HomeMy WebLinkAbout7A - 4500 Lords St.
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MARCH 20, 2006
7A
STEVE ALBRECHT, PUBLIC WORKS DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION VACATING A PORTION OF
THE EASEMENT FOR ROADWAY PURPOSES ADJACENT TO 4500
LORDS STREET NE
Introduction
The purpose of this agenda item is to conduct a public hearing on the City
Council initiated vacation of a portion of the right-of-way adjacent to 4500
Lords Street NE. According to Minnesota Statutes 412.851, a 4/5 vote of all
members of the City Council is required to adopt a resolution when the
vacation has been initiated by the Council.
Historv
Roger and Susan Ferguson own property located at 4500 Lords Street NE. In
1963, a roadway easement was granted to Eagle Creek Township for Lords
Street across their property by a previous owner. On January 17, 2006, the
Ferguson's were denied a variance to allow a 5-foot setback to the existing
roadway easement. At that meeting, the City Council directed staff to work
with the Ferguson's to determine whether a portion of the roadway easement
could be vacated.
A survey prepared by the Ferguson's surveyor was submitted to the City
providing additional information regarding the Lords Street roadway easement.
Staff met with Mr. Ferguson on January 26th and determined that a portion of
the existing easement could be vacated with the following conditions:
1) No portion of the remaining roadway easement be less than 50 feet in
width.
2) A portion of the vacated roadway easement is retained as drainage and
utility easement to accommodate existing utilities on the property.
3) The Ferguson's convey additional roadway and drainage easements on the
east end of their property to the City for future roadway construction.
On February 6, 2006, the Prior Lake City Council initiated the vacation of a
portion of the easement for roadway purposes located adjacent to 4500 Lords
Street NE.
Current Circumstances
The Planning Commission meeting scheduled for March 13, 2006, was
cancelled due to weather. For this reason any Council recommendation for
vacation approval should be contingent upon a Planning Commission
recommendation that the vacation is consistent with City Ordinances and
Comprehensive Plans.
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Phone 952.447.4230 / Fax 952.447.4245
ISSUES:
One of the goals of the Comprehensive Plan is to "plan for access to and
movement of people, goods and services." Policies to meet this goal include
"classify and design city streets and highways to serve specific functions in
accordance with sound traffic engineering principles." Chapter 4 of the
Comprehensive Plan also notes local streets primarily serve residential areas.
"These streets are for access to adjacent properly and designed as low speed,
low capacity facilities. "
The revised road easement provides adequate right-of-way to meet the needs
for the existing and future Lords Street. In addition, as part of this vacation,
the property owner will be providing an easement to the City. The attached
exhibit shows the proposed right-of-way and drainage easements to be
dedicated to the City for Lords Street. These easements are necessary for the
future reconstruction of Lords Street.
The conditions listed on the attached resolution will ensure the City has the
necessary right-of-way and easements for both the existing and future street
and that the Ferguson's can reasonably utilize areas of their lot not needed for
roadway easement.
FINANCIAL
IMPACT:
There is no financial impact as a result of this vacation. The dedication of the
additional easements by the property owners will also facilitate the future
reconstruction of Lords Street.
ALTERNATIVES:
1. Adopt a Resolution approving the vacation.
2. Direct staff to prepare a resolution denying the vacation.
3. Continue this item to the April 3, 2006, City Council meeting.
RECOMMENDED
MOTION:
Alternative #1.
Reviewed by:
F~e~"'1
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A RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE EXISTING ROAD
EASEMENT LOCATED ON THE PROPERTY AT 4500 LORDS STREET NE
Motion By:
Second By:
WHEREAS, The City Council initiated the vacation of a portion of the drainage and utility easement
located on the property at 4500 Lords Street NE legally described easement as follows:
The part of the right-of-way of Lords Street, now to be vacated, being part of the
southeasterly 25.00 feet, as measured at a right angle, of the following described land:
That part of Government Lot 9, Section 35, Township 115, Range 22, Scott County, Minnesota,
described as follows:
Commencing at a point that is 220.28 feet north and 328.53 feet east of the northwest
comer of Lot 1, in the plat of Maple Park Shore Acres, said point on the center line and
east edge of the concrete bridge; thence North 83 degrees 00 minutes East a distance
of 129.0 feet; thence South 81 degrees 00 minutes East a distance of 112.4 feet; thence
North 61 degrees 34 minutes East a distance of 113.0 feet; thence North 54 degrees 57
minutes East a distance of 264.45 feet to the actual point of beginning; thence North 73
degrees 17 minutes East a distance of 284.2 feet; thence North a distance of 75.0 feet
to the high water mark of Prior Lake; thence Northwesterly along said high water mark to
its intersection with a line bearing North from the actual point of beginning; thence South
188.0 feet to the actual point of beginning.
Said vacated Lords Street is that part thereof which lies northerly of the following
described "Line A":
Commencing at the southeast corner of the above described land; thence northerly along the
east line of the above described land a distance of 32.00 feet to the point of beginning of "Line A";
thence southwesterly to a point on the west line of the above described land 10.00 feet northerly
of the southwest comer of the above described land, as measured along said west line, and said
"Line A" there terminating.
Reserving, however, an easement for drainage and utility purposes, over, under and
across that part of Lords Street to be vacated lying northerly of said "Line A" and
southerly of the following described "Line B":
Begin "Line B" at the intersection of the east line of the above described land with a line 5.00 feet
northwesterly of, as measured at a right angle, and parallel with the above described "Line A";
thence southwesterly, parallel with said "Line A", a distance of 205.00 feet; thence southwesterly
a distance of 100.00 feet along a line passing through the intersection of the west line of the
above described land with the northwesterly line of said southeasterly 25.00 feet of the above
described land, and said "Line B" there terminating.
WHEREAS, Notice of the hearing has been duly published and posted in accordance with the
applicable Minnesota Statutes, and
R:\Agenda Reports\Mar 20 2006\vacation resolution. DOC
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
WHEREAS, A Public Hearing was held on said petition on Monday, March 20, 2006, in the Council
Chambers at the Prior Lake Fire Station #1; and
WHEREAS, The City Council then proceeded to hear all persons interested in said petition and
persons interested afforded the opportunity to present their views and objections to the
granting of said petition; and
WHEREAS, A portion of the existing easement can be vacated with the following conditions:
1) No portion of the remaining roadway easement be less than 50 feet in width.
2) A portion of the roadway easement is retained as drainage and utility easement
to accommodate existing utilities on the property as determined by the City
Engineer.
3) The Ferguson's convey additional roadway and drainage easements on the
east end of their property to the City for future roadway construction.
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 easement would be in the
public interest.
3. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easement is
hereby vacated:
Legal Description (Right-of-Way):
The part of the right-of-way of Lords Street, now to be vacated, being part of the southeasterly
25.00 feet, as measured at a right angle, of the following described land:
That part of Government Lot 9, Section 35, Township 115, Range 22, Scott County, Minnesota, described as
follows:
Commencing at a point that is 220.28 feet north and 328.53 feet east of the northwest corner of Lot 1,
in the plat of Maple Park Shore Acres, said point on the center line and east edge of the concrete
bridge; thence North 83 degrees 00 minutes East a distance of 129.0 feet; thence South 81 degrees 00
minutes East a distance of 112.4 feet; thence North 61 degrees 34 minutes East a distance of 113.0
feet; thence North 54 degrees 57 minutes East a distance of 264.45 feet to the actual point of
beginning; thence North 73 degrees 17 minutes East a distance of 284.2 feet; thence North a distance
of 75.0 feet to the high water mark of Prior Lake; thence Northwesterly along said high water mark to
its intersection with a line bearing North from the actual point of beginning; thence South 188.0 feet to
the actual point of beginning.
Said vacated Lords Street is that part thereof which lies northerly of the following described "Line
A:"
Commencing at the southeast comer of the above described land; thence northerly along the east line of the
above described land a distance of 32.00 feet to the point of beginning of "Line A"; thence southwesterly to a
R:\Agenda Reports\Mar 20 2006\vacation resolution. DOC
point on the west line of the above described land 10.00 feet northerly of the southwest comer of the above
described land, as measured along said west line, and said "Line A" there terminating.
Reserving, however, an easement for drainage and utility purposes, over, under and across that
part of Lords Street to be vacated lying northerly of said "Line A" and southerly of the following
described "Line B:"
Begin "Line B" at the intersection of the east line of the above described land with a line 5.00 feet northwesterly
of, as measured at a right angle, and parallel with the above described "Line A"; thence southwesterly, parallel
with said "Line A", a distance of 205.00 feet; thence southwesterly a distance of 100.00 feet along a line passing
through the intersection of the west line of the above described land with the northwesterly line of said
southeasterly 25.00 feet of the above described land, and said "Line B" there terminating.
4. Said vacation is subject to the following conditions:
a) The City of Prior Lake maintains a drainage and utility easement over the following described
property:
Reserving, however, an easement for drainage and utility purposes, over, under and across
that part of Lords Street to be vacated lying northerly of said "Line A" and southerly of the
following described "Line B:"
Begin "Line B" at the intersection of the east line of the above described land with a line 5.00 feet northwesterly
of, as measured at a right angle, and parallel with the above described "Line A"; thence southwesterly, parallel
with said "Line A", a distance of 205.00 feet; thence southwesterly a distance of 100.00 feet along a line passing
through the intersection of the west line of the above described land with the northwesterly line of said
southeasterly 25.00 feet of the above described land, and said "Line BIl there terminating.
b) The property owners, Roger and Susan Ferguson, must convey additional roadway and
drainage easements on the east end of their property to the City for future roadway construction
prior to recording the vacation resolution.
c) Planning Commission recommendation for approval at their March 27,2006, meeting.
PASSED AND ADOPTED THIS 20th DAY OF MARCH 2006.
YES
NO
I Haugen
I Dornbush
I Erickson
LeMair
Millar
Haugen
Dornbush
Erickson
LeMair
Millar
Frank Boyles, City Manager
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five. (35),:;>Township,'9~.,V)Iundred Fifteen (115), Range Twenty-two
(22), S'cot~'County ,)'f""sota, described 'as follows: Commencing
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