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Home My WebLink About6A - Lord's St. Vacation STAFF AGENDA REPORT AGENDA NUMBER: PREPARED. BY: SUBJECT: DATE: 6A LANOL LElCHTY, WATER RESOURCES COORDINATOR PUBLIC HEARING ON LORDS STREET ACCESS VACATION JANUARY 9, 1995 INTRODUCTION' Last year the council decided to discontinue the Lords Street access. To accomplish this objective the city must vacate any interest it may have. The purpose of this Agenda item is to conduct a Public Hearing to vacate the publics' interest in what is known as the Lords Street access. This access is located on the north side of Lords Street between 4500 and 4580 Lords Street. BACKGROUND: DISCUSSION: During the summer of 1994 the Lake Advisory Committee (LAC) prepared a Lake Access Study which recommended long term classifications for nineteen public access sites on Prior and Spring Lakes. In this report the Lords Street Access was recommended to be classified as a Winter Access. On October 17, 1994 the Lake Access Study was presented to the Council. On November 21, 1994, a Public Informational Hearing was held at which time the Council determined that the public interest would be best served by vacating any interest that the public may have acquired by virtue of a public prescriptive easement on the Lords Street Access. The decision to discontinue public use of this access has already been made. This vacation hearing simply completes the process. A resolution has been prepared by Ms. Deb Garross, Assistant City Planner, who contacted the Scott County Recorder of Titles about the best way to go about relinquishing the City's interest in this access, (see attached memo). The City Attorney's office confirms that holding a public hearing and formally adopting a vacation resolution appear to be legally the most safe and sound methods of approaching this matter with regards to Minn. Stat. 412.851, vacating an access 'to public waters. The resolution wording states the following, "the City Council of Prior Lake has determined that the vacation of any interest that the public may have acquired by virtue of a public prescriptive easement in Lord's Street Access would be in the public interest and recognizes that this vacation does not extinguish the rights that private parties may have acquired of private prescriptive easements." Comments have been received from DNR and the utility companies. The DNR is opposed to the vacation. They are in opposition to any vacation of public accesses whatsoever that are adjacent to public waters. If the vacation proceeds, the DNR turns 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDATION: the matter over to the Attorney Generals Office (AGO) where further action will be taken on it. According to the DNR, the AGO usually, but not always, makes a recommendation to the governmental unit. The utility companies do not object to the vacation, as long as utility easement rights are not effected. This vacation will not affect utility easement rights. The alternatives are as follows: 1. Adopt Resolution 94- vacating the publics' interest in the Lord's Street access, 2. Motion and second to direct' the City Attorney and staff to initiate action for the process of obtaining a legal easement on the Lord's Street access. 3. Table this item for a specific reason. The recommendation is to adopt Resolution 94- vacating the publics' interest in the Lord's Street access. ACTION REQUIRED: The action required will be to make a motion to approve Resolution 94- . If Resolution 94- is approved, a motion should be made to authorize the Public Works department to install "No Public Lake Access" signs at the Lord's Street access and additional "No Parking" signs along Lords Street to enhance enforcement efforts. AGEN.ENG 'VCO1RS' RESOLUTION 94- RESOLUTION PROVIDING FOR THE VACATION OF LORD'S STREET ACCESS LOCATED IN THE CITY OF PRIOR LAKE. MOTION BY: SECONDED BY: WHEREAS, the City Council for the City of Prior Lake determined on November 21, 1994, that the public interest would best be served by vacating any interest that the public may have acquired by virtue of a public prescriptive easement in what has been known as the Lord's Street Access situated in the City of Prior Lake, Scott County, Minnesota to wit'. Part of Section 35, Township 115 North, Range 22 West, Scott County Minnesota described as follows: That part of Government Lots 8 and 9, said section, township and range, together with accretions and relictions thereto, lying Easterly of the following described line: Commencing at a point that is 220.28 feet north and 328.53 feet east of the northwest corner of Lot 1, in the plat of Maple Park Shores Acres, said point being on the center line and east edge of the concrete bridge; thence north 83 degrees 00 minutes east a distance of 129.0 feet; thence south 81 degrees 00 minutes east a distance of 112.4 feet; thence north 61 degrees 34 minutes east a distance of 113.0 feet; thence north 54 degrees 57 minutes east a distance of 264.45 feet; thence north 73 degrees 17 minutes east a distance of 284.2 feet to "Point A;" thence north 75.0 feet more or less to the high water mark of Prior Lake and the point of beginning of the line to be described; thence from said point of beginning and continuing along said line extended southerly to the point where the line intersects with, and excepting the 50 foot public road easement known as Lord's Street including, but not limited to, the easement conveyed by Quit Claim Deed dated February 6, 1963, and recorded February 13, 1963, document 101994; and lying Westerly of the following described line: Commencing at a point that is 220.28 feet north and 328.53 feet east of the northwest corner of Lot 1, in the plat of Maple Park Shores Acres, said point being on the center line and east edge of a concrete bridge, thence north 83 degrees 00 minutes east a distance of 129.0 feet; thence south 81 degrees 00 minutes east a distance of 112.4 feet; thence north 61 degrees 34 minutes east a distance of 113.0 feet; thence north 54 degrees 57 minutes east a distance of 264.45 feet; thence north 73 degrees 17 minutes east a distance of 450.0 feet to "Point B;" thence north 12 degrees 06 minutes west from "Point B" to the high water mark of Prior Lake and the actual point of beginning of the line to be described; thence from said point of beginning on the high water mark, south 12 degrees 06 minutes east through Point B and continuing south 12 degrees 06 minutes east to the point where the line intersects with, and excepting the 50 foot public road easement known as Lord's Street including, but not limited to, the easement conveyed by Quit Claim Deed dated February 6, 1963, and recorded February 13, 1963, document 101994. WHEREAS, WHEREAS, WHEREAS, WHEREAS, notice of the hearing on said petition has been duly published and posted in accordance with the applicable Minnesota Statutes, and a Public Hearing was held on said petition on Tuesday, January 17, 1995 at 7:30 p.m. in the Prior Lake City Council Chambers; and the City Council then proceeded to hear all persons interested in said petition and persons interested afforded the opportunity to present their views and objections to the granting of said petition; and the City Council of Prior Lake has determined/ih~, interest that the public may have acquired by virtu'~fthe vacation of any ' a public prescriptive /'-~'~'~ easement in Lord's Street Access would be in the public interest and recognizes that this vacation does not extinguish the rights that private parties may have acquired by virtue of private prescriptive easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that pursuant to Minnesota Statutes 412.851, the above described Lord's Street Access 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 January, 1995. YES Andren Andren Greenfield G reenfield Kedrowski Kedrowski Scott Scott Schenck Schenck NO {Seal} VC01RS.WRT Frank Boyles City Manager City of Prior Lake CITY OF PRIOR LAKE NOTICE OF LORD'S STREET ACCESS VACATION You are hereby notified that a Public Hearing will be held by the City Council in the Prior Lake City Council Chambers at4629 DaKota Street$,E. onMonday, January 17, 1995 at 7:30 p.m. Th~ pu~os¢ of r&is hearing is to consider vacating the public presc~ptiv¢ easement access tv Prior L,ak¢, if any, over and across the following legally described property. Part of Section 35, Townslxip 115 North, l~nge 22 West, Scou County Minnesota described as follows: That Part of Government Lots 8 and 9, said section, township and range, together with accretions and relictions thereto, lying Easterly of the following descri'oed line' Commencing at a point that is 220.28 feet north and 328.53 feet east of the northwest comer of Lot 1, in the plat of Maple Park Shores Acres, said point being on the center line and east edge of the concrete bridge; thence north 83 degrees 00 minutes east a distance of 129.0 feet; thence south 81 degrees 00 minutes east a distance of 112.~, feet; thence north 61 degrees 3a, minutes east a distance of 1],3.0 feet; thence north 54 degrees 57 minutes east a distance of 26¢.a,5 feet; thence north 73 degrees 17 minutes east a distance of 284.2 feet to "Point A;~ thence north 75.0 feet more or less to the high water mark of Prior Lake and the point of beginning of the line to be described; thence from said point of beginning and continuing along said line extended southerly to the point where the line intersects with, and excepting the 50 foot public road easement knowqa as Lord's Street including, but not limited to, the easement conveyed by Quit Claim Deed dat~l February. 6, 1963. and recorded February 13, 1963, document lO199zt; and lying Westerly of the following described line: Commencing at a point that is 220.28 feet north and 328.53 feet east of the northwest corner of Lot 1, in the plat of Maple Park Shores Acres, said point being on the center line and east edge of a concrete bridge; thence north 83 degrees 00 minutes east a distance of 129.0 feet; thence south 81 degrees 00 minutes east a distance of 112.4 feet; thence north 61 degrees 34 minutes east a distance of 113.0 feet; thence north 5~ degrees 5'7 minutes east a distance of 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 ~a~ EQO~ oPPoa~'usrri a~Puo,,za 264.45 feet; thence north 73 degx~es 17 minutes east a distance of 450.0 feet to "Point B;" thence north 12 degrees 06 minutes west from "Point B" to the high water mark of Prior Lake and the actual point of beginning of the line to be described; thence from said point of beginning on the high water mark, south 12 degrees 06 minutes east through Point B and continuing south 12 degrees 06 minutes east'to the point where the line intersects with, and excepting the 50 foot public road easement known as Lord's Street including, but not limited to, the easement conveyed by Quit Claim Deed dated February (5, 1963, and recorded Fcbruax7 13, 19(53, document 101994. or more commonly described as the vacation of Lord's Street Access. If you desire to be heard in reference to this vacation, you should attend this hearing. Oral and written comments ~,'ill be considered by the City Council. If you have questions regarding this matter, contact the Planning Department at 4~7-4230. /' Deb Garross Assistant City Planner ,. DATE: Dem~mb.,~r 16 , 199 4 . TO BE PLrBLISHED IN THE PRIOR LAKE AaMERICAN January 7 and 14,. 1995 SITE ~L2 2664A pL.?.. m *. ZI . ACCESS 11