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Home My WebLink About7A 14480 Shady Beach Trail 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: FEBRUARY 19, 2019 AGENDA #: 7A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION VACATING A PORTION OF UNUSED RIGHT-OF-WAY ADJACENT TO 14480 SHADY BEACH TRAIL NE GOAL AREA AND OBJECTIVE: Desirable and Sustainable Development 4. Encourage development and preservation of quality life-cycle residential housing options. DISCUSSION: Introduction The purpose of this agenda item is to conduct a public hearing on the vacation of a portion of a platted public right-of-way located adjacent to a property at 14480 Shady Beach Trail. History The road was created as Prior Lane (now known as Shady Beach Drive) as part of the Shady Beach No. 2 plat approved by the City Council in 1954. Joe Cade, the applicant, recently purchased the adjacent property at 14480 Shady Beach Trail and received a variance approval from the Planning Commission on January 28, 2019 to construct a new single- family home on the site pending the right-of-way vacation request. Current Circumstances City staff has evaluated the vacation application to determine whether there is a local public need for the requested 977 square foot triangular right-of-way area. That need would include, but not be limited to, public utilities, and/or private lot access. Shady Beach Trail is not a street with updated curbing and stormwater utilities. The street is not proposed for reconstruction in the short term (i.e.- it is not included in the current Capital Improvement Plan). Conclusion The overall evaluation by City Staff has concluded that the right -of-way area requested for vacation will not be necessary for a future street since the existing street is a standard 28 feet wide. The area would possibly be necessary however for temporary street construction in the future and for permanent underground utilities. Therefore, the City Staff and City Attorney propose a custom drainage and utility easement that will cover the right-of-way vacation area for future permanent utility and temporary street construction use. In addition, the applicant has dedicated an additional five-foot easement for standard drainage and utility purposes along the entire front property line. The applicant has reviewed the easement document and agrees with the proposed easement. The City Staff recommends approval of the right-of-way request with the conditioned upon approval of the easement to replace the right-of-way area. 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 right-of-way is no longer needed for a public reason, then vacating it can be deemed to be in the interest of the public. FINANCIAL IMPACT: Approval of the requested vacation will facilitate a newly constructed single-family residential dwelling on the property which will add to the property tax base. ALTERNATIVES: 1. Approve a resolution approving the vacation of a portion of the Shady Beach Trail NE right-of-way. 2. Deny approval based on findings to support denial. 3. Table this item to a certain date in the future RECOMMENDED MOTION: Alternative #1 ATTACHMENTS: 1. Location Map 2. Survey 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 19-___ RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE SHADY BEACH TRAIL NE RIGHT-OF-WAY Motion By: Second By: WHEREAS, WHEREAS, Joseph Cade (‘Applicant’), has submitted a petition for the vacation of a portion of the Shady Beach Trail NE right-of-way; and The petition has been duly presented to the City of Prior Lake, Scott County, Minnesota to wit: Legal Description (Vacated Right-of-Way Area): That part of PRIOR LANE as depicted and dedicated in the plat of SHADY BEACH NO. 2, Scott County, Minnesota described as follows: Beginning at the northeast corner of Lot 7, said plat of SHADY BEACH NO. 2; thence North 04 degrees 43 minutes 15 seconds East, assumed bearing along the northerly extension of the east line of said Lot 7, a distance of 17.09 feet; thence westerly along a non-tangential curve, concave to the north, having a radius of 121.25 feet, a central angle of 38 degrees 06 minutes 46 seconds, an arc length of 80.66 feet, a chord bearing of North 80 degrees 56 minutes 24 seconds West, a chord distance of 79.18 feet; thence North 61 degrees 53 minutes 01 second West, tangent to last described curve, a distance of 18.81 feet, more or less, to its intersection with the northerly line of said Lot 7; thence southeasterly along said northerly line to the point of beginning. (As referenced in Exhibit A). 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 February 19, 2019, in the Council Chambers at Prior Lake City Hall, 4646 Dakota Street SE; and WHEREAS, The City Council then proceeded to hear all persons interested in said petition and persons interested were afforded the opportunity to present their views and objections to the granting of said petition; and WHEREAS, The vacated area legally described above is no longer necessary for the maintenance of public utilities, public access, or any other public purpose. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council of Prior Lake has determined that the vacation of said public right-of-way would be in the public interest. 2 3. The approval resolution vacating the right-of-way shall be recorded at the Scott County Recorder’s Office. 4. The applicant shall enter into an easement agreement to allow future temporary construction activities and permanent underground utilities within the vacated right-of-way area. 5. Pursuant to Minnesota Statues 412.851, the following described public right-of-way is hereby vacated: Legal Description (Vacated Right-of-Way Area): That part of PRIOR LANE as depicted and dedicated in the plat of SHADY BEACH NO. 2, Scott County, Minnesota described as follows: Beginning at the northeast corner of Lot 7, said plat of SHADY BEACH NO. 2; thence North 04 degrees 43 minutes 15 seconds East, assumed bearing along the northerly extension of the east line of said Lot 7, a distance of 17.09 feet; thence westerly along a non-tangential curve, concave to the north, having a radius of 121.25 feet, a central angle of 38 degrees 06 minutes 46 seconds, an arc length of 80.66 feet, a chord bearing of North 80 degrees 56 minutes 24 seconds West, a chord distance of 79.18 feet; thence North 61 degrees 53 minutes 01 second West, tangent to last described curve, a distance of 18.81 feet, more or less, to its intersection with the northerly line of said Lot 7; thence southeasterly along said northerly line to the point of beginning. (As referenced in Exhibit A). Passed and adopted by the Prior Lake City Council this 19th day of February 2019. VOTE Briggs Thompson Burkart Braid Erickson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Michael Plante, City Manager SHADY BEACH TRL NEBI R C H W O O D A V N E Lower Prior Lake Scott County GIS Ü 14480 Shady Beach Trl NE Vacation Location Map UPPER PRIO R LAK E GD (904) LO WER PRIO R LAKE GD (904) PIKE LA KE NE(820.5) MYS TIC LA KE NE HAA S LA KE NE(907.3) BLIND LA KE RD(948.7) ARTIC LA KE NE(906.7) MA RKLEY LA KE RD( ) HOWA RD LA KE NE (957.3) CAMPBE LL LA KE NE(Not Estab.)Scott County GIS SUBJECTPROPERTY