HomeMy WebLinkAbout7D - Vacate Ring Road Easements
DATE:
AGENDA #:
PREPARED BY:
SUBJECT:
DISCUSSION:
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Maintenance Center
17073 Adelmann Street S.E. CITY COUNCIL AGENDA REPORT
Prior Lake, Minnesota 55372
October 4, 2004
7D
Bud Osmundson, Director of Public Works
PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION
VACATING TWO ROADWAYS IN CONNECTION TO THE RING ROAD
IMPROVEMENT PROJECT, CITY PROJECT NO. 02-06
HISTORY:
The proposed Ring Road / Five Hawks Avenue / CSAH 23 / Trunk Highway
13 improvement project is rapidly coming to a close. The final lift of
bituminous and restoration are the only items left to complete. At the last
City Council meeting the Ring Road was named Village Lake Drive between
Toronto and TH 13. One of the main purposes of constructing Village Lake
Drive was to eliminate the need for the "frontage road" along TH 13 between
Franklin Trail and Toronto. In addition, with the construction of Village Lake
Drive, there is no longer a direct connection from the Village Lake Drive to
the segment of Toronto north of Village Lake Drive up to TH 13, between the
South Lake Village Mall and Hollywood. If vacated, this street segment
would become a parking lot for Hollywood and Hooligans (and the Mall) and
no longer would serve a public purpose. The purpose of this agenda item is
to conduct a public hearing to consider the vacation of these two roadways
segments.
CURRENT CIRCUMSTANCES:
Both of the proposed vacations are shown on the attached drawing. The
whole purpose of constructing Village Lake Drive was to provide a safer
access to the properties adjacent to TH 13 between Duluth and Franklin
Trail. Village Lake Drive takes short trips off of the high speed arterial, TH
13, and provides people with safer access from the back of the properties on
the slower speed Village Lake Drive.
The "frontage road" was forced upon the City in the late 1990's through the
City's maintenance of this "road". Over the years the public had used the
joint parking lots of the businesses in the area between Franklin and Toronto
as a through street. These businesses include the Hollywood Bar, Velishek's
Auto Sales, Park Nicollet Clinic, and the E-Z Stop gas station. For many
years the City provided snow plowing and patching of this "street". Through
the process of platting the Park Nicollet Clinic property, a court concluded
that the City had acquired ownership of the "road" by maintaining it for over 6
years. With Village ~cRrbY~igR~i~~ace, which provides access to the
Phone 952.440.9675 / Fax 952.440.9678
same businesses in a safer manner, this "frontage road" no longer serves a
public purpose and should be vacated.
The segment of Toronto Avenue north of Village Lake Drive used to provide
access to the Hollywood and Priordale Mall properties. However, with Village
Lake Drive providing direct driveway access to these parcels, this segment of
Toronto serves as a parking lot to the two businesses and not a City street.
By definition it should also be vacated since it no longer serves a public
purpose.
The Planning Commission reviewed these two vacation requests on
September 27,2004. The Planning Commission recommended approval of
the proposed vacations, subject to conditions.
Notification to the adjacent properties of the Public Hearing was provided,
per State Statute.
CONCLUSION:
The Planning Commission and staff recommend approval of the two
vacations.
ALTERNATIVES:
1. A motion to adopt a Resolution approving the vacation of:
· The TH 13 "Frontage Road" between Toronto Avenue and
Franklin Trail, and
· Toronto Avenue between the Village Lake Drive and TH 13
2. Table the resolution for a specific reason.
3. Deny the Resolution.
RECOMMENDED
MOTION: Staff recommends that the City Council take action to vacate the two public
roads.
Agenda PH vac 10-04
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Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
RESOLUTION 04-xx
RESOLUTION PROVIDING FOR THE VACATION OF TWO EASEMENTS FOR ROADWAY
PURPOSES IN CONJUNCTION WITH THE RING ROAD PROJECT
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
SECOND BY:
The City has planned the Ring Road, now named Village Lake Drive,
between Franklin Trail and CSAH 23 (panama Avenue), and identified this
project for construction in the City's Capital Improvement Program for a
number of years, and
The purpose of the construction of Village Lake Drive was to provide safer
access to a number of parcels adjacent to TH 13 through this backage road,
and construction of Village Lake Drive is now substantially complete, and
With the construction of Village Lake Drive, City staff has identified two
segments of City streets that no longer serve a public purpose and should be
vacated, and on September 7, 2004, the City Council ordered that a Public
Hearing be held, and
Notice ofthe Public Hearing has been duly published and posted in
accordance with the applicable Minnesota statutes, and
A Public Hearing was held on said petition on October 4, 2004 at 7:30 pm
in the City Council Chambers, and
The City Council proceeded to hear all persons interested in said petition
and persons interested were afforded the opportunity to present their views
and objections to the vacation of the two roadways, and
The City Council has determined that the two roadways no longer serve a
public purpose and have determined that the vacation of the two roadways
would be in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA:
I. The recitals set forth above are incorporated herein.
2. Pursuant to Minnesota Statutes 412.851, the two segments of roadway as described on
Attachment A are hereby vacated.
3. The City retains any and all utility easements on, over, and below these two properties.
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www.cityofpriorlake.com
Phone 952.440.9675 / Fax 952.440.9678
Passed and adopted this 4th day of October 2004.
Blomberg Blomberg
Haugen Haul!en
LeMair LeMair
Petersen Petersen
Zieska Zieska
YES
NO
{ Seal}
City Manager
Agenda PH vac 10.04
16200 Eagie Creek Avenue S.E.
Prior Lake, MN 55372-1714
ATTACHMENT "A"
Two "Roadway" Easements to be Vacated
I. Legal Description for "Frontage Road":
An easement to the public for access between adjacent properties, over and across a strip of land 20.0
feet in width running in a Northeasterly and Southwesterly direction immediately adjacent to and
Southeasterly of the Southeasterly right-of-way of Highway No. 13 located between the southerly
right-of-way line of Franklin Trail and the easterly right-of-way line of Toronto Avenue and adjacent
to the properties identified by the following Pill numbers:
Pill #25-902-042-0 (16705 Franklin Trail)
Pill #25-902-045-0 (16735 Franklin Trail)
Pill #25-902-046-0 (16661 Highway 13)
Pill #25-902-047-0 (16701 Toronto Avenue)
2. Legal Description for Toronto Avenue between Village Lake Drive and TH 13:
The west 50.00 feet of the east 875.00 feet of that part of the west-half of the Southeast Quarter of
Section 2, Township 114, Range 22, Scott County, Minnesota, lying southerly of State Trunk Highway
No 13 and northerly of the following described line:
Commencing at the southeast corner of Lot 1, Block 1, Brooksville Center 2nd Addition, according to
the recorded plat thereof in said County, thence North 11 degrees 28 minutes 19 seconds West,
assumed bearing along the easterly line of said Lot I, a distance of83.60 feet to the point of beginning
of said line to be hereinafter described; thence easterly and northeasterly a distance of 128.67 feet
along a non-tangential curve concave to the north having a radius of279.00 feet and a central angle of
26 degrees 25 minutes 27 seconds, the chord of said curve bears North 76 degrees 34 minutes 37
seconds East, to a point of compound curvature; thence northeasterly a distance of 74.79 feet along a
tangential curve concave to the northwest having a radius of 431.67 feet and a central angle of 09
degrees 55 minutes 38 seconds; thence North 53 degrees 26 minutes 16 seconds East, tangent to the
last described curve, a distance of 129.08 feet; thence North 49 degrees 37 minutes 24 seconds East a
distance of214.83 feet to its intersection with a line drawn parallel with and distant 875.00 feet west
ofthe east line of said west-half of the Southeast Quarter; thence northeasterly 61.88 feet along a
tangential curve concave to the southeast having a radius of 330.00 feet and a central angle of 10
degrees 44 minutes 38 seconds, to the east line of said west 50.00 feet of the east 875.00 feet and said
line there terminating.
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Phone 952.447.4230 / Fax 952.447.4245
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CITY COUNCIL AGENDA REPORT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
AGENDA ITEM:
PRESENTATION TO ASSIS
T CITY MANAGER SUSAN WALSH
October 4, 2004
SA
Frank Boyles, City Manag
PRESENTATION: Susan Walsh assumed the responsibilities of Assistant City Manager in Prior
Lake in January 2000, after 14 years in a similar position with the City of
Rosemount. For the past five years, Sue has performed her responsibilities at
Prior lake in a noteworthy fashion. She has been particularly adroit in her
personnel work with the City staff, her management of the Laker Lines transit,
and in establishing and maintaining an effective working relationship with the
Prior Lake Chamber of Commerce.
Sue and her husband Tom have made a decision to move to Park Rapids,
Minnesota. This decision was preceded by their acquisition of a travel trailer
some years ago which has served as their weekend fishing retreat. Tom has
already started a new job with Hubbard County in the Park Rapids area. In the
meantime, Sue has had the responsibility of selling their existing home in
Lakeville. They have now purchased a new home in Park Rapids.
October 7'" will be Sue's last day at Prior Lake. Thanks Sue for your capable
work, your friendly demeanor and, of course, the fishing stories. We wish you
and Tom gods peed in your new life and thank you for all your contributions to
Prior Lake.
www.cityofpriorlake.com
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