HomeMy WebLinkAbout5K Postle Property 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: SEPTEMBER 17, 2018
AGENDA #: 5K
PREPARED BY: SARAH SCHWARZHOFF, CITY ATTORNEY
PRESENTED BY: SARAH SCHWARZHOFF
AGENDA ITEM:
CONSIDER APPROVAL OF A RESOLUTION APPROVING A STIPULATION
WITH RESPECT TO REGISTRATION OF THE POSTLE PROPERTY
GOAL AREA AND
OBJECTIVE:
Environmental Stewardship & Recreation
2. Protect and enhance the quality of Prior Lake’s surface waters.
DISCUSSION: Introduction
The City was served with a petition on behalf of Roman Postle and Cory Goracke-
Postle (“Postles”) to register their property located at 4322 Bass Street, Prior Lake,
MN which is located in the development known as Sunfish Bay (“Property”). The
Postles filed the registration to clear title to the Property and to claim sole
ownership to the “waterfront” between the platted lot and the lake.
When served with a property registration the City’s general practice has been to
review the petition and Examiner’s Report to determine if the City has any interest
in the property. These interests can range from easements to roads to any other
interest in real property. If the City has no interest in the property, the City need
not answer the petition. If the City does have an interest it either answers the
petition or negotiates a settlement with the petitioners to protect that interest.
ISSUES:
Current Circumstances
In this case, the City takes no position as to the ownership or use of the waterfront.
However, the City is the beneficiary of easements over the Property for utility
purposes. The City Attorney has worked with the Postles to reach an agreement in
which the City will not answer the petition and the Postles agree to preserve the
easements benefiting the City. The attached Stipulation sets forth the terms of the
agreement.
The petition for registration was also served on all other interested parties so that
they may defend any interests they may have in the Property such as an interest
in the waterfront.
The city’s response should be perceived as neutral by the property owners of the
area as we are not stating any position with respect to joint or singular ownership
of the “waterfront” between platted lots and the lake.
FINANCIAL
IMPACT:
Staff and City Attorney costs in reviewing and responding to the petition, no
additional financial outlay.
ALTERNATIVES: 1. Motion and second as part of the consent agenda to adopt a resolution
approving a stipulation with respect to the registration of the Postle property.
2. Motion and a second remove this item from the consent agenda for additional
discussion.
RECOMMENDED
MOTION:
Alternative #1
ATTACHMENTS 1. Resolution
2. Stipulation
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 18-___
A RESOLUTION APPROVING A STIPULATION WITH RESPECT TO
REGISTRATION OF THE POSTLE PROPERTY
Motion By: Second By:
WHEREAS, the City of Prior Lake (“City”) was served with a petition on behalf of
Roman Postle and Cory Goracke-Postle (“Postles”) to register their property located at 4322
Bass Street, Prior Lake, MN which is located in the development known as Sunfish Bay
(“Property”).
WHEREAS, the Postles filed the registration to clear title to the Property and to claim
sole ownership to the “waterfront” between the platted lot and the lake. The City takes no
position as to the ownership or use of the waterfront.
WHEREAS, the City is the beneficiary of easements over the Property for utility
purposes.
WHEREAS, the Postles have agreed to preserve the easements benefiting the City in
exchange for the City not objecting to the registration. The attached Stipulation sets forth the
terms of the agreement.
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 Council approves the stipulation relating to the Postle’s registration of the property and
authorizes the City Attorney to execute the Stipulation.
Passed and adopted by the Prior Lake City Council this 17th day of September, 2018
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
_____________________________
Frank Boyles, City Manager
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STATE OF MINNESOTA DISTRICT COURT
COUNTY OF SCOTT FIRST JUDICIAL DISTRICT
CASE TYPE: OTHER CIVIL – TORRENS
In the Matter of the Application of
Roman Postle and Cory
Goracke-Postle, as joint tenants,
To Register Title to Certain Land
Court File No.: 70-CV-18-197
STIPULATION BETWEEN ROMAN
POSTLE AND CORY GORACKE-
POSTLE, AND DEFENDANT CITY OF
PRIOR LAKE, MINNESOTA
AND JUDGMENT
TO: THE ABOVE-NAMED COURT:
Roman Postle and Cory Goracke-Postle (“Applicants”) and Defendant City of Prior Lake,
Minnesota (the “City”) (collectively, the “Parties”), through their undersigned attorneys, hereby
agree and stipulate in the above-titled matter as follows:
RECITALS
WHEREAS, this action involves the registration in Torrens of real property located at
4322 Bass Street SE, Prior Lake, Minnesota 55372 and legally described as follows:
Lots 2 and 3 and the East 15.00 feet of Lot 4, Sunfish Bay, Scott County, Minnesota,
together with that part of the Waterfront dedicated on the plat of Sunfish Bay, Scott
County, Minnesota, filed October 6, 1925, which abuts on said Lots 2 and 3 and
the East 15.00 feet of Lot 4, and is legally described as follows:
Beginning at the Northeast corner of Lot 2, said plat of Sunfish Bay; thence
northerly, along the northerly extension of the easterly line of said Lot 2, a distance
of 10.00 feet, more or less, to the shoreline of Prior Lake; thence westerly, along
said shoreline to its intersection with the northerly extension of the westerly line of
said East 15.00 feet of Lot 4; thence southerly along said northerly extension of
said westerly line, a distance of 8.00 feet, more or less, to the northwest corner of
said East 15.00 feet of said Lot 4; thence southeasterly along the northerly line of
said Lot 4, said Lot 3 and said Lot 2, to the point of beginning.
(“Applicants’ Property”); and
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WHEREAS, the Applicants’ Property being registered includes a portion of the
“Waterfront Easement” dedicated to “the joint use of the respective owners of the lots” in the plat
of Sunfish Bay; and
WHEREAS, Applicants assert the portion of the “Waterfront Easement” being registered
relative to the Applicants’ Property has terminated for various reasons set forth in the Application;
and
WHEREAS, the City of Prior Lake has been named as a defendant in this proceeding
because of easements for sewer line purposes that cross the Applicants’ Property; and
WHEREAS, the Applicants and the City have agreed to preserve the City easements in
this proceeding as more particularly shown on the survey attached hereto as Exhibit A; and
WHEREAS, no further claims have been asserted against the City; and
WHEREAS, the City does not object to the relief being sought by Petitioners; and
WHEREAS, the City shall not be required to further defend or appear in this action; and
WHEREAS, the Parties hereto seek to reach an agreement herein without further
litigation.
STIPULATION
In consideration hereof, the Parties to this Stipulation agree to an entry of an Order as
follows:
1. That based on the above recitals, the City does not object to the relief sought by the
Applicants and will not make a formal appearance herein other than through this Stipulation.
2. That neither party seeks an award of attorneys’ fees or costs herein.
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3. The Order, Judgment and Decree to be entered herein as well as the Certificate of
Title shall preserve the perpetual easement for public roadway, sanitary sewer, watermain, storm
drain and utility purposes as shown on Exhibit A.
4. The Certificate of Title shall contain the following memorial:
“Perpetual Easement for public roadway, sanitary sewer, watermain, storm
drain and utility purposes in favor of the City of Prior Lake, established by
Easement dated March 24, 1975 and recorded March 27, 1975, as
Document 144597.”
5. To the extent there are additional recorded easements in existence in addition to the
recorded perpetual easement shown in paragraph 4 above, such recorded easements, over adjacent
platted driveways for public road and utility purposes, or other public purposes, shall be preserved
in this proceeding and be memorialized on the Certificate of Title.
Dated: September ___, 2018 HOVLAND & RASMUS, PLLC
By:
James B. Hovland (#47491)
6800 France Avenue S., Suite 190
Edina, MN 55435
(612) 874-8550
jhovland@hovlandrasmus.com
Attorneys for Applicants Roman Postle
and Cory Goracke-Postle
HOFF BARRY, P.A.
Dated: September ___, 2018 By:
Sarah Schwarzhoff (#________)
775 Prairie Center Drive, Suite 160
Eden Prairie, MN 55344
952-746-2713 (Direct)
952-941-9220 (Main)
sschwarzhoff@hoffbarry.com
Attorneys for City of Prior Lake
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ORDER
Pursuant to the foregoing Stipulation, it is hereby ordered that:
1. The City of Prior Lake does not object to the relief Applicants seek in this action.
2. The Order, Judgment and Decree to be entered herein as well as the Certificate of
Title shall preserve the perpetual easement for public roadway, sanitary sewer, watermain, storm
drain and utility purposes as shown on Exhibit A.
3. The Certificate of Title shall contain the following memorial:
“Perpetual Easement for public roadway, sanitary sewer, watermain, storm
drain and utility purposes in favor of the City of Prior Lake, established by
Easement dated March 24, 1975 and recorded March 27, 1975, as
Document 144597.”
4. To the extent there are additional recorded easements in existence in addition to the
recorded perpetual easement shown in paragraph 3 above, such recorded easements, over adjacent
platted driveways for public road and utility purposes, or other public purposes, shall be preserved
in this proceeding and be memorialized on the Certificate of Title.
5. The City of Prior Lake is hereby dismissed with prejudice, without costs or
disbursements to any party.
LET JUDGMENT BE ENTERED ACCORDINGLY.
BY THE COURT
Dated: ______________________________ ______________________________
Judge of District Court