HomeMy WebLinkAbout7B 15753 Highland Ave 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: JULY 16, 2018
AGENDA #: 7B
PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR
PRESENTED BY: CASEY MCCABE
AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION
VACATING A PORTION OF A PLATTED RIGHT-OF-WAY ADJACENT TO
15753 HIGHLAND AVENUE NW
DISCUSSION: Introduction
The purpose of this agenda item is to conduct a public hearing on the request
to vacate right-of-way (ROW) located north of 15753 Highland Avenue NW,
west of Eagle Creek Avenue (CH21).
History
The Highland Avenue NW ROW was dedicated to the public on the 1976
plat of Island View 1st Addition.
The portion of Highland Avenue NW near 15753 Highland Avenue was
reconstructed in 2006 as part of a Scott County project. Prior to 2006, this
section of Highland Avenue had a T-intersection at CH21, as did Eau Claire
Trail NE on the east side of CH21. To improve traffic operations and safety,
a section of Highland Avenue was shifted approximately 100 feet north to
align with Eau Claire Trail NE, which was realigned south, to create one full
intersection with opposing intersecting streets and eliminating conflicting
turning movements caused by offsetting T-intersections.
The reconstructed portion of Highland Avenue NW was shifted northerly onto
property which the State of Minnesota conveyed in fee title of tax forfeited
lands to Scott County in 1985. The State Deed conveyed land for specific
public uses being exclusively for road construction and drainage purposes;
however, a revised Highland Avenue ROW was not recorded and an
easement was not provided to the City of Prior Lake.
Current Circumstances
The lack of a platted ROW or easement to the City of Prior Lake was
identified as a concern by a title company while preparing closing documents
for the potential sale of the 15753 Highland Avenue property in May because
the parcel accessed the street over private (Scott County) property.
On June 19, 2018, Scott County adopted a resolution authorizing the
granting of an easement for roadway purposes to the City of Prior Lake, as
the road authority, for a portion of Highland Avenue NW in the City of Prior
Lake. This county action resolved the access issues as the property now
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has access to Highland Avenue through a dedicated ROW and City of Prior
Lake easement.
David E. Lewis and Patricia A. Johnson, as joint tenants of 15753 Highland
Avenue NW, have applied for the vacation of the Highland Avenue NW ROW
located north of Lot 5, Block 4, Island View 1st Addition (PID 251430630).
Approval of the ROW vacation would increase the buildable area of their
property. The ROW is no longer needed for access purposes; however,
there are existing utilities within the ROW.
Conclusion
City staff has evaluated the vacation application to determine whether there
is a local public need for this property. Although the ROW is no longer
needed for access purposes, there are city utilities located within the
proposed vacation area. Therefore, the attached resolution is conditioned
upon the applicants granting the City of Prior Lake a permanent easement
for the purpose of drainage, utility and access over, across, on, under and
through the portion of vacated Highland Avenue NW right-of-way; the
proposed easement agreement is attached to this report.
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 decide that the proposed vacation is “in the interest of the
public”. If the City concludes that this portion of the public alley is no longer
needed for a public reason, then vacating it can be deemed to be in the
interest of the public.
FINANCIAL
IMPACT:
No financial impact anticipated.
ALTERNATIVES: 1. Conduct the public hearing and if no new substantive information is
presented, make a motion and second to approve a resolution approving
the vacation of the right-of-way alley adjacent to 15753 Highland Avenue
NW.
2. Motion and second to deny the vacation request based on findings to
support denial.
3. Motion and second to table this item to a certain date in the future.
RECOMMENDED
MOTION:
ATTACHMENTS:
Alternative #1.
1. Location Map
2. ROW Vacation Exhibit
3. Easement Document
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 18-___
RESOLUTION PROVIDING FOR THE VACATION OF AN UNIMPROVED ALLEY
Motion By: Second By:
WHEREAS,
WHEREAS,
WHEREAS,
Highland Avenue NW right-of-way was dedicated to the public on the 1976 plat of
Island View 1st Addition; and
David E. Lewis and Patricia A. Johnson, as joint tenants of 15753 Highland Avenue
NW (‘Applicants’), have submitted a petition for the vacation of right-of-way adjacent
to their property (PID 251430630); and
The petition has been duly presented to the City of Prior Lake, Scott County,
Minnesota to wit:
Legal Description of Portion of Highland Avenue NW to be vacated:
That part Highland Avenue NW, as platted in ISLAND VIEW 1ST ADD’N, according
to the record plat thereof, on file in the Office of the County Recorder in and for Scott
County, Minnesota, which lies southeasterly of a line lying 60.00 feet southeasterly
of and parallel with Line A, described below, and which lies easterly of Line B,
described below, and which also lies westerly of the westerly line of SCOTT
COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 34, according to the record plat
thereof, on file in the Office of the County Recorder in and for Scott County,
Minnesota.
Line A:
Commencing at the northeast corner of Government Lot 3, Section
34, Township 115 North, Range 22 West, Scott County, Minnesota;
thence South 00 degrees 15 minutes 12 seconds West, along the
east line of said Government Lot 3, a distance of 872.30 feet to a point
hereinafter referred to as Point A; thence continuing South 00
degrees 15 minutes 12 seconds West, along said east line of
Government Lot 3, a distance of 100.42 feet to the north line of said
Highland Avenue NW; thence South 85 degrees 37 minutes 51
seconds West, along said north line of Highland Avenue NW, a
distance of 219.15 feet to the east line of Block 3, said ISLAND VIEW
1ST ADD’N; thence North 00 degrees 21 minutes 30 seconds East,
along said east line of Block 3, a distance of 6.57 feet to the beginning
of Line A; thence northeasterly a distance of 43.43 feet along a non-
tangential curve concave to the northwest having a radius of 65.50
feet, a central angle of 37 degrees 59 minutes 27 seconds, a chord
length of 42.64 feet, and a chord bearing of North 59 degrees 56
minutes 44 seconds East; thence North 40 degrees 57 minutes 01
second East, tangent to the last described curve, a distance of 43.11
feet; thence northeasterly a distance of 84.97 feet along a tangential
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curve concave to the southeast having a radius of 126.50 feet and a
central angle of 38 degrees 29 minutes 00 seconds; thence North 79
degrees 26 minutes 01 second East, tangent to the last described
curve, a distance of 82.82 feet to said Point A and said Line A there
terminating.
Line B:
Beginning at the northwest corner of Lot 5, Block 4, ISLAND VIEW
1ST ADD’N, according to the record plat thereof, on file in the Office
of the County Recorder in and for Scott County, Minnesota; thence
north, perpendicular to the north line of said Lot 5, a distance of 38.00
feet, more or less, to its intersection with a line lying 60.00 feet
southeasterly of and parallel with the above described Line A and said
Line B there terminating.; 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, July 16, 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,
WHEREAS,
The vacated area legally described above is no longer necessary for the public
access; and
The vacated area legally described above is necessary for the maintenance of public
utilities.
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. This resolution is conditioned upon the Applicants granting the City of Prior Lake a permanent
easement for the purpose of drainage, utility and access over, across, on, under and through
the portion of vacated Highland Avenue NW right-of-way.
3. The City Council of Prior Lake has determined that the vacation of said public right-of-way
would be in the public interest.
4. The approval resolution vacating the right-of-way shall be recorded at the Scott County
Recorder’s Office.
5. Pursuant to Minnesota Statues 412.851, the following described right-of-way is hereby
vacated:
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Legal Description of Portion of Highland Avenue NW to be vacated:
That part Highland Avenue NW, as platted in ISLAND VIEW 1ST ADD’N, according to the record
plat thereof, on file in the Office of the County Recorder in and for Scott County, Minnesota, which
lies southeasterly of a line lying 60.00 feet southeasterly of and parallel with Line A, described
below, and which lies easterly of Line B, described below, and which also lies westerly of the
westerly line of SCOTT COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 34, according to the
record plat thereof, on file in the Office of the County Recorder in and for Scott County, Minnesota.
Line A:
Commencing at the northeast corner of Government Lot 3, Section 34, Township
115 North, Range 22 West, Scott County, Minnesota; thence South 00 degrees 15
minutes 12 seconds West, along the east line of said Government Lot 3, a distance
of 872.30 feet to a point hereinafter referred to as Point A; thence continuing South
00 degrees 15 minutes 12 seconds West, along said east line of Government Lot
3, a distance of 100.42 feet to the north line of said Highland Avenue NW; thence
South 85 degrees 37 minutes 51 seconds West, along said north line of Highland
Avenue NW, a distance of 219.15 feet to the east line of Block 3, said ISLAND
VIEW 1ST ADD’N; thence North 00 degrees 21 minutes 30 seconds East, along
said east line of Block 3, a distance of 6.57 feet to the beginning of Line A; thence
northeasterly a distance of 43.43 feet along a non-tangential curve concave to the
northwest having a radius of 65.50 feet, a central angle of 37 degrees 59 minutes
27 seconds, a chord length of 42.64 feet, and a chord bearing of North 59 degrees
56 minutes 44 seconds East; thence North 40 degrees 57 minutes 01 second East,
tangent to the last described curve, a distance of 43.11 feet; t hence northeasterly
a distance of 84.97 feet along a tangential curve concave to the southeast having
a radius of 126.50 feet and a central angle of 38 degrees 29 minutes 00 seconds;
thence North 79 degrees 26 minutes 01 second East, tangent to the last described
curve, a distance of 82.82 feet to said Point A and said Line A there terminating.
Line B:
Beginning at the northwest corner of Lot 5, Block 4, ISLAND VIEW 1ST ADD’N,
according to the record plat thereof, on file in the Office of the County Recorder in
and for Scott County, Minnesota; thence north, perpendicular to the north line of
said Lot 5, a distance of 38.00 feet, more or less, to its intersection with a line lying
60.00 feet southeasterly of and parallel with the above described Line A and said
Line B there terminating.
PASSED AND ADOPTED BY THE PRIOR LAKE CITY COUNCIL THIS 16th DAY OF JULY 2018.
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
_____________________________
Frank Boyles, City Manager
General Location Map
15753 Highland Avenue NW
∆∆EXHIBIT B
(This space reserved for recording information)
Parcel Id No.:251430630
GRANT OF PERMANENT EASEMENT
THIS AGREEMENT, made this _____ day of July 2018, by and between David E. Lewis and
Patricia A. Johnson, and its assigns, husband and wife, (“Fee Owners”) (hereinafter “Grantors”), and
the CITY OF PRIOR LAKE, a municipal corporation organized under the laws of the State of Minnesota
(hereinafter “City”).
WITNESSETH:
The Grantors, in consideration of the sum of $1.00, and other good and valuable consideration
to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, do
hereby grant and convey to the City, its successors and assigns, forever, a permanent easement for
the purpose of drainage, utility and access over, across, on, under and through land situated within the
County of Scott, State of Minnesota, legally described as follows:
SEE ATTACHED EXHIBIT “A”
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon
the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain
said public drainage and utility systems over, across, on, under and through the permanent easement
Parcel Id No.: 251430630
premises, together with the right to grade, level, fill, drain, pave, and excavate the easement premises,
and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the
location, construction, and maintenance of any public Improvements.
The above-named Grantors, for themselves, their successors, heirs, and assigns do covenant
with the City, its successors and assigns, that they are well seized in fee title of the above-described
permanent easement premises and that they have the sole right to grant and convey the easement to
the City.
IN TESTIMONY WHEREOF, the parties hereto have signed this Agreement the day and year
first above written.
GRANTOR and FEE OWNER:
By: David E. Lewis
By: Patricia A. Johnson
STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this ________ day of July 2018, by David E. Lewis
and Patricia A. Johnson, husband and wife, Grantor and Fee Owner, on its behalf.
Notary Public
This Agreement Drafted By:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
Parcel Id No.: 251430630
EXHIBIT “A”
(Legal Descriptions of Permanent Drainage, Utility and Access Easements)
Permanent drainage, utility and access easements over, under and across that part of the following described land
in Scott County, Minnesota:
That part Highland Avenue NW, as platted in ISLAND VIEW 1ST ADD’N, according to the record plat
thereof, on file in the Office of the County Recorder in and for Scott County, Minnesota, which lies
southeasterly of a line lying 60.00 feet southeasterly of and parallel with Line A, described below, and
which lies easterly of Line B, described below, and which also lies westerly of the westerly line of SCOTT
COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 34, according to the record plat thereof, on file in the
Office of the County Recorder in and for Scott County, Minnesota.
Line A:
Commencing at the northeast corner of Government Lot 3, Section 34, Township 115
North, Range 22 West, Scott County, Minnesota; thence South 00 degrees 15 minutes 12
seconds West, along the east line of said Government Lot 3, a distance of 872.30 feet to
a point hereinafter referred to as Point A; thence continuing South 00 degrees 15 minutes
12 seconds West, along said east line of Government Lot 3, a distance of 100.42 feet to
the north line of said Highland Avenue NW; thence South 85 degrees 37 minutes 51
seconds West, along said north line of Highland Avenue NW, a distance of 219.15 feet to
the east line of Block 3, said ISLAND VIEW 1ST ADD’N; thence North 00 degrees 21
minutes 30 seconds East, along said east line of Block 3, a distance of 6.57 feet to the
beginning of Line A; thence northeasterly a distance of 43.43 feet along a non-tangential
curve concave to the northwest having a radius of 65.50 feet, a central angle of 37 degrees
59 minutes 27 seconds, a chord length of 42.64 feet, and a chord bearing of North 59
degrees 56 minutes 44 seconds East; thence North 40 degrees 57 minutes 01 second
East, tangent to the last described curve, a distance of 43.11 feet; thence northeasterly a
distance of 84.97 feet along a tangential curve concave to the southeast having a radius
of 126.50 feet and a central angle of 38 degrees 29 minutes 00 seconds; thence North 79
degrees 26 minutes 01 second East, tangent to the last described curve, a distance of
82.82 feet to said Point A and said Line A there terminating.
Line B:
Beginning at the northwest corner of Lot 5, Block 4, ISLAND VIEW 1ST ADD’N, according
to the record plat thereof, on file in the Office of the County Recorder in and for Scott
County, Minnesota; thence north, perpendicular to the north line of said Lot 5, a distance
of 38.00 feet, more or less, to its intersection with a line lyin g 60.00 feet southeasterly of
and parallel with the above described Line A and said Line B there terminating.
Parcel Id No.: 251430630
EXHIBIT “B”
(Depiction of the Easement Area)