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Home My WebLink About7B Rolling Oaks Circle Right-of-Way 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: MAY 7, 2018 AGENDA #: 7B PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION APPROVING THE VACATION OF A PORTION OF RIGHT OF WAY LOCATED ADJACENT TO OUTLOT C AND D, TRILLIUM COVE DISCUSSION: Introduction The purpose of this agenda item is to consider a request by Richard and Charles Bolger, property owners, to vacate a portion of right of way located adjacent to Outlot C and Outlot D of the Trillium Cove Plat. The property is located on the east side Rolling Oaks Circle NE, south of CSAH 42. History On July 10, 2017 the Trillium Cove plat was approved by the City Council along with Outlot C and D. Future residential development of Outlot C would require access from Rolling Oaks Circle to the west. A residence currently exists on Outlot D. Current Circumstances Outlot C is proposed for residential development as Lots 1-3, Gens Farm Addition. These proposed lots abut Rolling Oaks Circle which was platted in 1959 as part of Eagle Ridge Acres. The right of way for Rolling Oaks Circle was oversized with a grouping of trees in the center of the cul-de-sac. With the design of the current street reconstruction and public utility project project, excess right-of-way is available for vacation without limiting the public infrastructure that is being constructed with the Rolling Oaks project. The utilities were installed in the fall of 2017 to service the existing and future residential lots of Rolling Oaks Circle. The final street construction of Rolling Oaks Circle will be completed in 2018; therefore, the oversized right-of way dedicated to the public previously is no longer necessary. Conclusion The oversized right of way along Rolling Oaks Circle is no longer necessary. The vacation of this portion of right of way will allow for larger residential lots to be developed on Outlot C and allow for additional lot area for Outlot D. Therefore, City Staff recommends approval of the easement 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 2 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. No public need is present since the utilities were installed in 2017 to service the existing and future residential lots of Rolling Okas Circle. The final street construction of Rolling Oaks Circle will be completed in 2018. FINANCIAL IMPACT: The approval of the right of way vacation will allow for a greater lot area for future residential development on Outlot C and contribute to the tax base of the City. ALTERNATIVES: 1. Conduct the public hearing and make a motion and a second to approve a resolution approving the vacation of a portion of right of way located adjacent to Outlot C and D, Trillium Cove. 2. Motion and a second to deny the request based upon inconsistency of the proposal with specific regulations of Zoning and Subdivision Ordinance and/or specific policies of the Comprehensive Plan. 3. Motion and a second to table action and direct staff to provide additional information specifically requested by the City Council. RECOMMENDED MOTION: ATTACHMENTS: Alternative #1 1. General Location Map 2. Street Vacation Sketch dated 4-11-18 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-___ RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF A RIGHT OF WAY LOCATED ADJACENT TO OUTLOT C AND D, TRILLIUM COVE Motion By: Second By: WHEREAS, Charles and Richard Bolger (the “Owners”) have submitted a petition for the vacation of right of way within Outlot C and Outlot D, Trillium Cove. The petition has been duly presented to the City of Prior Lake, signed by the owner of the property situated in the City of Prior Lake, Scott County, Minnesota to wit: Legal Description (Vacated Right-of-Way Area): That part of Rolling Oaks Circle NE as dedicated on the plat of EAGLE RIDGE ACRES, Scott County, Minnesota described as follows: COMMENCING at the most easterly corner of Outlot C, TRILLIUM COVE, Scott County, Minnesota; thence on an assumed bearing of South 63 degrees 03 minutes 22 seconds West along the southeasterly line of said Outlot C a distance of 134.27 feet to the most southerly corner of said Outlot C and the POINT OF BEGINNING of the land to be described; thence northwesterly 108.16 feet along the southerly line of said Outlot C being a non-tangential curve concave to the southwest having a radius of 100.00 feet, a central angle of 61 degrees 58 minutes 07 seconds and a chord which bears North 68 degrees 04 minutes 19 seconds West; thence South 80 degrees 56 minutes 38 seconds West along said south line a distance of 46.05 feet; thence South 77 degrees 34 minutes 53 seconds East a distance of 77.68 feet; thence southeasterly 107.46 feet along a tangential curve concave to the southwest having a radius of 77.78 feet and a central angle of 79 degrees 09 minutes 47 seconds; thence South 01 degree 34 minutes 54 seconds West a distance of 4.96 feet to the intersection with a radial line (radius = 100.00 feet) from the southwest corner of Outlot D, said TRILLIUM COVE; thence South 83 degrees 45 minutes 36 seconds East along said radial line a distance of 24.02 feet to said southwest corner of Outlot D; thence northerly 75.62 feet along the westerly line of said Outlot D being a non-tangential curve concave to the west having a radius of 100.00 feet and a central angle of 43 degrees 19 minutes 39 seconds and a chord which bears North 15 degrees 25 minutes 26 seconds West to the POINT OF BEGINNING. (PID 255290850, 255290860); 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, May 7, 2018, 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 2 WHEREAS, The remaining right-of-way on Rolling Oaks Circle NE is adequately sized for the maintenance of public utilities 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. 3. Pursuant to Minnesota Statues 412.851, the following described public easement is hereby vacated: Legal Description (Vacated Right-of-Way Area): That part of Rolling Oaks Circle as dedicated on the plat of EAGLE RIDGE ACRES, Scott County, Minnesota described as follows: COMMENCING at the most easterly corner of Outlot C, TRILLIUM COVE, Scott County, Minnesota; thence on an assumed bearing of South 63 degrees 03 minutes 22 seconds West along the southeasterly line of said Outlot C a distance of 134.27 feet to the most southerly corner of said Outlot C and the POINT OF BEGINNING of the land to be described; thence northwesterly 108.16 feet along the southerly line of said Outlot C being a non-tangential curve concave to the southwest having a radius of 100.00 feet, a central angle of 61 degrees 58 minutes 07 seconds and a chord which bears North 68 degrees 04 minutes 19 seconds West; thence South 80 degrees 56 minutes 38 seconds West along said south line a distance of 46.05 feet; thence South 77 degrees 34 minutes 53 seconds East a distance of 77.68 feet; thence southeasterly 107.46 feet along a tangential curve concave to the southwest having a radius of 77.78 feet and a central angle of 79 degrees 09 minutes 47 seconds; thence South 01 degree 34 minutes 54 seconds West a distance of 4.96 feet to the intersection with a radial line (radius = 100.00 feet) from the southwest corner of Outlot D, said TRILLIUM COVE; thence South 83 degrees 45 minutes 36 seconds East along said radial line a distance of 24.02 feet to said southwest corner of Outlot D; thence northerly 75.62 feet along the westerly line of said Outlot D being a non-tangential curve concave to the west having a radius of 100.00 feet and a central angle of 43 degrees 19 minutes 39 seconds and a chord which bears North 15 degrees 25 minutes 26 seconds West to the POINT OF BEGINNING. (PID 255290850, 255290860) Passed and adopted by the Prior Lake City Council this 7th day of May 2018. VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager 140TH ST NE R O L L I N G O A K S C I R N E Scott County GIS Ü Rolling Oaks Circle Vacation Location Map UP P E R P R I O R L A K EG D(9 04 ) LO W ER P R IO R L AK EG D(9 04 ) PI K ELA K ENE(8 20 .5 ) MYS T ICLA K ENE HA A SLA K ENE(9 07 .3 ) AR T I CLA K ENE(9 06 .7 ) HO W A RD L A KENE(9 57 .3 ) Scott County GIS SUBJECT PROPERTY SUBJECTPROPERTY