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Home My WebLink About7A-Candy Cove ROW Vacation PPRlp�(ib� 4646 Dakota Street SE Prior Lake,MN 55372 I1VNBSol t. CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 22, 2014 AGENDA#: 7A PREPARED BY: DAN ROGNESS, COMMUNITY& ECON. DEVELOPMENT DIRECTOR PRESENTED BY: DAN ROGNESS 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 to- day, was platted with the Candy Cove Park plat in 1921. Other areas of the pub- lic 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 con- verge 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 traveled 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 is created in front of 5308 Candy Cove Trail that is not needed to facilitate access or utility service to the residential neighborhood. Information provided by Sunde Land Surveying dated 5/20/14 also shows that a similar ROW section adjacent to the northeast has al- ready been vacated next to neighboring property. Minnesota Valley Electric Company has identified that if the right-of-way were to be vacated, a corresponding easement should be placed for maintenance pur- poses of the overhead power lines. A condition of approval has been attached to staff's recommendations to this affect. Current Circumstances 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." Conclusion Staff is recommending to the council that it approve this proposed right-of-way vacation since there appears to be a public interest associated with removing un- necessary right-of-way that can be utilized for private development. ISSUES: The City Council must make a determination that it is in the public interest to va- cate the right-of-way as requested at 5308 Candy Cove Trail. The excessive 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. 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. City staff recommends approval of the vacation of the requested portion of right of way with the following conditions: • The applicant shall provide and file an easement over the proposed va- cated right-of-way area to ensure adequate maintenance of the overhead power lines per a request by Minnesota Valley Electric Cooperative. • 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 a resolution vacating the proposed right-of- way on Candy Cove Trail subject to applicant filing an easement in recorda- ble form over the proposed vacated right-of-way satisfactory to and ap- proved by Minnesota Valley Electric Cooperative. 2. Motion and a second to table the item to a date and time certain to allow the City staff to provide additional information requested by the City Council. 3. Motion and a second to deny part or all of the application based upon a pub- lic interest to retain the right-of-way. RECOMMENDED Alternative#1 MOTION: ATTACHMENTS: 1. Location Map 2. Existing Survey indicating current utility lines 3. Boundary Survey (indicating existing easements to be vacated) 2 o� Pxr�r N� U 4646 Dakota Street SE Prior Lake,MN 55372 INNESO ?P 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, September 22, 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 public right-of-way shall be recorded at the Scott County Recorder's Office within 60 days of City Council approval. b) The applicant shall file an easement in recordable form over the proposed vacated right-of-way satisfactory to and approved by Minnesota Valley Electric Cooperative. 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 22nd 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 - �k SUBJECT r �� Lower Prio PROPERTY ° -�— Cues La e p o a foo � g 0 d tl r , ............ ry - 'K IM i- q_k G \o SUBJECT PROPERTY 3 N 0 30 60 120 L,+ Feet - s as € 8 sR s L yffi ��` Yj � Jfil s� `'`�� iF . W Ell ` E H g,E Q & j $ 3- 1�t 8 i s la i Q �� e tq 65 Ilia N, Iil � �3 a PF a s~ P R E a Afil% ga J;f"}I 2iI . I I. �p a gds ��yp�{Y¢'� d }v# is _ �E� 3 SES .a! f f 3iSeB €SIE 4{Ff�t & $ 5g pp < [(j S €isgg€�� nm oo .0 \� \° 'poll Lde AUG 1 8 �v14 Vacation Sketch For.• AUG 1 I ; PETE'RS'ON FRAff PERCAM rnr,tMI, i vnlvV I 85°4E100"�� vvvC- A RK l O4O S0% S' > O�OIf- \ OL"p0 \ A !O o \ i r� n 71.00'00• 64.27'00' S 00\!,y 59°41'00':-` 1< �P N'LY LINE OF CANDY56\ S r0 COVE 7RAIL V {V, ,J Q`• fir, AIN ' II 23'52'57" A��tCv SHEET 2 OF 2 SHEETS 9001 East Bloomington Freeway (35W)•Suite 118 SUNDE 52-881-24 (Fox: 55420-3435 JIL4ND 952—SSI-2455 (Fox: 952-888-9526) 2014-006 711/38 T.115 R.22 S.36 SURVEYING WWW-sundle.00m SMT 2014OOBOO2.d*g Vacation Sketch For PETERSON FRRAH & BE'RCAIAN 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 I; 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 on 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. ! rif-LD FIE E' 8 2�!� Leonard F Carlson, P.L.S. Minn. Lic. No. 44890 AUG1 � SHEET 1 OF 2 SHEETS N 9001 East Bloomington Freeway(35W)•Suite 118 SUJ„ �DE Bloomington, Minnesota —888-3435 952-88{-2455 (fox: 952-888-9528) 2014-006 711/38 T.115 R,22 S.36 LAND SURVEYING www•eunds.ccm SMT 2014006002.dwg