HomeMy WebLinkAbout7A Manitou Road Vacation Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: APRIL 2, 2018
AGENDA #: 7A
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION
VACATING A PORTION OF THE MANITOU ROAD NE RIGHT-OF-WAY
DISCUSSION: Introduction
The purpose of this agenda item is to conduct a public hearing and consider
the request to vacate a portion of a platted public right-of-way located
adjacent to a property at 15155 Manitou Road NE, north of Lords Street.
History
The road was created as Lila Lane (now known as Manitou Road) as part of
the Kopp’s Bay Addition plat approved by the City Council in 1958. Brian
Rue, the applicant, recently purchased the adjacent property at 15155
Manitou Road.
Current Circumstances
City staff has evaluated the vacation application to determine whether there
is a local public need for this property. That need would include, but not be
limited to, public utilities and/or private lot access. A recent reconstruction
of Maniotu Road and the area public utilities were completed in 2017. No
public utilities exist or are planned within this small triangular (245 square
feet) right-of-way area proposed for vacation.
Conclusion
There are no current or planned public utilities located within this 245 square
foot right-of-way vacation request area, therefore City Staff recommends
approval of the vacation request.
ISSUES: Minnesota State Statutes 412.851 govern the vacation of streets, alleys,
public grounds and public ways in statutory cities. The city’s decision to
grant or deny a vacation is legislative in character. Therefore, the City
Council must make a decision that the proposed vacation is “in the interest
of the public”. If the City concludes that this portion of the public right-of-way
is no longer needed for a public reason, then vacating it can be deemed to
be in the interest of the public.
FINANCIAL
IMPACT:
Approval of the requested vacation will facilitate the construction of a single
family residential dwelling on the property which will add to the property tax
base.
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ALTERNATIVES: 1. Conduct the public hearing and if no new substantive information is
offered, motion and second to approve a resolution approving the
vacation of a portion of the Manitou Road NE right-of-way.
2. Motion and Second to deny approval based on findings to support denial.
3. Table this item to a certain date in the future.
RECOMMENDED
MOTION:
ATTACHMENTS:
Alternative #1.
1. Location Map
2. Resolution
3. Survey
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 18-___
RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE
MANITOU ROAD NE RIGHT-OF-WAY
Motion By: Second By:
WHEREAS,
WHEREAS,
Brian Rue (Applicant and Property Owner of PID 250510013), has submitted a
petition for the vacation of a portion of the Manitou Road NE right-of-way; and
The petition has been duly presented to the City of Prior Lake, Scott County,
Minnesota to wit:
Legal Description (Vacated Right-of-Way Area):
ALL THAT PART OF MANITOU ROAD, PLATTED AS (LILA LANE), IN KOPP’S BAY
ADDITION, SCOTT COUNTY, MINNESOTA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY NORTHWEST CORNER OF LOT 2, OF
SAID KOPP’S BAY ADDITION; THENCE S 52°13’00” W, ALONG THE
NORTHWESTERLY LINE OF SAID LOT 2, A DISTANCE OF 50.00 FEET TO THE
MOST WESTERLY NORTHW EST CORNER OF SAID LOT 2; THENCE N 37°10’00”
E, ALONG THE NORTHEASTERLY EXTENSION OF THE WESTERLY LINE OF
SAID LOT 2, A DISTANCE OF 37.71 FEET TO ITS INTERSECTION WITH THE
WESTERLY EXTENSION OF THE NORTHERLY LINE OF SAID LOT 2; THENCE
N 87°59’36” E, ALONG THE WESTERLY EXTENSION OF THE NORTHERLY LINE
OF SAID LOT 2, A DISTANCE OF 16.75 FEET TO THE POINT OF BEGINNING.;
and
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, April 2, 2018, in the Council
Chambers at Prior Lake 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
WHEREAS, The vacated area legally described above is no longer necessary for the
maintenance of public utilities, public access, or any other public purpose.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council of Prior Lake has determined that the vacation of said public right-of-way
would be in the public interest.
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3. The approval resolution vacating the right-of-way shall be recorded at the Scott County
Recorder’s Office.
4. Pursuant to Minnesota Statues 412.851, the following described public right-of-way is hereby
vacated:
Legal Description (Vacated Drainage & Utility Easement Area):
ALL THAT PART OF MANITOU ROAD, PLATTED AS (LILA LANE), IN KOPP’S BAY
ADDITION, SCOTT COUNTY, MINNESOTA, DESCRIBED AS FOLLOWS: BEGINNING AT
THE MOST NORTHERLY NORTHWEST CORNER OF LOT 2, OF SAID KOPP’S BAY
ADDITION; THENCE S 52°13’00” W, ALONG THE NORTHWESTERLY LINE OF SAID LOT
2, A DISTANCE OF 50.00 FEET TO THE MOST WESTERLY NORTHWEST CORNER OF
SAID LOT 2; THENCE N 37°10’00” E, ALONG THE NORTHEASTERLY EXTENSION OF
THE WESTERLY LINE OF SAID LOT 2, A DISTANCE OF 37.71 FEET TO ITS
INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTHERLY LINE OF SAID
LOT 2; THENCE N 87°59’36” E, ALONG THE W ESTERLY EXTENSION OF THE
NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 16.75 FEET TO THE POINT OF
BEGINNING.
PASSED AND ADOPTED THIS 2ND DAY OF APRIL 2018
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
LORDS ST NE
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Scott County GIS
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15155 Manitou Road NEVacation Location Map
UPPER PRIOR LAKEGD(904)
LOWER PRIOR LAKEGD(904)
MYSTICLAKENE
HAASLAKENE(907.3)
ARTICLAKENE(906.7)
HOWARD LAKENE(957.3)
Lower Prior Lake
Scott County GIS
SUBJECT
PROPERTY
SUBJECTPROPERTY