HomeMy WebLinkAbout02-139 Randy Simpson VacationTO:
FROM:
Suesan Lea Pace, City Attorney
Cynthia Kirchoff, Planner0.X~
DATE:
September 5, 2002
Vacation of 6m Street public right-of-way
Attached please find a certificate of survey for property located at 2933 Spring Lake Road.
Randy Simpson, the property owner of 2933 Spring Road, would like to construct a garage
addition on the northeast elevation of an existing single family dwelling. The subject site
abuts Spring Lake Road, an improved public right-of-way, and 6~ Street, an unimproved
public right-of-way, so it has two front yards and must maintain two front yard setbacks. A
portion of the Ch Street right-of-way was vacated some time ago, as shown on the survey.
The existing dwelling maintains a 20 foot setback from the property line abutting the 6m
Street right-of-way, and the addition would be 10 feet from the property line.
Mr. Simpson is wondering if the unimproved public right-of-way for 6m Street can be
vacated so that he does not have two front yards for setback purposes. The 6m Street right-
of-way is currently utilized as unofficial access to Spring Lake.
My question to you is the following:
If the 6~ Street public right-of-way is vacated, how will it be apportioned? That
is, will the City of Prior Lake receive 15 feet or all of the 30 feet of right-of-way?
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
halleland lewis nilan
sipkins & johnson
Attorneys at Law / RA
600 Pillsbury Center South
220 South Sixth Street
Minneapolis, MN 55402-4501
Office: 6123381838 Fax: 612338.7858
www. halleland.com
Celeste DeMars, Esq.
Direct Dial: 612.204.4142
Email: cdema rsOhallela nd.corn
September 30, 2002
VIA FACSIMILE, E-MAIL & U.S. MAIL
Ms. Cynthia Kirchoff
Planner
City of Prior Lake
16200 Eagle Creek Avenue Southeast
Prior Lake, Minnesota 55372
Re:
Vacation of 6th Street public right-of-way
Our File No. 20245-0002
Dear Ms. Kirchoff:
Suesan Pace asked me to respond to your memorandum to her dated September 5, 2002 in
this matter. We have reviewed the materials you delivered and in order to determine how the
6th Street public right-of-way would be apportioned upon vacation, we need to see a copy of
the recorded Plat of Spring Lake Townsite. This will give us insight into the circumstances of
the acquisition by the City of Prior Lake of the right-of-way. This information is required in
order to analyze apportionment. Please obtain a copy of the Plat and send it to our attention.
We did review the prior court order in the registration on the adjacent property. The case
seems to settle questions about the Reserve. If dealt also with 5t~ Street but relied heavily on
the fact that 5t~ Street was not ever opened or used. Here we understand that 6t~ Street is
open and in use as access to Spring Lake. We also understand there are other accesses open
which provide access to Spring Lake. A fundamental question exists as to whether the City's
ownership of a five foot strip (acquired by prior settlement) would constitute an abutting
owner to allow it to become the owner of part of vacated 6t~ Street. Please let us know what
part of 6th Street the City proposes to vacate.
Please call me (612/204-4142) or Ronald Peterson, Esq. (612/204-4122) should you have any
questions or comments.
Very truly yours,
Celeste DeMars, Esq.
CC:
Suesan Lea Pace, Esq.
Ronald P. Peterson, Esq.
DN: 162805
30, 2002
Celeste DeMars, Esq.
Halleland Lewis Nilan Sipkins & Johnson
Pillsbury Center South
220 South 6m Street, # 600
Minneapolis, MN 55402-4501
Vacation of 6~ Street public right-of-way
File: 20245-0002
Dear Ms. DeMars:
This letter is in response to your letter dated September 30, 2002, concerning the above
referenced vacation.
As requested, I have enclosed a copy of the Spring Lake Townske plat for your review.
You also requested infOrmation concerning what portion of the right-of-way is proposed to
be vacated. It is my understanding that k is the portion of 6u' Street south of Spring Lake
Road (shown as ~Lake Street" on the plat).
Should you have any additional questions, please feel free to contact me at (952) 447-9813.
Sincerely,
Cynthia R. Kirchoff~AffCP ~.
Planner
Enclosure
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Celeste DeMars, Esq.
Direct Dial: 612.204.4142
Emaih cdemars{~halleland.com
September 30, 2002
VIA FACSIMILE, E-MAIL & U.S. MAIL
Ms. Cynthia Kirchoff
Planner
City of Prior Lake
16200 Eagle Creek Avenue Southeast
Prior Lake, Minnesota 55372
Re:
Vacation of 6TM Street public right*of-way
Our File No. 20245-0002
Dear Ms. Kirchoff:
Suesan Pace asked me to respond to your memorandum to her dated September 5,
2002 in this matter. We have reviewed the materials you delivered and in order to
determine how the 6TM Street public right-of-way would be apportioned upon vacation,
we need to see a copy of the recorded Plat of Spring Lake Townsite. This will give us
insight into the circumstances of the acquisition by the City of Prior Lake of the right-
of-way. This information is required in order to analyze apportionment. Please
obtain a copy of the Plat and send it to our attention.
We did review the prior court order in the registration on the adjacent property. The
case seems to settle questions about the Reserve. If dealt also with 5TM Street but
relied heavily on the fact that 5th Street was not ever opened or used. Here we
understand that 6th Street is open and in use as access to Spring Lake. We also
understand there are other accesses open which provide access to Spring Lake. A
fundamental question exists as to whether the City's ownership of a five foot strip
(acquired by prior settlement) would constitute an abutting owner to allow it to
become the owner of part of vacated 6th Street. Please let us know what part of 6th
Street the City proposes to vacate.
Please call me (612/204-4142) or Ronald Peterson, Esq. (612/204-4122) should
you have any questions or comments.
Very truly yours,
Celeste DeMars, Esq.
DN: 162805
Ms. Cynthia Kirchoff
September 30, 2002
Page 2
CC:
Suesan Lea Pace, Esq.
Ronald P. Peterson, Esq.
DN: 162805
ESo
November 4, 2002
Mr. Randy Simpson
2933 Spring Lake Road
Prior Lake, MN 55372
RE: Request to vacate a portion of 6~h Street right-of-way
Dear Mr. Simpson:
On November 1, 2002, the City of Prior Lake received the above referenced application.
Upon review, staff has noted that the following information is necessary to make your
application complete:
1. The $200 filing fee.
Once we have received the above information, we will process your application and schedule
this item for a public hearing at a future Planning Commission meeting.
Please feel free to contact me at 447-9813, should you have any questions regarding the
right-of-way vacation process.
Sincerely,
Planner
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
January 3, 2003
Mr. Randy Simpson
2933 Spring Lake Road
Prior Lake, MN 55372
RE: Request to vacate a portion of 6th Street right-of-way
Dear Mr. Simpson:
On November 4, 2002, the City of Prior Lake notified you that the above referenced
development application was incomplete and could not be processed until the $200 filing fee
was submitted.
Should you wish to pursue the vacation, please submit the filing fee no later than Friday,
January 10, 2003. If we do not hear from you at this time, the City will assume that you have
no interest in the vacation and will close the file.
Please contact me at (952) 447-9813, if you have any questions concerning the application
process.
Sincerely,
Cfnthia R. Kircl~off,k'AlCP '-
Planner
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
March 17, 2003
Randy Simpson
2933 Spring Lake Road
Prior Lake, MN 55372
RE: Request to vacate a portion of 6th Street right-of-way
Dear Mr. Simpson:
I am returning the above referenced application you submitted on November 1,
2002, because it is incomplete and I have not heard from you as to whether you
would like to pursue the vacation.
Sincerely,
Planner
Enclosure
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 44%4245
AN EQUAL OPPORTUNITY EMPLOYER
HUEMOELLER & BATES
A'i'FORNEYS AT LAW
16670 FRANKLIN TRAIL
POST OFFICE Box 67
PRIOR LAKE, MINNESOTA 55372
lAMES D. BATE5
BRYCE O. HUEMOELLER
October 4, 1991
Telephone (612) 447.2131
Telecopier (61.2) 447-562B
Lee Vickerman, Esq.
206 S. Scott Street
Shakopee, MN 55379
Re: Simpson - Gelhaye
Dear Lee:
I met with Dave Unmacht, the Prior Lake city manager, to
discuss the city's position on the "reserve" area of Spring Lake
Townsite.
I had previously written Dave telling him that we didn't
think the city had an interest in the "reserve" area and wanted
to trade the five foot strip for cooperation of the city in
registering or quieting the title to the "reserve" area.
Dave had talked with Bill Schmokel before our meeting and
showed me a copy of a 1963 Scott County District Court case Ghat
contains a finding that the "reserve" area was not dedicated to
the public, so that record title to the reserve remains in the
original dedicators and their heirs. Dave is sending me a copy
of the case, and I will send it on to you.
Dave intends to talk with the city attorney about my letter
and the Hauser v. Dvorak, et al, decision. Based on his talk .
with Glenn Kessel, he will present something to the city counsel.
Insofar as the Simpsons are concerned, I think the Hauser
v. Dvorak, et al, decision indicates that you will need to do an
initial registration proceeding for the "reserve" area. We would
like you to include the additional 30 feet adjacent to the
vacated 6th Street in your proceeding. After seeing the Hauser
case, I think that it is likely the city will want to make a
reasonable settlement to make sure that it preserves the existing
access to Spring Lake.
I would agree with you that the appropriate procedure for the
vacated 6th Street is a proceeding subsequent %o initial
registration. But I Still think that as to the "reserve" area,
you will have to start an initial registration proceeding, and we
Lee Vickerman
Page 2
October 4, 1991
would like you to include the additional 30 feet in that pro-
ceeding.
Si~e~rely,
Bryce ~. ~uemoeller
BDH: ab
c dy and Patrtce Simpson
I I
I i
II i
MEMO
TO:
FROM:
RE:
DATE:
The file
Bryce D. Huemoeller
Simpson - Gelhaye
December 3, 1991
On November 27, 1991, I talked with Dave Unmacht and was told
that the Prior Lake City Attorney, Glenn Kessel, concurs with our
position on the reserve area of the plat of Spring Lake Townsite.
Based on Kessel's opinion, Dave will be talking with the
members of the City Council about a change in policy on the
reserve. Dave was very clear in reminding me that the Council
has various options such as directing Kessel to perform
additional research, hiring other counsel on this issue, taking
the position that Kessel is wrong, or simply refusing to
cooperate even though they acknowledge that ours and Kessel's
analysis of the situation is essentially correct.
Nevertheless, Dave will be talking with the Council, probably
in a closed session, based on the statement in our letter that we
would be joining the City as a defendant in a proceeding to
determine who owns the property, and will probably recommend to
the Council that it accept the settlement that we have proposed
(that is, the exchange of the five foot strip for the cooperation
of the City in obtaining record title to the reserve area that we
want).
He will be talking with the Council in December with the goal
of having the negotiations and settlement with us concluded by
the end of 1991.
BDH:jd
cc: Randy and Patrice Simpson
SETTLEMENT AGREEMENT
This agreement is made on the day of March, 1992 by and
among MARIE GELHAYE, a single person"'(Gelhaye), RANDY D. SIMPSON
and PATRICE L. SIMPSON, husband and wife (the Simpsons), and the
CITY OF PRIOR LAKE, a municipal corporation under the laws of
Minnesota (the City).
RECITALS
A. The Simpsons have purchased from Gelhaye by contract for
deed dated May 7, 1991, the real property in Scott County,
Minnesota, described as follows (the Property):
The southeasterly 5.00 feet of Lot 1, Block 49, plat of
Spring Lake Townsite, and that part of the vacated Reserve in
said plat lying southeasterly of the southwesterly extension
of the northwesterly line of said southeasterly 5.00 feet and
lying northwesterly of the southwesterly extension of the
northwesterly line of Sixth Street in said plat.
The now vacated southeasterly 30.00 feet of Sixth Street as
shown on the plat of Spring Lake Townsite, lying
southwesterly of the southwesterly right-of-way line of Lake
Street as shown on said plat. i~
And:
The northwesterly 28.00 feet of Lot.5, and all of Lot 6, of
Block 50, in the Town of Spring Lake, Scott County, Minnesota
according to the plat thereof on file and of record in the
office of the Register of Deeds in and for said County and
State. Together with that part of the now vacated reserve in
said plat lying northwesterly of the southwesterly extension
of the southeasterly line of the northwesterly 28.00 feet of
said Lot 5, and southeasterly of the southwesterly extension
of the northwesterly line of said Lot 6.
B. In addition to their use and occupancy of the Property,
Gelhaye and her deceased husband, Gordon Gelhaye, have been, for
at least 15 continuous years, in the adverse possession of that
portion of the area designated as "Reserve" in the plat of the
Town of Spring Lake, identified as "Proposed Vacation Subject
Site" on the attached Exhibit A, and referred to herein as the
"Additional Lakeshore".
C. Although the City has historically claimed an interest in
the Reserve and the Additional Lakeshore by virtue of the
dedication for the plat of the Town of Spring Lake, proceedings
in the Scott County District Court have determined that the
Reserve was not in fact dedicated to the public. Accordingly,
the City has agreed to waive its claims to the Additional
Lakeshore and cooperate in an initial land title registration
proceeding for the Additional Lakeshore upon the terms in
this agreement.
AGREEMENT
In consideration of the mutual promises contained herein, the
parties agree as follow:
1. TITLE PROCEEDING. Gelhaye shall promptly and at her sole
cost and expense commence and diligently prosecute to completion,
an initial land title registration proceeding to establish that
Gelhaye is the fee owner of the Additional Lakeshore subject only
to the contract for deed in favor of the Simpsons and the
riparian rights of the State of Minnesota below the normal ordi-
nary high waterline of Spring Lake (the Title Registration
Proceeding). The City shall execute, acknowledge and file with
the Court an assent to the Title Registration Proceeding on
request by Gelhaye.
2. EXCHANGE. On completion of the Title Registration
Proceeding, Gelhaye and the Simpsons shall within 15 days
thereafter execute and deliver to the City a limited warranty
deed in recordable form conveying to the City title to the
southeasterly 5.00 feet of Lot 1, Block 49, Town of Spring Lake.
3. CLOSING AGREEMENT. This agreement shall not be construed
as a waiver or modification of that certain closing agreement,
dated May 7, 1991, among Gelhaye, the Simpsons and Equity Title
Services, the terms of which are hereby ratified and affirmed.
4. PERSONS BOUND. This agreement shall bind and benefit the
parties hereto and their respective heirs, representatives,
successors and assigns.
5. GOVERNING LAW.
Minnesota Law.
This agreement shall be governed by
MARIE GELHAYE
RANDY D. SIMPSON
PATRICE L. SIMPSON
CITY OF PRIOR LAKE
BY
ITS MAYOR
AND
ITS CITY MANAGER
-2-
STATE OF ~.~INNESOTA
COUI~TY OF SCOTT
IN DISTRICT COURT
FIRST JUDICIAL DISTRICT
In the matter of the amended application
of Howard J. Hauser to register' the title
to certain lands in Scott County, ;.~innesota.
Howard J, Hauser,
Applicant,
-VS-
Emil Dvorak et al.,
Defendants.
FI~;DI}~:GS OF {;ACT
CONCLUSIOn, S OF LAW
ORDER FOR JUD(H;'.ENT
The above entitled proceeding, which is one seekin~ to re~ister
title to certain lands in Scott County, ]4inn~sota, came on to be
heard before the court cn February 27th, 1963. Philip [leville ap- pend Irvln~ L'.?rlsch
peared for and on behalf of the Applicant. Louis J. NorJarty/;tp-
peared for and on behalf ofthe defendant Town of Spring Lake. M.J.
Daly appeared for and on behalf of the defendant Sco~t County,
Minnesota.
The land which is sought to be registered in s-~id proceeding,
which is located in Scott County, ¥..innesota, is described in said
application as follo%~s:
Lots One (1) and T%~'o (2}, Block Fifty (50) in ti~e Town of
SprinK Lake and that part of Fifth Street and tile beach
described as follows: Starting at the (north%~esterly) mo~t
westerly corner of Lot Two (2)~, Block Fifty (50); thence ,
southeasterly alonK the southwesterly tine of Lots One (1)
and Two (2) of Block Fifty (50) to the (south,~,e3b) most
southerly corner of Lot One (1); thence northeasterly a!o~r;
the southeast line of Lot One (1) to the (southeast) most
easterly corner of Lot One (1); thence southeasterly to the
most northerly corner of Lot Six (6), Dlock Fifty-one (51);
thence south%~esterly alonz tile northwesterly line of Lot Six
(6), Block Fifty-one (51) and the southwesterly extension of
said northwesterly line to the shore of Spr~nS Lake; th.~n~e
along the shore of Spring Lake in a northwesterly direction to
intersection with the southwesterly extension of the Nort?]wesberly
line of Lot Two (2), [!lock Fifty ['50); thenc,.~ ~]ortheasterly
along said Northwe.'~,ter].y line so extended to the place o7
beginning, all in the Town of Spring Lake accor~inl to th~.
plat thereof on file and of record in the office of the
Register of Deeds in and for Scott County, !~iinn.~:sota.
The Court having considered all the evidence aJJuced upc.: said
hearing and being advised in the p:'emis(~.s,
That the original plat of Sprin.~ Lake To~n was filed in the
office of the Register of Deeds of Scott County in 1957, but that
the strip or portion of land appearin~ on said plat which is desig-
nated thereon as "Reserve" was not in fact platted, and there is no
evidence of intent to dedicate same to the public use, and that it
never was dedicated to the public use; that the said platter of said
town plat retained title to said "Reserve" portion of said premises
as designated on said plat, free and clear of any riKht or easement
in favor of the public; that the Applicant herein acquired his title
to the portion of the "Reserve" herein involved in 195& from his
father John N. Hauser; that at the time of said acquisition of said
"ReserVe" by the Applicant there was'a house on said premises where
the Applicant subsequently built his present home; that the said
house on said premises when Applicant acquired s~me had been on
said premises since about 1912; that said house was known as the
Plumstad house and had been there situated for about 20 years before
the Applicant demolished' same and built his own ho~se on said site
in 1954-1955.
II.
That the Applicant and his ~,~rantor and predecessors in t;itle
have been, for more than 15 'years prior to the commencement ~f the
within proceeding, in actual, hostile, open, continuous and notorious
adverse possession of ali that part of the "Reserve" hereinb,;fore
referred to, and here.~n involved, as a part of the land herein sou~,~ht
to be registered by the Applicant.
II1.
That although ~he Fifth Street as same appears on the plat of
the Town of Spring La~.:e, was ].ai,~ out as a pa~'t of said plat in
]957, which plat was fi]ed in the Office of the Persister of D~eds of
Scott County in that ~'esr, s~ch F~fth Street has never been op~ned t~
travel, nor have any ~m~rovements be~n made thereon to make such
-3-
street suitable for ~,s:: a:~ a street; that the t.:.~r~'ain o£ s:~i~J street
is such that such street as designated on said plat is not at all
adaptable to street use and that the layih~out and opening of said
street for travel or for use as a street wo~ld be i~npracticable~and
extremely costly; that s~id street is not necessary for furnishin~
access to Spring Lake in that the Township of ']pring Lake and the
Gounty of Scott have provided public access ~o' Spring Lake at
Sixth Street, a few hundred feet away and that it appears that there
are many other places of public access around Sprimg Lake other than
the said Fifth Street.
IV.
That on l~larch 15, 1955, Emil Dvorak and wife, the then owners
of Lots 5 and 6 in Block 51, which is the property ad,~acent to the
east half of said Fifth Street, deeded all their interest in the
east half of said Fifth Street to the Applicant herein.
V.
That the Applicant is the owner of Lots 1 and 2, Block '50 upon
said recorded plat and that h_= is the owner thereof was conceded by
the Township of SprinM Lake and the County of Scott durin5 the trial.
of this action.
VI.
That a creek flows through the premises Flatted as aforesaid
and across Fifth Street between Blocks 50 and 51 and acros9 Lots
1 and 2 in Block 50, and across that part of the "i~eservc" owned by
the Applicant herein; that said stream, or body cC water, is conceded
by all parties to this action to be a navigable body of water.
VII.
That the Applicant has since his acquisition of said p~"opsrty
here sought to be regJster~d, made subsequent improvements u]oon said
premises including a hou;~e, which is constructed on the "P.e,;eryc" and
ext~3nds into Fifth St~.eet, if Fifth Street wer~ ex~ended, which house
is of the approximate value of .i',50,OOO.OO; that he hf~s erect.3d a
boat house on Fifth Street, if Fifth Street were exten_~=.d as indicated
on Applicant's ~.]xh.~bit ]~ filed herein; that he ha'.~ const, ruct~d a
bridge and roadway, which bridge is on Fifth Street and his private
road and driveway leave~ ~a!~e Street oH said plat ~nd runs oven said
Fifth Street; Applicant also has a fen,:e alon~ the so:~theasterly
side of Fifth Street adjoining Block 51 and he has constructed a
socalled shuffleboard court on Fifth Street, and has a patio in
front of his house extending on to Fifth Street, and numerous trees
and shrubs on Fifth Street.
VIII.
That should the Applicant be required to vacate the premises,
or any part thereof, whereon said house and improvements are located,
he would suffer substantial financial loss as a result thereof, and
be greatly prejudiced thereby.
IX.
That despite the ~act that t~ Applicant openly made the ~fore-
said improvements on said street at a very considerable expense to
himself, no member of the Town Board of Sprin~ Lake, or any member
of the public ever made any objection thereto; that no objection was
ever made to the occupancy and improvement of said premises ky the
Applicant until he commenced these proceedings for registration of
the title thereto.
X.
That in assuming dominion over the premises in question and in
making the improvements thereon as aforesaid, the Applicant has acted
with the utmost good faith and in the belief that the said Fifth Street
had been abandoned by the Town of Spring Lake, and by the County of
Scott.
XI.
That commencing with the year 195~, Applicant has been a~sessed
for the w.est half of Fifth Street and that since 1955 he has been
assessed for the entire area of Fifth Street between Blocks 50 m~d 5],
and that he has paid all taxes thus assessed.
-5-
WHEREUPON the Court finds as Conclusions of Law:
That that portion of the plat of the Town of Spring Lake as
hereinbefore referred tc and designated thereon as "Reserve" was
not in fact a dedication of that portion of the plat designated as
"Reserve" to the use of the public, but was in fact retained by
the platter of said plat.
Il.
That the title to that portion of said plat lying in the por-
tion designated as "Reserve", and here sought to he registered in
his name by Applicant, has been acquired by the Applicant through
adverse possession, arid that he is .the owner thereof in fee simple.
III.
That that portion of Fifth Street designated as such on said
plat and here sought to be registered in the name of Applicant,
has been abandoned as a street by the Town of Sprin~ Lake and by
the County of Scott, ~:innesota, and that said defendants are
estopped to assert any claims or rights with respect to said
Fifth Street.
IV.
That exclusive of the navigable stream traversin~ said plat
and the premises here sought to be registered, and the bed of said
stream, the Applicant is entitled to have registered in his name
in fee simple, the following described property:
Lots One (1) and Two (2), Block Fifty (50) in the Town of
Spring Lake and that t;art of Fifth Street and the beach de-
scribed as follows: Starting at the (northwesterly)most
westerly corner of Lot Two (2), Block Fifty (50); thence
southeasterly along the southwec;terly linc of Lots One (1)
and Two (2) of Block Fifty {50) to the(southwest) most
southerly corner of. Lot One (1); thence northeasterly alonF
the southeast line of Lot one (1} ~o the (.~;outhea~t) mo;t-
easterly corner of Lot One (1); thence southeasterly to the
most northerly corner of Lot Six (6), Block Fifty-one (51);
thence southwest~:rly alonz the northwesterly linc of Lot
Six (6), Block Fifty-one (51) an.~l the south{~esterly ext.~n-
sion of said north~.~ester]v line to the shore o£ Sprin5 Lake;
thence alon.~ the shore of' Sprin!I Lake in a northwesterl.'
direction to int,;rsection wiith the southwesterly extel%sion
of the Northwest,~r]}; line of I.ot Two (2), Block Fifty (50);
-6-
thence Northeasterly a]on~, said ;iorthw,;~t.~r!y .line so ext,:nde'l
to the place of beginning, ali in the Town of Spring Lake,
Scott County, Minnesota, according tothe plat thereof on File
and of record in the office of the Registsr of Deeds in and
for Scott County, l~:innesota.
LET JUDGemENT BE ENTERED ACCORDINGLY.
14emorandum hereto attached is made a part of this order.
Dated August 27th, 1963.
Stay of 20 days from the datehereof is hereby ordered.
D~s~rict Judge.
-7-
MEn, ORAN DUM:
The foregoing matter has had the careful consideration of the
Court. The court's conclusions with respect to that portion of the
premises designated as "Reserve" are based upon. and are amply sup-
ported by the evidence and the law, and the court will not further
discuss that phase of the case.
It is with respect to the question of abandonment of Fifth
Street that the court deems it desirable that it discuss briefly
the basis of its conclusions.
The court is not unmindful of the general rule that there can-
not be abandoment through mere non-user. Neither, however, should
there be too$1avish an adherence to the ~cient maxim, "Once a
highway, always a high~ay" which maxim it is now Eenerally~reed,
is subject to certain qualifications and exceptions. The general
rule with respect to abandonment of streets or highways is well
stated in the Oregon case of Dabney vs, Portland, 12~ Oregon
263 P. 386 as follows:
"Whatever may be the authori6ies elsewhere, it is well
establishgd in this jurisdiction that~ while title to
property held in trust for public use by a municipality
cannot be acquired by adverse possession, special cases
may arise where, in the in~erests of equity and justice,
a city may be estopped from asserting that the property
upon which the improvements were made is a.street ....
Where there has been lonf~-continued nonuser bva municl-
p~nd valuable and perm~ent i~provements have beer~ made
wish its consent or acquieucen~e~.n Eood faith, equi~l~ will
not permit the city to change its position to the mater~
~a~e of the P~r~on th~ mYSled.,~ (EmphaSis ~ppli~.dl)
That our supreme co'~rt has reco~ized the above stated rule
is clear from the court's opinion by Justice Julius Olson in the
case of City of Rochester vs. North Side Corporation, 211 ~inn.
276, 1 N,.W. (2nd~ 361, where it is stated:
"The prevailin~ rule is that-- 'an estoppel arises where
there is !onE=~°nbi'~,ued nonuser by the municipality, to-
.~~J~ ~h~pos~;es~~rivate parties in ~ood~ith
~ in the belief that its use am a street' llas beb~ 'h~,~z
~, ~nd' ~'he er~ct.~o~~'
~lthout ob~ tion~o~
le~..t~ere~ that to reclaim the l~nd'Wo~~IU in
~ote. ZO; ~1 G. ~. P~~~99 (Sec. 197; (h).
partlcul.arly the ~a~.es cit~d under note 6'). CC. 2 P6merov,
[{quity Jurisprudenco (& ed.) Sees. 818 and 82]."
( Emphasis supplierS. )
It should be observed that the l~[innesota court, in its fore-
going statement, does more than indicate that its view is in har-
mony with the general rule as enunciated by the Oregon court, but
it also sets out in detailed manner just what facts are essert]al
to invoke the rule, and which rule the applicant contends is here
applicable. The court indicates in the Rocheste:' case that:
First, long-continued nonuser is necessary.
Second, that there ,lust be possession by private parties.
Third, that such possession must be in good faith in the
belief that its use as a street has been abandcned.
Fourth, the party in possession must have made valuabl~
improvements on the premises.
Fifth, the municipality has made no objection to such improve-
ments while being made.
Sixth, to r~:c-l~-m the premises fromthe party in possession would
work great damage to the party in possession.
All of the fore~oing el_e_ments are present in the present case.
The"long-continued nonuser" in this case runs for approxima~ly
1OO years. The town site. plat here involved was made and filed in
1857, which is now 106 years ago. The dreams or hopes of the plat-
ters were never realized for no village or city was ever organized
or located on said town site. To use the language of the court in
the Rochester case, supra, the "street" here involved was all¢~ed its
"peaceful slumber" of approximately 100 years before the town board,
when the applicant started these proceedinEs, objected to its regis-
tration. The applicant has been in possession for a lon~ time and
is now in possession. He in good faith believed the street as laid
out in the original plat had been abandoned as a street. Neither
'the town nor the county, nor any member of the public made any ob-
jection to the erection o£ valuable improvements maJe by the appli-
cant on said premises, or with his t>ossessiou until these pro~eefl-
isms were ¢om.nenced. The applicant would sull'er substantial dana~es
if ho were r..~.quir~d to vacate the ?r~mi:;es in question.
-9-
In addition to the foregoing is the fact that since 1951~ and
1955 the said portion of 5th Street h~re involved has been assessed
for taxes and the applicant has paid all such taxes. This fact is
certainly entirely inconsistent with the claim of the Town that
said street is being maintained and should be maintained for
street purposes by the m~icipality.
Because of a somewhat analo2ous fact in the case at bar, the
court wishes to allude to the fact that in the Rochester vs. North
Side Corporation case, supra, the court there indicated that. it
became easier in that case to decide as it did, that is a2a]nst
the city, and to estop the city, because the city had laid out
another street immediately adjoining the street there in question
and which apparently served as an amfle substit"te for the street,
which street the defendant claimed had been abandoned.
In the present case the evidence ~ho,,~s conclus~ve~t the
terrain over which the said Fifth street is platted is such as to
make its opening and improvement for use as a street impracticable
because of the great inconvenience and the cost that such op~ning
and improvement would entail, and especially so in vim{ of the
fact that said ~th street is not at all necessary for acce,,~:~ to~
Spring Lake as there are other easily available and conveni~mt and
adequate means of access to said SprinK Lake for any and alk who
desire such access, includJnF, those that no;~ suddenly deem it nec-
essary token for travel and to use said 5th street as acc,~ss to
said Spring Lake.
A consideration oi.~.al~.-~h~foPe~oln~ facts and c~rcumstarmes,
. ~"~1; ,.(~. I . . .
in light of the czt~[~:d pre~.l?lg author~tzes, constrain:.; the
court to the conclu~,~l thH~ ',t~;~b ar~, obviously stron~ and persua-
sive equities in fa'~.~ ~f ~h~J~[~t here which comF~,'a holdin,~
Jn his favor. And ~,¢,~aU~.'o~ Justzce Olson zn ~ho courso of h~s
opinion in %he Roeh~t~ vs,.~ ~,.oz.~ o~d~ Oo~porat~.on ease, s~,pra:
"I~ estoppel ~s not ~])l:i~.t~e ~o a .state o[' ~acC~ such as
we have ~ere~ th~n sur~''t~aC eq~itable principle is not
of much value to property
U .C .C.
CITY OF
PRIOR LAKE, MINNESOTA
55372
RESOLUTION 77-25
A RESOLUTION VACATING A 30' x 150' STRIP OF ROADWAY IN SPRING LAKE
TOWNSITE, SCOTT COUNTY, MINNESOTA,
Motion by: Watklns
Seconded by: BI ssonett
WHEREAS, The City of Prior Lake received a petition da,ed August 22, 1977
to vacate a portion of Sixth Street, Spring Lake Townsite,
WHEREAS, the petitioner Gordon Gelhaye Is the owner of the land abutting
Sixth Street in the plat of Spring Lake Townslte, Scott County,
Minnesota.
WHEREAS, the City Council of Prior Lake conducted a public hearing
on September 9, 1977 a, 8:00PM In ,he Councll Chambers of
Prior Lake of which said hearing was published at least two
weeks prior to the hearing,
THEREFORE BE IT RESOLVED that the City Council of Prlor Lake hereby
vacates the following described roadway, The southeasterly 30 feet of
Slxth Street lying southwesterly of the southerly rlght-of-way of Lake
Street, Spring Lake Townsite, according to the records of Scott County,
Minnesota,
YES NO
Stock x Stock
Bissonett x Blssonett
Busse x ,, Busse
Oakes absent Oakes
Watkins x Watkins
Witness of my hand and the official seal of Prior Lake, Minnesota this
19th day of September, 1977.
MlChael X' HcGuiFe- ...... '
Clty Manager
THE CENTER OF LAKE COUNTRY
44&
CO~#?T Of I¢OTT
pRiOR L
VALE
MINUTES of the Proceedings of the Village Council of the Village of Prior Lake in the County of Sco~ and State of
Minnesota, including all accounts audited by said Council.
HINUTES
STORH SEWER
WATER STUDY
ISLAND VIEW
2ND ADDN.
GORDON
GELHAYE
VACAT 1 ON t
JOHN BJORK-
LUND SEWER
ALIGNNENT
September lg, 1977
The Common Council of the City of Prior Lake met In regular session on
September 19, 1977 at 7:30PM. Present were Mayor Stock, Councilmen
Bissonett, Busse and Watkins, City Manager McGulre, City Engineer Anderson,
Clty Planner Graser and Attorney Sullivan. Councilman Oakes was absent.
The followlng correction is be made to the minutes of September 12, 1977:
Page I, paragraph 5, line 4 should read, "...to Outlot A for Park Dedi-
cation, seconded by .... "
Councilman Watkin~ made a motion to approve the September 12, 1977
minutes as amended, seconded by Busse and upon a vote taken it was duly
passed.
The next subject up for discussion was the storm sewer water study. City
Engineer Anderson recommended that the study should be tabled for 3 weeks
upon completion of the DNR study.
Motion was made by Watkins to table the Storm Sewer Water Study until
October 11, 1977, seconded by Blssonett and upon a vote taken it was
duly passed.
City Planner Graser presented Island View 2nd Addition Plat Hardshelt
Approval to the Mayor and Council.
Mr. Denny McWilliams was present for the discussion.
Motion was made by Watklns to approve the Island View 2nd Addition
Subdivision contingent upon the memo dated September 19, 1977 from
Horst Graser to the City Council:
1) Roads are.to be 30' paved gutter to gutter and 24' paved gutter
to gutter through the narrows. They will be ? ton, 3 to 1 slopes;
2 to I rip-rap slopes in the narrows.
2) All Elm trees in the right-of-way will be removed.
3) Variances be granted to lots I and I0 up to a 25' variance
on the rear lakeside of the subject lots.
4) The City will extend sewer through RL5 36 thereafter It is the
developer's responsibility, The Sewer ejectors located on
lots 1,2,and 3 shall be on private property and the force mains
shall terminate at a manhold located in the public right-of-way.
5) Developer will agree to extend 6" watermain to the westerly
property line of the plat. City will pay for two water services
to RLS 36, If necessary. Developer will cross the channel at
his own expense.
6) The Park Dedication fee will be $5,000.00;
seconded by Busse"and upon a vote taken It was duly passed,
At 8PM, Mayor Stock called the Public Hearing to order for the Gordon
Ge lhaye vacation of property. Mayor Stock read the public notice.
Clty Planner Graser presented the Gordon Ge lhaye vacation and recommended
to vacate the property but retain and maintain 30' for public access,
Motion was made by Watklns to pass a resolution to vacate the parcel as
described by the legal description, seconded by Blssonett and upon a vote
taken It was duly passed,
Mayor Stock adjourned the public hearing at 8:1OPM.
Mr, John Bjorklund was present for the discussion of the sewer alignment
on lot 12, Northwood.
-1-
~ES of the Proceedings of the Village Council of the Village of Prior Lake in the County of Scott and State of
Minnesota, including all accounts audited by said Council.
78 OPERATING
UDGET
llSDEHEANOR
· OHPLAINT$ ON
NDIAN RESERV.
~IDDEN OAKS
ATCHING
)AKWOOD HILLS
IORTH PRIOR
OVE AVE. PAV.
T. PAUL AVE.
'AVING
tAROLD WATZL
~ROPERTY
~ORDY GELHAYE
~IXTH ST.
/ACATION
~ESIGNATION
r. OUIS JAMBOIS
]ONSTRUCTION
~1~ HWY ?17
At 9PM Mayor Stock called the Public Hearing on the 1978 Operating Budget
to order.
Mayor Stock read the published notice.
Financial Director MacGIIlivray was present to explain to the Mayor and
City Council the 1975 operating budget.
The public hearing was adjourned at 9:15PM.
A letter from Attorney Glenn Kessel was presented before the Mayor and Council
concerning the prosecution of misdemeanor complaints on the Indian Reservation.
It is a matter of record that the City of Prior Lake opposes the County's
position that the City of Prior Lake should prosecute the misdemeanor
complaints on the Indian Reservation.
Motion was made by Busse to oppose the County of the jurisdiction of
prosecuting the misdemeanor complaints on the Indian Reservation, seconded
by Bissonett and upon a vote taken it was duly passed.
the o( patching
City Engineer Anderson was present to ~iscuss_. cost
Motion was made by Bissonett to award Prior Lake Blacktop Company the
patching for $35/ton,[seconded by Cakes and upon a vote taken it was duly
passed.
Motion was made by Bissonett to award Prior Lake Blacktop Company paving
for $14/ton,~seconded by Busse and upon a vote taken it was duly passed.
Motion was made by Busse to schedule a public hearing on September 12, 1977
at 9PM for the paving of St. Paul Avenue, seconded by Cakes and upon a vote
taken it was duly passed.
Motion was made by Busse to authorize Orr-Schelen-Mayeron to do a feasibility
study on the paving of St. Paul Avenue, seconded by Oakes and upon a vote
taken it was duly passed.
Motion was made by Bissonett to authorize the City Manager to negotiate with
the Harold Watzl's for their property up to a maximum of $55,000.00, seconded
by Busse and upon a vote taken it was duly passed.
A petition was presented from Gordon Gelhaye to vacate a portion of
Sixth Street.
Motion was made by Cakes to schedule a Public hearing on September 19, 1977
at 8PM for the vacation of a portion of Sixth Street legally described
as; The southeasterly 30 feet of Sixth Street, lying south of the southerly
right-of-way of Lake Street, Spring Lake Townsite, seconded by Busse and
upon a vote taken it was duly passed.
Motion was made by Oakes to accept with regrets the resignation of
Mr. Louis F. Jambois, Park Director, ef(ective September 5, 1977,
seconded by Blssonett and upon a vote taken it was duly passed.
The Mayor and Council tabled the subject of preparing a resolution supporting
the c~n~truction of U~ Hiahwav 212 until September 6. 1977.
CITY OF PRIOR LAKE
RES(~UTION 88-13
RESOLUTION PRC~TIDING FOR THE VACATION OF RESERVE (I)NTAINED
WITHIN PAR~ OF THE PLAT OF SPRING LAKE TG~gSiTE.
M~TION BY LARSON SECORDED BY ~ITE
WHEREAS, the City Council of Prior Lake on its own motion, endeavors
vacate part of the following described Reserve.
to
LEGAL DESCRIPTION
That part of the Reserve lying between the Southeasterly line of
Lot 4, Block 51, extended to Spring Lake and the Northwesterly
line extended Southerly of Lot 4, Block 51, to Spring Lake.
Also that part of said Reserve adjacent to Block 47, of said plat
lying Northwesterly of the Southwesterly extension of the
Northwesterly line of Eighth Street in said plat and lying
Easterly of the Southerly extension of the Easterly line of Tenth
Street in said plat.
Also all that part of said Reserve adjacent to Blocks 48 and 49,
of said plat lying Southeasterly of the Southwesterly extension of
the Northwesterly line of said Block 48; and Northwesterly of the
Southwesterly extension of the Northwesterly line of Sixth Street
in said plat. EXCEPTING therefrom that part of said Reserve
contained within the Southwesterly extension of the Northwesterly
and .Southeasterly lines of Seventh Street in said Plat.
WHEREAS, notice of the hearing on said Motion to Vacate has been duly
published and posted in accordance with the applicable Minnesota
Statutes; and
(612) 447-4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372
WHE~, the City Council then proceeded to hear all persons interested in
said Motion to Vacate and persons interested afforded the
opportunity to present their views and objections to the granting
of said vacation.
~%IEREAS, the City Council of Prior Lake has determined that the vacation of
said RESERVE would be in the public interest.
WHEREAS, all of the above property is considered to be Abstract or
unregistered property.
NGW THEREFORE BE IT RESC~ BY THE MAYOR AND CITY (DUNCe. OF PRIOR IAKE,
MINNESOTA, that pursuant to Minnesota Statutes 412.851, the above legally
described RESERFE and ~A~ situated in the City of Prior Lake, Scott
County, Minnesota is hereby vacated.
BE IT FUEi~ RESOLVfD that this R~solution will be forwarded to the Office
of the County Recorder, Scott County, for appropriate action.
Passed and adopted this !6.th day of February., 1988.
NO
{Seal}
Andren X
Fitzgerald Absent...
Larson ~
Scott X
White ~
Andren
Fitzgerald Abse~
Larson
Scott
~vid J. ur~acht
City Manager
City of Prior Lake
CITY OF PRIOR LAKE
MINUTES OF THE CITY COUNCIL
February 16, 1988
The Common Council of the City of Prior Lake met in regular session on Tuesday,
February 16, 1988 at 7..30 p.m. in the City Council Chambers. Present were Mayor
Andren, Councilm~rs Larson, White, City Manager Dave Urm~acht, City Engineer
Anderson, Assistant City Manager/Economic Develolm~nt Director Schmudlach, and
Assistant City Planner Garross.
Council~-~mber Fitzgerald was on vacation.
Mayor Andren called the meeting to order and asked everyone to rise for the
pledge of allegiance.
The minutes of the February 1, 1988 meeting were reviewed by Council.
Councilm~mber White questioned a sentence on page 4, paragraph 14. ~cording
Secretary Birch was directed to listen to'the recording to verify the wording of
the sentence. The following is noted for the record.. John Fitzgerald: "We need
to direct staff to secure appraisals on the Keenan parcel and probably the B & D
parcel and enter into negotiations with'Mr. Keenan if he wants to talk to
anybody about it." (7~nis sentence is verbatim as stated by Councilmember
Fitzgerald)
MOTION MADE BY LARS~, SECONDfD BY SOO~T , TO APPROVE ~ MINUTES AS SUBMIt.
Upon a vote taken, ayes by' Andren, Larson,
unanimously.
and White, the motion passed
Councilm~mber Scott arrived at 7.'34 p.m.
The next order of b~siness was consideration of the Consent Agenda as follows.-
a. Invoices to be Paid
b. Building Permit Report for January
c. Dog Catcher's Report for January
d. Approve Contingency Expense for Office Move
e. Approve Building Inspector ' s Agreement Between Prior Lake/City of
Savage
f. Approve Expansion of Watershed District Boundaries
Update on Regional Transit Board Opt Out Study
Approve Resolution 88-13 Reserve Vacation in Spring Lake Townsite
(City Manager noted that on the Agenda and Agenda R~port the Consent Agenda
Item's alphabetical listing was incorrect) - The above listing is n~ correct.
(612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372
CITY OF PRIOR LAKE
AGEt~DA ITEM:
R~QUESTED BY:
SUBJECT:
DATE:
3(i)
DEB GARROSS, ASSISTANT CITY PLANNER
RESQL~ION 87-67 PROVIDING FOR ~HE VACATION
OF RESERVE ADJACENT TO ABSTRACT PROPERI~ IN
THE PLAT OF SPRING LAKE TC[.VNSITE
FEBRUARY 16, 1988
On December 21, 1987, the City Council approved amended
Resolution 87-67 which vacated part of the Reserve within the
Plat of Spring Lake Townsite. The amended Resolution was
subsequently forwarded to Scott County to be recorded. The
Recorder ' s Office has notified the City that Amended
Resolution 87-67 cannot be recorded as written because the
vacation site is adjacent to both torrens and abstract
properties. The County Recorder is not able to file doc~ents
adjacent to torrens property because all such matters are
under the supervision of the District Court.
A meeting was held on January 29, 1988 to discuss this issue
and the procedures which should be followed so that future
vacation and filing proceedings may occur in an orderly
manner. The City Attorney and planning staff met with the
County Recorder and Torrens Examiner to discuss these issues.
With regard to the reserve vacation, the City was advised to
redraft, a Resolution which specifically describes the areas
adjacent to abstract property. This doc~nent is attached.
The purpose of this doc~ent is to record the vacation area
in terms of abstract property. The individuals owning
torrens property will have to petition the Court to expand
their title. The City will provide them with a certified copy
of Amended Resolution 87-67 which will serve as evidence that
the Reserve was indeed vacated on December 21, 1987.
Future vacation petitions will be handled differently. City
staff will research proposed vacation sites and adjacent land
to determine whether the site contains torrens or abstract
property. The petitioner will then be required to provide
legal descriptions corresponding to abstract property. The
City Council will likely be requested to pass a resolution
vacating a specific area. In addition, staff would request
authorization from the Council to prepare the descriptions
(612) 447.4230 4629 DAKOTA STREET S.E. P.O, BOX 359 PRIOR LAKE, MINNESOTA 55372
necessary to record the appropriate documents with Scott
County. The procedure change is much more cumbersome and
will require additional staff time and paperwork to ccmplete.
However, the consensus from the meeting held with Scott
County officials was that this procedure is necessary in
order to maintain the integrity of the torrens system. City
Staff will be monitoring the time spent on these vacation
petitions. Staff may request the Council to reexamine the
fee for this item if the tin~ requirements increase greatly.
RfDUIRfD ACTION:
The requested action frcm staff is to approve the attached
document, Resolution 88-13, for recording purposes. The City
Council has approved the reserve vacation according to
Amended Resolution 87-67. The attached doc~ent simply
separates the vacation site, in terms of abstract property,
so that it is possible to record the document.
CITY OF PRIOR LAKE
AMESDED l~I~ 87-67
RESOLUTION PROVIDING FOR ~S~E VACATION OF RESERVE
CONTAINfD WITHIN ~AT PAR2 OF ~E PLAT OF SPRING LAKE TO~qSITE
SECONDED BY FITZGERALD
WHEREAS, the City Council of Prior Lake, on its cwn motion, endeavors to vacate
the following described RESERVE situated in the City of Prior Lake,
Scott County, Minnesota to wit:
DESCRIPTION:
A request to vacate all that part of the area shown as RESERVE ON THE
PLAT OF SPRING IAKE TGNIqSITE, Scott County, Minnesota lying westerly of
the southerly extension of the westerl~ line of Eleventh Street and
southerly of a line drawn from the southeasterly corner of Block 45, of
said plat westerly to the southwesterly comer of Block 43, of said
plat.
Also all that part of said reserve adjacent roB lock 46, of said plat
lying westerly of the southerly extension of the westerly line of Tenth
Street in said plat and lying easterly of the southerly extension of
the easterly line of Eleventh Street in. said plat.
Also all that part of said reserve adjacent to Block 47, of said plat
lying northwesterly of the southwesterly extension of the northwesterly
line of Eighth Street in said plat and lying easterly of the southerly
extension of the easterly line of Tenth Street in said plat.
Also all that par~ of said reserve adjacent to Blocks 48 and 49, of
said plat lying southeasterly of the southwesterly extension of the
northwesterly line of said Block 48; and northwesterly of the
southwesterly extension of the northwesterly line of Sixth Street in
said plat.
Excepting therefrom that part of said reserve contained within the
southwesterly extension of the northwesterly and southeasterly lines of
Seventh Street in said Plat.
AndAlso all that part of said reserve adjacent to Blocks 50 and 51 of
said plat lying southeasterly of the southwesterly extension of the
northwesterly line of said Block 50; and northwesterly of the
southwesterly extension of the northwesterly line of Fourth Street in
said plat.
Excepting therefrom that part of said reserve contained within the
southwesterly extension of the northwesterly and southeasterly lines of
Fifth Street in said Plat.
(612) 447-4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372
WHEREAS, notice of the hearing on said Motion to Vacate has been duly published
and posted in accordance with the applicable Minnesota Statutes; and
WHEREAS, a public hearing was held on said Motion to Vacate on Monday, November
16, 1987 at 7:40 p.m. in the Prior Lake City Council Chambers; and
WHEREAS, it has been determined that the legal description of the vacation site
was in error and included a larger area than was intended to be
vacated; and
WHEREAS, a corrected legal description has been prepared; and
WHEREAS, a public hearing was held on Monday, December 21, 1987 at 8:15 p.m. to
amend the legal description to exclude parts of the RESERVE adjacent to
platted right of way; and
WHEREAS, notice of the hearing on said amendment has been duly published and
posted in accordance with the applicable Minnesota Statutes; and
WHEREAS, the City Council then proceeded to hear all persons interested in said
Motion to Vacate and said amendment and persons interested afforded the
opportunity to present their views and objections to the granting of
said vacation; and
WHEREAS, the City Council of Prior Lake has determined that the vacation of said
RESERVE as amended, would be in the public interest.
NCWTHEREFORE BE IT RESOLVfDBYTHE MAYOR AND CITY OOUNCIL OF PRIOR LAKE, that
pursuant to Minnesota Statutes 412.851, the above legally described
RESERVE as amended, situated in the City of Prior Lake, Scott County,
~iinnesota is hereby vacated.
BE IT FURTHER RESC~ that this Resolution will be forwarded to the Office of
the County Recorder, Scott County, for appropriate action.
Passed and adopted this ~lst day of December, 1987.
Andren X
Fitzgerald __X__
Larson X
Scott X
White __X__
{Seal}
Andren
Fitzgerald
Larson
Scott
White
DaY .d J. Unmacht
Cit Manager
City of Prior Lake
December 21, 1987
F~)TION ~tADE BY LARSON, SECONDP./) BY WHI~I~, TO f~JJOURN THE PUBLIC HEARING.
[~oon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the
motion passed unanimously.
A short recess was called.
The meeting reconvened at 8:26 p.m.
The next order of business was a Public Hearing on Amended Resolution 87-67 for
a P~serve Vacation. The Public Hearing was called to order at 8:26 p.m. and
Mayor Andren read the legal notice as it appeared in the Prior ~ake ~nerican on
December 7, and December 14. Assistant City Planner Garross presenta~ an
overhead of the area and outlined the details pertaining to the vacation. A
question was raised by Attorney Norbert Traxler as to whether or not the City
had an interest in the area proposed to be vacated. Extensive discussion
followed.
MOTION MADE BY ~glTE, SECO~DED BY LARSON, THAT COUNCIL TABLE THE ISSUE FOR AN
INDEFINITE PERIOD OF TI~ IN ORDER TO OBTAIN MORE INFORMATION, AND WITH THE
TABLING OF AMENDED RESCLUTION 87-67 THAT THE PREVIOUSLY PASSfD RESCLUTION BE
SUSPENDED UNTIL A DECISION HAS BErN CLARIFIED.
Discussion followed.
Upon a vote taken, ayes by Andren, White, nays by Larson, Fitzgerald, and Scott,
motion did not carry.
MOTION MADE BY LARSGN, SECONDED BY FITZGERALD, TO ADOPT A~5~gDED RESfLUTION
87-67.
Discussion followed.
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the
motion passed unanimously.
The next order of business was the continuation of the McWillies-On-The-Lake
Liquor License Issue. City 5~nager Unmacht reviewed the details of the past
hearing and discussed the Administrative Law Judge, Peter C. Erickson's, Finding
of Fact and noted that the written argument from ~Willie's Legal
Representative, Norbert Traxler, had been received by Assistant City Attorney,
Caryn Brenner and by the Prior Lake City Council. Assistant City Attorney
Brenner clarified several points in question for the Councilmembers. Discussion
followed.
MOTION ~.~DE BY FITZGERALD, SECONDED BY SCOt'P, TO DENY A~fORNEY TRAXLER'S R~UEST
TO REFER THE MAT~ER BACK TO THE ADMINISTRATIVE LAW JtDGE FOR FURTHER FINDING.
[~0on a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the
~)tion passed unanimously.
Discussion followed as to whether or not to allow Attorney Traxler to present
oral arguments. ;~sistant City Attorney offered an opinion on the procedures as
3
SPRING
EL 910 7
5/ f / 91
LAKE
Nc, st E 'ly COt
Bloct~ 49
GARAC~
0
%-
_ %
x,
'X
x.
,9 30 6 0
'oCAL£ lt'~ FEET
L)er~otes ~ron monument found.
)Denotes I/2 inctt x t4 inch iron monument
set ~ mqrked by L;cense NO 1018~
Scott County Page 1 of 2
2933 SPRING LAKE RD SW PRIOR LAKE MN 55372
2913
2923
2949
Property Information
Parcel XD Number: 251330890 Deeded Arces:
Property Address: 2933 SPRING LAKE RD SW Owner:
PRIOR LAKE MN 55372 Owner Address:
Taxing District: PRIOR LAKE CITY
Taxing District Code: 2001
Township/City Code: 25 Taxpayer:
School District: 719 Taxpayer Address:
Zoning: City
Lot: 6 Block: 50 Taxpayer:
PLAT-25133 SPRING LAKE
Plat Description: TOWNSITE Taxpayer Address:
GZS Acres: 0.43
0
RANDY D 8~ PATRICE L
SIMPSON
2933 SPRING LAKE RD SW
PRIOR LAKE, 55372
RANDY D & PATRICE L
SIMPSON
2933 SPRING LAKE RD SW
PRIOR LAKE, r4N 55372
RANDY D I~ PATRICE L
SIMPSON
2933 SPRING LAKE RD SW!
PRIOR LAKE, MN 55372
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Scott County Page 2 of 2
Legal Description:
E 5' OF 1-49 W 28' OF 5 & P/O VACATED ST
Property Value
Land: $ 190000
Building: $140400
Green Acres: $ 0
Total: $ 330400
Tax Information
Net Taxes: $ 0
Special Assessments: $ 0
Net Tax plus Special
Assessments: $ 0
Outstanding Special
Assessments: $ 0
First half payment: $ 0
Second half payment: $ 0
Building Characteristics
Model Type: RES
Year Built: 1969
Architectural Style: RAMBLER
Foundation Size (Sq 1530
Ft):
Garage Size (Sq Ft):
Bedrooms: 2
Bathrooms: 2
Complex Property:
Latest Sales Information
Sale Date: 10/01/1990
Sale Price: $ 119000
Homestead Status:
~ Homestead Classification:
Exempt Status:
Green Acres:
, Ag Preserve:
Y
RESIDENTIAL
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STATE OF MINNESOTA
COUNTY OF SCOTT
JUN 0 8 1993
BO) I' COUNTY (X)URTB
In the Matter of the Application of
Marie Gelhaye, Original Applicant,
and Randy D. Simpson and Patrice L.
Simpson, Cross-Applicants,
To Register Title to Certain Land
DISTRICT COURT
FIRST JUDICIAL DISTRICT
Court File No. 92-04946
ORDER AND DEC~E oF
REGISTRATION
The above-entitled matter came on for hearing on the 8th day
of Jun. ...... , 1993, at the Scott County Courthouse, City of
Shakopee, County of Scott, State of Minnesota, before the
undersigned Judge of the Scott County District Court, and the Court
having duly considered the application, the Report of Examiner, the
Report of Surveyor, the evidence adduced by the applicants, along
with all the files and proceedings herein, and being fully advised
in the premises, finds that all the allegations and statements
contained in the application and in the cross-application herein
are true and correct and further finds as follows:
1. That the real property identified in the application and
cross-application and owned by Randy D. Simpson and Patrice L.
Simpson, husband and wife, as joint tenants, has a total value of
$102.00, exclusive of improvements, according to the last official
assessment.
2. That all the requirements of the law in respect to the
application, the cross-application and any amendments thereto, if
any, have been complied with, and that all the defendants in this
proceeding have been duly served with process as required by law or
have consented to the registration herein, and it further appears
that no defendant has answered or appeared in this proceeding.
3. That, except as hereinafter provided, none of the
defendants named in the Land Title Summons, have any right, title,
lien, estate or interest in the real property which is the subject
of this proceeding.
4. That the co-applicants and their immediate grantors and
predecessors in title have been in actual, hostile, open,
continuous, notorious and adverse possession of all the land
involved in this proceeding, including that part of said land
formerly known as the reserve, for more than 15 years prior to the
commencement of this action and have paid taxes thereon.
5. That the application as originally filed herein had Marie
Gelhaye as the original applicant. Marie Gelhaye subsequently sold
the subject property to Randy D. Simpson and Patrice L. Simpson,
husband and wife, as joint tenants. Randy D. Simpson and Patrice
L. Simpson, husband and wife, filed a Cross-application with the
Scott County Court Administrator's Office, said cross-application
is dated July 15, 1992.
6. That the premises hereinafter described are vested in the
Cross-applicants, Randy D. Simpson and Patrice L. Simpson, husband
and wife, as joint tenants. That the subject premises is the
homestead of the Cross-applicants and is occupied by the Cross-
applicants.
?. That C.A. Darlington, A.B. Jones, Howard Copeland, and
H.C. Cooper were recommended as defendants in this action, but they
cannot be found and their whereabouts are unknown. They have been
served by publication.
8. That the State of Minnesota Was recommended as a defendant
in this matter, and the State of Minnesota was personally served
with a Land Title Summons. The State of Minnesota did not submit
an Answer in this proceeding, however, the Cross-applicants and the
State of Minnesota did agree that the following language would be
made a part of the decree issued in this matter:
Subject to the proprietary and sovereign rights of the
State of Minnesota in all that portion of the land lying
below the natural ordinary high watermark thereof; not
intending, however, to deprive the fee owners of the
usual riparian rights that attach to the land riparian to
a navigable public body of water incident to the
ownership thereof.
NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS
FOLLOWS:
1. That a default as to each defendant named in the Summons
and all heirs and devisees of any of tha persons named therein who
are deceased and all other persons or parties unknown claiming any
right, title, estate, lien or interest in the real estate
hereinafter described is hereby entered in the above entitled
action.
2. That Randy D. Simpson and Patrice L. simpson, husband and
wife, whose post office address is 2933 Spring Lake Road, Prior
Lake, Minnesota 55372, are the owners of an estate in fee simple
as joint tenants in land in the county of scott, State of
Minnesota, described as follows:
3
The Southeasterly 5.00 feet of Lot 1, Block 49, plat of
Spring Lake Townsite, and that part of the vacated
Reserve in said plat lying southeasterly of the
southwesterly extension of the northwesterly line of said
southeasterly 5.00 feet and lying northwesterly of the
southwesterly extension of the northwesterly line of
Sixth Street in said plat.
TRACT B:
That part of Sixth Street as shown in the plat of Spring
Lake Townsite, and that part of the Reserve shown on said
plat described as follows:
Beginning at the most northerly corner of Block 50, in
said plat; thence northwesterly along a line drawn to the
most easterly corner of Block 49, of said plat a distance
of 30.00 feet to the centerline of said Sixth Street;
thence southwesterly along said centerline and its
southwesterly extension a distance of 253 feet more or
less to the shoreline of Spring Lake; thence
southeasterly along said shoreline to its intersection
with the southwesterly extension of the southeasterly
line of the northwesterly 28.00 feet of Lot 5, Block 50
of said plat; thence northeasterly along said
southwesterly extension to the southwesterly line of said
Block 50; thence northwesterly along said southwesterly
line to the most westerly corner of said Block 50; thence
northeasterly along the northwesterly line of said Block
50, to the point of beginning.
3. That said above identified interest in the land be brought
under the provisions and operations of Chapter 508, Minnesota
Statutes, and all acts amendatory thereof, and that the title of
said Cross-Applicants to the land herein, be confirmed and
registered as provided in and by said act; SU~/ECT, HOWEVER, TOT HE
FOIJ.,OWING:
a) To any rights or encumbrances which may be
subsisting, specified in Section 508.25, Chapter 508,
Minnesota statutes, and all acts amendatory thereof.
b) To the proprietary and sovereign rights of the
State of Minnesota in all that portion of the land lying
4
below the natural ordinary high watermark thereof; not
intending, however, to deprive the fee owners of the
usual riparian rights that attach to the land riparian
to a navigable public body of water incident to the
ownership thereof.
c) To~La~rtgage in favor of GMAC Mortgage
CorporationAdated November 24, 1992 and filed January
14, 1993 in the office of the Scott County Recorder as
Document 307707 and in the Scott County Registrar of
4. That Randy D. Simpson is 31 years of age and is under no
disability and is married to Patrice L. Simpson. That Patrice L.
Simpson is 30 years of age and is under no disability.
Da~ed at Shakopee, Minnesota
at
5. This order shall be entered forthwith.
Ju~'ge Of Distric~Cdurt
Decree entered this ~ 'day of t~ , 1993,
BY:
Deputy
Scott Court'),, U~,~.
ords Search Results Page 1 of 2
Document Information
Document Number' A297974
Document Verified:
Date Recorded:
Time Recorded:
Instrument:
Date of Instrument:
Grantor 1:
Grantor 2:
Grantee 1:
Grantee 2:
Comments:
Book:
Page:
V
06/30/1992
09:00:00 AM
QCD - QUIT CLAIM DEED
06/01/1992
HERZOG WILLIAM
GELHAYE MARIE
SIMPSON RANDY D
SIMPSON PATRICE L
CONSIDERATION: VALU
Certificate Number: 0
Deed Tax Amount:
Mortgage Amount'
Reference(s)'
0.00
0.00
A297973
A297975
Legal Description
Plat Description: SPRING LAKE TOWNSITE
Plat Number: 25133
Lot: 1
Block: 49
Other Lot: P/O
Section: 0
Township: 0
Range: 0
QQQQ:
QQQ:
QQ:
Q:
Parcel ID: 251330890
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.ords Search Results Page 1 of 2
Document Information
Document Number: A299433
Document Verified:
Date Recorded:
Time Recorded:
Instrument:
Date of Instrument:
Grantor 1:
Grantor 2:
Grantee 1:
Grantee 2:
Comments:
Book:
Page:
Certificate Number: 0
Deed Tax Amount:
Mortgage Amount:
Reference(s):
V
07/30/1992
01:50:00 PM
ARL - APPLICATION REGISTER LAND
07/15/1992
GELHAYE MARIE
SIMPSON RANDY D
SIMPSON PATRICE L
DISTRICT COURT JUDGE
0.00
0,00
Legal Description
Other Legal Descriptions
Plat Description: SPRING LAKE TOWNSITE
Plat Number: 25133
Lot: 5
Block: 50
Other Lot: P/O
Section: 0
Township: 0
Range: 0
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ords Search Results Page 2 of 2
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QQQ:
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Comments:
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DEED OF EASEMENT
STATE DEED TAX DUE HEREON: None
DATE: July 27, 1993.
FOR VALUABLE CONSIDERATION, RANDY D. SIMPSON and PATRICE L.
SIMPSON, husband and wife, hereby convey and quitclaim to the
CITY OF PRIOR LAKE, a political subdivision of the State of
Minnesota, a perpetual easement for public road, utility and lake
access purposes over, across, under and upon real property in
Scott County, Minnesota, described as follows:
The Southeasterly 5.00 feet of Lot 1, Block 49, plat of
Spring Lake Townsite, and that part of the vacated Reserve in
said plat lying southeasterly of the southwesterly extension
of the northwesterly line of said southeasterly 5.00~feet and
lying northwesterly of the southwesterly extensiogY'~f the
northwesterly line of Sixth Street~,-c~-~id plat//
~ATKICE L. i~MPSON
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The fo~e~ging instrument was acknowledged before me this
<D~day of ~"1993, by RANDY D. SIMPSON, husband of Patrice L.
Simpson.
STATE OF
)Ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this~
day of July, 1993, by PATRICE L. SIMPSON, ~fe of Rand_~y D.
Notary~blic
ACCEPTANCE OF EASEMENT
The undersigned hereby accepts the conveyance of the
foregoing ~asement fqr public road, utility and drainage purposes
on this ~' day of~, 1993.
STATE OF MINNESOTA)
)SS.
COUNTY OF SCOTT )
CITY OF PRIOR LAKE
The foregoing instrument was acknowledged before me this ~"~
the Mayor~and City Mana~ 6f-th~-~Clty bf Pri6r Lake, e/political
subdivision of the State of Minnesota, on its behalf.
Notary Public ~ / '
This instrument was drafted by:
HUEMOEL!.ER & BATES
ATTORNEYS AT LAW
1.6670 FRANKLIN TRAIL
PRIOR LAKE, MN. 55372
Tre~er enter~
thl~ _ ., .~-
(.~ounty
Deputy
-2-
Records Search Results Page 1 of 1
Other Legal Descriptions for Document T66078
Plat Description:
Plat Number:
Lot:
Block:
Other Lot:
Section: 0
Township: 0
Range: 0
QQQQ:
QQQ:
QQ:
Q:
Parcel ID:
Comments: P/O
SPRING LAKE TOWNSITE
25133
1
49
Plat Description:
Plat Number:
Lot:
Block:
Other Lot: RES
Section: 0
Township: 0
Range: 0
QQQQ:
QQQ:
QQ:
Q:
Parcel ID:
Comments: P/O
SPRING LAKE TOWNSITE
25133
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