HomeMy WebLinkAbout5A Access Easement 4646 Dakota Street SE
Prior Lake. MN 55372
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PLANNING COMMISSION AGENDA REPORT
MEETING DATE: SEPTEMBER 21, 2015
AGENDA#: 5A
PREPARED BY: LARRY POPPLER, CITY ENGINEER/ INSPECTIONS DIRECTOR
PRESENTED BY: LARRY POPPLER
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR
AND CITY MANAGER TO EXECUTE AN EASEMENT AGREEMENT WITH
RANDY RIES
DISCUSSION: Introduction
The purpose of this agenda item is to review an easement agreement for the
Randy Ries property. The easement is over City parkland off Pershing Street.
History
In 2014, the City received a number of code enforcement complaints within the
Pershing Street neighborhood. As investigations of specific cases ensued, it was
discovered that a gravel driveway for 3995 Pershing Street was not located within
the property limits and is located on Westbury Park Property near Dutch Avenue
(PID#s 252950370 and 251010160).
The home at 3995 Pershing Street was constructed in the mid-1960s and the
driveway in question has been located in its current location since that time. A
second driveway to the upper portion of the lot is also located on this property.
The City took ownership of the park property in late 1900s. The City Attorney's
office advises that because of the City ownership this driveway is not grandfa-
thered.
Current Circumstances
The City and property owner wish to clarify this situation. The attached easement
agreement provides a mechanism to allow the driveway to remain on park prop-
erty.
In 2011, the City entered into an agreement with Burt Olson on a very similar situ-
ation near West Avenue and over Lakefront Park property. As a part of the Olson
agreement, the City was compensated for the easement at a rate of$3.75 per
square foot and compensated for staff and attorney time of$1,500. The driveway
was also required to be paved.
ISSUES: The current driveway encroaches onto City property, by approving this agreement
the City is acknowledging the encroachment and memorializing the management
of that encroachment through a perpetual easement.
The Planning Commission's task is to determine whether the easement request is
within conformance of the City's Comprehensive Plan. Because this driveway has
been existence and it does not planned to be changed in the near future the
City's Comprehensive Plan goal to "Plan for access to and movement of people,
goods, and services" is met with the memorializing of an access easement for the
existing driveway.
ALTERNATIVES: 1. Recommend approval of the granting of an easement for driveway purposes
because it complies with the 2030 Comprehensive Plan
2. Table the item for a specific reason.
RECOMMENDED Alternative #1.
MOTION:
Print Preview http://gis.co.scott.nm.us/ScottGIS2.Oprivate/WebForms/Print.aspx?img...
3995 Pershing Street
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LEGAL .DESCRIPTION
All of Lots 5 and 6,, and that part of the Northeasterly one half of Lot 7 described as follows:
Beginning at the Northwest corner of said Lot 7 and following the. Northerly line to the
Northeast corners thereof; thence South on the East line of-said Lot 7 to the Southeast corner
thereof, thence diagonally to the Northwest corner of said Lot 7 to the point of begimming..
All in the plat of Sparing Brook Park 2nd Addition, Scott County, . Minnesotao
I hereby certify that this is a true and correct representation of a survey o.f ,the boundaries
of i-hQ- o bo0e C �sC '��2� PrUlo2rT�1 11'1 �(`(�'�'+, County, Minnesota as on file and of record' ,
in the Office of the County Recorder in and for said, County;
That I am a duly Regi stered. Land Surveyor under the Laws of the State of-Minnesota,
Deed:
�vVs e c �u,sr 25, W15
Allan R, Hastings.
Minnesota Registration No. .17009
835. arnes I,ake. 'DrivQ
Yo.ing Amd iaa�`
`Minnesota 5530
_ Phone -9.52,
X146 027