation of the existing
right-of-way comply with the Comprehensive Plan and is there a public need or
anticipated future need for the dedicated property?
Comprehensive Plan Review
One of the goals of the Comprehensive Plan is to "provide well-maintained streets,
water distributions systems, sewage systems, and other municipal services". The
portion of the public right of way area proposed to be vacated in this case is not
needed to provide adequate street access or utility service to the residential neigh-
borhood.
Public Need
The result of the excessive area of right-of-way width is a result of two intersecting
legal boundaries joining at this location. Government Lot 3 and the Candy Cove
Point plat join at this location and the actual roadway as traveled. The portion of
the public right of way area proposed to be vacated is not needed to provide street
access or utility service to the residential neighborhood.
Conclusion
The portion of the public right of way requesting to be vacated is not needed to
facilitate access or utility services to the residential neighborhood. As a result
City Staff recommends approval of the vacation of the requested portion of right
of way with the following conditions:
• The applicant shall provide an easement over the proposed vacated
right-of-way area to ensure adequate maintenance of the overhead
power lines.
• The approval resolution vacating the public right of way shall be recorded
at the Scott County Recorder's Office within 60 days of City Council ap-
proval.
ALTERNATIVES: 1. Motion and a second to approve the proposed drainage and utility easement
vacation.
2. Motion and a second to table the item to a date and time certain to allow the
City Staff to provide additional information specifically requested by the
Planning Commission.
3. Motion and a second to deny part or all of the application based upon speci-
fied findings of fact.
RECOMMENDED Alternative#1
MOTION:
EXHIBITS: 1. Location Map
2. Existing Survey indicating current utility lines
3. Boundary Survey (indicating existing easements to be vacated)
2
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U 4646 Dakota Street SE
Prior Lake, MN 55372
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RESOLUTION 14-XXX
RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE
CANDY COVE TRAIL RIGHT OF WAY
Motion By: Second By:
WHEREAS, A petition for the vacation of a portion of the Candy Cove Trail right of way has been duly
presented to the City of Prior Lake, signed by the owners of the property abutting the following
described right of way situated in the City of Prior Lake, Scott County, Minnesota to wit:
Legal Description (Portion of Candy Cove Trail right of way):
That part of Government Lot 3, Section 36, Township 115, Range 22, Scott County,
Minnesota, together with vacated Candy Cove Trail described as beginning at the most
southerly corner of Lot 1, CANDY COVE PARK, according to the recorded plat thereof,
said Scott County; thence southwesterly at an angle of 86 degrees 11 minutes 57
seconds, as measured from the southwesterly line of said Lot 1, a distance of 96.84 feet
to Line A described below and the point of beginning of the parcel to be described;
thence southwesterly deflecting to the right 6 degrees 54 minutes 54 seconds 35.47 feet
to the northerly line of Candy Cove Trail; thence southwesterly deflecting to the left 23
degrees 52 minutes 57 seconds, along said northerly line of Candy Cove
Trail, a distance of 14.64 feet, thence northwesterly deflecting to the riglit 102 degrees 01
minute 00 seconds 178 feet, more or less, to the shoreline of Prior Lake; thence
northeasterly, along said shoreline, 50 feet, more or less, to the northwesterly extension
of said Line A; thence southeasterly 174 feet, more or less, to the point of beginning.
Line A is described as commencing at said most southerly corner of Lot 1; thence
southwesterly at an angle of 71 degrees 00 minutes 00 seconds, as measured from said
southwesterly line of Lot 1, a distance of 50.00 feet; thence northwesterly at an angle of
69 degrees 41 minutes 00 seconds to the right, 114.0 feet; thence southwesterly at an
angle of 85 degrees 41 millutes 00 seconds to the left, 50.00 feet to the point of beginuing
of Line A to be described, thence southeasterly at an angle of 94 degrees 27 Minutes 00
seconds to the left, 135.00 feet and said Line A there terminating.
WHEREAS, Notice of the hearing 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, Spetember 8, 2014, in the Council
Chambers at City Hall, 4646 Dakota Street SE; and
WHEREAS, The City Council then proceeded to hear all persons interested in said petition and persons
interested were afforded the opportunity to present their views and objections to the granting of
said petition; and
Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com
WHEREAS, The portion of right of way requested for vacation is not necessary to provide access or utility
service to the adjacent properties.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as
follows:
1. The above recitals are herein fully incorporated herein as set forth above.
2. The City Council of Prior Lake has determined that the vacation of said right of way would be in the public interest.
3. The following condition of approval is determined:
a) The approval resolution vacating the The approval resolution vacating the public right of way shall be
recorded at the Scott County Recorder's Office within 60 days of City Council approval.
4. Pursuant to Minnesota Statues 412.851, the following described right of way is hereby vacated:
Legal Description (Portion of Candy Cove Trail right of way):
That part of Government Lot 3, Section 36, Township 115, Range 22, Scott County, Minnesota, together with
vacated Candy Cove Trail described as beginning at the most southerly corner of Lot 1, CANDY COVE PARK,
according to the recorded plat thereof, said Scott County; thence southwesterly at an angle of 86 degrees 11
minutes 57 seconds, as measured from the southwesterly line of said Lot 1, a distance of 96.84 feet to Line A
described below and the point of beginning of the parcel to be described; thence southwesterly deflecting to the
right 6 degrees 54 minutes 54 seconds 35.47 feet to the northerly line of Candy Cove Trail; thence
southwesterly deflecting to the left 23 degrees 52 minutes 57 seconds, along said northerly line of Candy Cove
Trail, a distance of 14.64 feet,thence northwesterly deflecting to the riglit 102 degrees 01 minute 00 seconds 178
feet, more or less, to the shoreline of Prior Lake;thence northeasterly, along said shoreline,50 feet, more or less,
to the northwesterly extension of said Line A; thence southeasterly 174 feet, more or less, to the point of
beginning. Line A is described as commencing at said most southerly corner of Lot 1; thence southwesterly at
an angle of 71 degrees 00 minutes 00 seconds, as measured from said southwesterly line of Lot 1, a distance of
50.00 feet;thence northwesterly at an angle of 69 degrees 41 minutes 00 seconds to the right, 114.0 feet;thence
southwesterly at an angle of 85 degrees 41 millutes 00 seconds to the left, 50.00 feet to the point of beginuing of
Line A to be described, thence southeasterly at an angle of 94 degrees 27 Minutes 00 seconds to the left, 135.00
feet and said Line A there terminating.
PASSED AND ADOPTED THIS 8th DAY OF SEPTEMBER, 2014.
VOTE Hedberg Keeney McGuire Morton Soukup
Aye ❑ ❑ ❑ ❑ ❑
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ ❑
Frank Boyles, City Manager
5308 CANDY COVE TRAIL VACATION
LOCATION MAP
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Vacation Sketch For
PETERSON FRAff & BERGM.AN
PROPOSED RIGHT OF WAY VACATION DESCRIPTION
That part of Candy Cove Trail located within Government Lot 3,
Section 36, Township 115, Range 22, Scott County, Minnesota, lying
southwesterly of Line A described below and lying northwesterly of a
line described as beginning at the most southerly corner of Lot 1,
CANDY COVE PARK, according to the recorded plat thereof, said Scott
County, thence southwesterly at an angle of 86 degrees 11 minutes
57 seconds, as measured from the southwesterly line of said Lot I, a
distance of 96.84 feet to sold Line A and the point of beginning of
the line to be described; thence southwesterly deflecting to the right
6 degrees 54 minutes 54 seconds 35.47 feet to the northerly line of
said Candy Cove Trail and said line there terminating.
Line A is described as commencing at said most southerly corner of
Lot l; thence southwesterly at an angle of 71 degrees 00 minutes 00
seconds, as measured from said southwesterly line of Lot 1, a
distance of 50.00 feet; thence northwesterly at an angle of 69
degrees 41 minutes 00 seconds to the right, 114.40 feet; thence
southwesterly at an angle of 85 degrees 41 minutes 00 seconds to
the left, 50.00 feet to the point of beginning of Line A to be
described; thence southeasterly at an angle of 94 degrees 27 minutes
00 seconds to the left, 135.00 feet and said Line A there
terminating.
I hereby certify that this survey, plan, or report was
prepared by me or under my direct supervision and
that I am a duly Licensed Land Surveyor under the
laws of the State of Minnesota.
Dated this 20th day of May, 2014
SUNDE LAND SURVEYING, LLC.
L) FEE ! By:—4.j—r--aj--—————————————————
tr, 1 '131 LE .
Leonard F. Carlson, P.L.S. Minn. Lie. No. 44890
AUG 18 2014
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