HomeMy WebLinkAbout03-94 Janick Vacation
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By
CITY OF PRIOR LAKE
APPLICATION FOR ~T.t{.t;J:..T, ALLEY AND UTILITY VACATION
Applicant: 01"'1' o~ ~Rl.O~ L~\t.J;.
Address :---1.(1) 1..00 ~ ~I.... Mf-
Bane Phone:
Vbrk Phone: (q~'L\ ~'11-~~O
Property CMner: t\t..J1'\-\ol-.JY j. J- ~ItURJ\ ~ I :::r~),.)i0V'\.
Address:-!oOCo~ 1601"'-. s\'KftT S.(.
Hane Phone:W::>rk Phone:
Legal Description of Site to be Vacated: o Vi.w.:i\ ((A' PI.-.!\'l o~ O~"'Gl-i.NN)
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IEason for Pequest: (May Attach) A. }JEw ~ A:Sf_rf\E.0\ k.uf:>S 'ftit. (Jfi?.oPf..(Z-ry
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SJBMISSION RroUIRfMENI'S: (A) Completed Application ferm. (B) Complete Legal
description & Property Identification Nurrber (pro) . (e) Complete legal
description of vacation site. (D) Petition or letter including the signatures
and addresses of all property owners who own land adjacent to the proposed
vacation site. (E) Certified Survey of the proposed vacation site. (F) Filing
Fee.
ONLY COMPLETE APPLICATIONS S1ALL BE. RE.VIEWED BY THE CITY cx)UN:IL.
To the best of my knowledge the infonnation presented on this form is correct.
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Fee o..n\E!rs Signature I Date
'mIS i::ll:k.-.l.ION 'ID BE FILLED OUT BY THE PLANNIN:i DIRn.;.l.vR
CITY cx)UN:IL
APPIDTED
DENIED
HEARIN:; Dl\TE
cx)NDITIONS:
Signature of the Planning Director
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CITY OF
PRIOR LAKE, MINNESOTA
55372
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MICHAEL A. McGUIRE, MANAGER
612 - 447 - 4230
March 3, 1978
Ed Ames
Orr-Sche1en-Mayeron & Assoc.
2021 East Hennepin Avenue
Suite 238
Minneapolis, Minnesota 55413
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Dear Ed:
Enclosed is an easement for Outlot A, Oakg1enn. The
property is owned by Charles E. Hayes.
Please have the easement filed. Thank you.
Sincerely,
L~."
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Lar~ Anderson~ P.E.
City Engineer
Enclosure
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THE CENTER OF LAKE COUNTRY
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THIS INSTRUMENT, Made this
9th
day of February
, 1978,
by and between
Charles E. and Linda F. Hayes
of the County of Scott, and the State of Minnesota, parties of the
first part, and the CITY OF PRIOR LAKE, a Municipal corporation,
party of the second part:
WITNESSETH, That the said parties of the first part, in consideration
of One Dollar and other good and valuable considerations to them
,
in hand paid by the said party of the second part, the receipt whereof
is hereby acknowledged, do es
hereby Grant, Bargain, Sell, Convey
and Warrant to said party of the second part, the easements situate
in Scott County, Minnesota, described on Exhibit A attached hereto and
made a part hereof.
IN TESTIMONY WHEREOF, the said parties
of the first part ha ve
hereunto set their hand s the day and year first above written.
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STATE OF MINNESOTA
COUNTY OF SCOTT
Linda F. Hayes
ON this ;t.O'i1l day of 'FeB , 1978, before me, a Notary Public
wi thin and for said County, personally appeared (\I ~AGL lc: s {-
Lt' ('Vd A tLA-y1 GS.'
to me' known to be the person~ described in and who executed the fore-
going instrument and acknowledged that he executed the same as
~
free act and deed.
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Notary Public -Scott ~nty
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Planning Commission Meeting
September 8. 2003
. The traffic issues will be a continual problem and will not be solved tonight. It
will take a long time to get the roads to the degree they need to be. Everyone is
trying to do the right thing.
. In favor of the development.
Stamson:
. Concurred with fellow Commissioners. It will be a nice project. The course
designers and Community have done a good job. They are concerned with the
runoff and have taken environmental concerns with reusing the storm water.
. The agencies (DNR, Federal and City) will control a development of this type.
. The golf course currently exists. It is appropriate and allowing a Conditional Use
Permit to excavate to improve the course is fine.
. Supports the proposal.
MOTION BY ATWOOD, SECOND BY LEMKE, RECOMMENDING CITY
COUNCIL APPROVE THE CONDITIONAL USE PERMIT SUBJECT TO THE
LISTED CONDITIONS BY STAFF.
Vote taken indicated ayes by all. MOTION CARRIED.
This item will go before the City Council on September 15, 2003.
6.
Old Business:
None
7. New Business:
A. Case #03-94 The City of Prior Lake is requesting a vacation of the existing
storm sewer easement on the property located at 6063 150th Street SE.
Planning Coordinator Jane Kansier presented the Planning Report on file in the office of
the City Planning Department.
In 1978, the City of Prior Lake acquired a storm sewer easement on the property located
at 6063 150th Street SE. As part of the City's street reconstruction project this year, the
City has relocated the existing storm sewer on this lot, and obtained a new easement. As
a result, the original easement is no longer needed. The City, in conjunction with the
property owner, has therefore filed a petition to vacate the existing easement.
Staff recommended approval of the proposed vacation.
Comments from the Commissioners:
Stamson:
. The statute states it has to be in the public best interest and this is for the City's
benefit. It allows the property owner more use of his property since the City has
moved the utilities.
L:\03 Files\03 Planning Comm\03pcMinutes\MN090803.doc 12
Planning Commission Meeting
September 8, 2003
. Support.
Lemke, Criego, Ringstad and Atwood.
. Concurred.
MOTION BY ATWOOD, SECOND BY RINGSTAD, RECOMMENDING CITY
COUNCIL APPROVE THE VACATION AS REQUESTED.
Vote taken indicated ayes by all. MOTION CARRIED.
This item will go before the City Council on September 15,2003.
8. Announcements and Correspondence:
The Commissioners suggested postponing the bluff discussion to the first meeting in
October.
9. Adjournment:
The meeting adjourned at 9:05 p.m.
Connie Carlson
Recording Secretary
L:\03 Files\03 Planning Comm\03pcMinutes\MN090803.doc 13
City Council Meeting Minutes
DRAFT
September 15. 2003
.
(D) Consider Approval of Animal Warden Monthly Report.
(E) Consider Approval of Monthly Fire Call Report.
(F) Consider Approval of Resolution 03.151 Authorizing Full and Final Payment to Davies/Northern Waterworks for the
Meter Replacement and Automated Meter Reading System Project.
BOYLES: Reviewed the Consent Agenda items.
LeMalr. Requested removing item 5E.
Zieska: Requested removing Item 5F.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE THE CONSENT AGENDA ITEMS (A) THROUGH (D).
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska. and LeMair. the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA:
(E) Consider Approval of Monthly Fire Call Report.
LeMair: Commented that 91 fire calls were responded to by our volunteer fire department. Wanted to recognize what a
great effort is made on a daily basis by those volunteers for our community.
(F) Consider Approval of a Resolution Authorizing Full and Final Payment to Davies/Northern Waterworks for the
Meter Replacement and Automated Meter Reading System Project.
Zieska: Asked if all the meters had been replaced.
Osmundson: Advised there are two remaining.
~ieska: Encouraged residents to utilize the automated meter reading and payment.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE CONSENT AGENDA ITEMS (E) AND (F).
VOTE: Ayes by Haugen. Blomberg, Petersen. Zieska and LeMair, the motion carried.
PUBLIC HEARINGS:
Consider Approval of Vacation of Existing DraInage and Utility Easement on the Property at 6063 15()1h Street.
Kansler: Reviewed the agenda item in connection with the staff report.
Mayor Haugen declared the public hearing open.
No person were present to address the Council.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
LeMair: Asked if the City paid for acquisition of the new easement.
Bovles: Advised no payment had been made.
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City Council Meeting Minutes
DRAFT
September 15, 2003
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Petersen: Commented that generally the City does not vacate easements except for the public benefit. However, this item
seems appropriate.
MOTION BY BLOMBERG, SECOND BY PETERSEN, APPROVING RESOLUTION 03.152 VACATING A DRAINAGE AND
UTILITY EASEMENT ON THE PROPERTY AT 6063 -150TH STREET.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried,
PRESENTATIONS:
Concept Plans for Development of the Busacker / Blumberg Property to be Known as Heritage Landing.
Kansler: Reviewed the agenda item in connection with the staff report.
Scott McMahon (Developer): Showed a concept drawing and discussed the town home project.
LeMalr: Asked why townhomes were targeted versus single family homes, and if the developer owned the property.
McMahon: Commented that townhomes seemed the most appropriate given the site location and topography, and that the
developer is currently under contract with the landowners.
Zleska: Advised that he had seen the project presentation at the Planning Commission. Repeated the staff
recommendations in that there did not appear to be land for park. Given what he has seen to date. supported the project.
Blombera: Agreed with the staff recommendation regarding providing a trail.
McMahon: Commented that a similar development in Apple Valley called Cobblestone Lake favors the establishment of
trail systems. This project is model atter that one. Would also like to create as many open spaces as possible and has not
given up on providing a park area in addition.
LeMalr: Asked the zoning classification of the lake, and the opportunity for docks and/or beaches.
Kansler: Explained the classification of the Natural Environmental Lake.
Hauaen: Concerned with the density. Asked about mixed use for the area. Also asked the description of a row house.
Further concerned about the traffic impacts upon 150th.
McMahon: Commented that one of the challenges of the site, in addition to the terrain, is the set back, which makes single-
family uses difficult from a financial standpoint in the area. Advised that a row house is very similar to a townhome.
LeMair: Asked if only one builder will be used.
McMahon: Advised that only one builder will be utilized. Added that of the 11.5 acres, only 7 are buildable.
Hauaen: Thanked Mr. McMahon for the presentation.
3
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September 23, 2003
Scott County Recorder
Scott County Government Center
200 Fourth Avenue West
Shakopee,~ 55379
Dear Sir or Madam:
Enclosed for recording is a True and Correct Copy of Resolution 03-152:
RESOLUTION 03-152
RESOLUTION PROVIDING FOR THE VACATION OF THE EXISTING DRAINAGE
AND UTILITY EASEMENT LOCATED ON THE PROPERTY AT 6063 150TH
STREET SE
#03-94
City ofPLlJanick
Please send the documentation and your statement to my attention at the address below.
If you have any questions, let me know.
Thank you.
CUUA (e
Connie Carlson
Planning Dept. Secretary
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTljNIT'i EMPLOYER
Doc. No. T 149838
Vol. 103 Page 77 Cert. 34055
OFFICE OF THE REGISTRAR OF TITLES
SCOTT COUNTY, MINNESOTA
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Certified Filed on09-25-2003 at 08: 1 0
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Pat Boeck"lGn, Registrar of Titles
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Fee: $20.00
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STATE OF MINNESOTA)
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COUNTY OF SCOTT )
The undersigned, duly qualified and Planning Secretary Oftht&'ty of Prior Lake, hereby
certifies the attached hereto is the original true and correct copy of
RESOLUTION 03-152
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RESOLUTION PROVIDING FOR THE VACATION OF THE EXISTING DRAINAGE
AND UTILITY EASEMENT LOCATED ON THE PROPERTY AT 6063 150TH
STREET SE
#03-94
City ofPLlJanick
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Connie Carlson
City of Prior Lake L
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Dated this 22nd day of September, 2003
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RESOLUTION 03-152
RESOLUTION PROVIDING FOR THE VACATION OF THE EXISTING DRAINAGE AND UTILITY EASEMENT
LOCATED ON THE PROPERTY AT 6063150TH STREET SE
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY: BLOMBERG SECOND BY: PETERSEN
A petition for the vacation of a portion of the existing drainage and utility easement located on
the property at 6063 150th Street SE, has been duly presented to the City of Prior Lake,
signed by the owners of the property abutting the following described easement situated in the
City of Prior Lake, Scott County, Minnesota to wit:
Legal Description:
A permanent easement to install and maintain a storm sewer over and across that part of
Outlot "A", plat of OAKGLENN, Scott County, Minnesota lying 5.00 feet either side of the
following described lien and its extension thereof: Beginning at the Southeast corner of said
Outlot "A" thence North 18 degrees, 48 minutes, 44 seconds West a distance of 79.23 feet;
thence North 9 degrees, 18 minutes, 33 seconds East a distance of 78.57 feet to the North
line of said Outlot "A" and there terminating. For the purposes of this description, the East line
of Outlot "A" was assumed to have a bearing of North.
And
Notice of the hearing has been duly published and posted in accordance with the applicable
Minnesota Statutes, and
A Public Hearing was held on said petition on Monday, September 15, 2003, at 7:00 p.m. in
the Council Chambers at the Prior Lake Fire Station #1; and
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
A new drainage and utility easement for the relocated sewer line has been dedicated to the
City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that:
1. The above recitals are fully incorporated herein as set forth above.
2. The City Council of Prior Lake has determined that the vacation of said easement would be in the public interest.
r:\resoluti\planres\2003\03-152.doc
Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
3. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easements are hereby
vacated:
Legal Description:
A permanent easement to install and maintain a storm sewer over and across that part of Outlot "A", plat of
OAKGLENN, Scott County, Minnesota lying 5/00 feet either side of the following described lien and its extension
thereof: Beginning at the Southeast corner of said Outlot "A" thence North 18 degrees, 48 minutes, 44 seconds
West a distance of 79.23 feet; thence North 9 degrees, 18 minutes, 33 seconds East a distance of 78.57 feet to
the North line of said Outlot "A" and there terminating. For the purposes of this description, the East line of
Outlot "A" was assumed to have a bearing of North.
4. The vacation of said drainage and utility easement is in the public interest.
Passed and adopted this 15th day of September, 2003.
YES
I Haugen X
I Blomberg X
I LeMair X
I Petersen X
I Zieska X
NO
Haugen
Blomberg
LeMair
Petersen
Zieska
CJJJjJ
{Seal}
Frank Boyles, City Manager
r:\resoluti\planres\2003\03-152.doc
Page 2
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PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
7A
REVIEW REQUEST TO VACATE THE EXISTING
DRAINAGE AND UTILITY EASEMENT LOCATED ON
THE PROPERTY AT 6063150TH STREET SE
JANE KANSIER, PLANNING COORDINATOR
YES X NO-N/A
SEPTEMBER 8, 2003
INTRODUCTION
In 1978, the City of Prior Lake acquired a storm sewer easement on the property
located at 6063 150th Street SE. As part of the City's street reconstruction
project this year, the City has relocated the existing storm sewer on this lot, and
obtained a new easement. As a result, the original easement is no longer
needed. The City, in conjunction with the property owner, has therefore filed a
petition to vacate the existing easement.
As required by State Statute 462.356 Subd.2, the Planning Commission is
required to make a recommendation to the City Council regarding the disposal or
acquisition of public lands as it relates to compliance with the Comprehensive
Plan.
Upon proper notification, State Statute 412.851 allows the Council to vacate
easement or right-of-way by resolution. The statute also states "no such
vacation shall be made unless it appears to be in the public interest to do so."
DISCUSSION:
The Planning Commission must make two determinations. Does the vacation of
the existing easement comply with the Comprehensive Plan and is there a public
need or anticipated future need for the dedicated property?
Comprehensive Plan Review
The Comprehensive Plan does not specifically discuss utility easements, other
than as a function of ensuring access to public utilities. The vacation of this
easement is not inconsistent with any specific goal or objective of the
Comprehensive Plan. A new easement has been obtained for this area.
1:\03 files\03 vacations\city-janick\pc report.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Public Need
As noted above, the City has acquired a new easement for the relocated storm
sewer. The approval of this vacation will allow the property owner use of the
original easement area.
ALTERNATIVES:
1. Recommend the City Council approve the proposed vacation as presented
or with changes recommended by the Commission.
2. Continue the discussion to a date and time certain to allow the staff to
provide additional information specifically requested by the Planning
Commission.
3. Based upon expressed findings of fact, recommend the City Council deny
part or all of the applications based upon inconsistency of the proposal
with specific regulations of the Zoning and Subdivision Ordinances and/or
specific policies of the Comprehensive Plan.
RECOMMENDATION
Alternative #1.
ACTION REQUIRED:
Motion and second to recommend the City Council approve the vacation as
requested.
1:\03 files\03 vacations\city-janick\pc report. doc
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CITY COUNCIL AGENDA REPORT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
AL TERNATIVES:
SEPTEMBER 15, 2003
7A
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF A RESOLUTION VACATING
THE EXISTING DRAINAGE AND UTILITY EASEMENTS
LOCATED ON THE PROPERTY AT 6063 IS0TH STREET SE
History: In 1978, the City of Prior Lake acquired a storm sewer
easement on the property located at 6063 150th Street SE. As part of
the City's street reconstruction project this year, the City has relocated
the existing storm sewer on this lot, and obtained a new easement. As
a result, the original easement is no longer needed. The City, in
conjunction with the property owner, has therefore filed a petition to
vacate the existing easement.
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Current Circumstances: The Planning Commission reviewed this
vacation request on September 8, 2003. The Planning Commission
recommended approval of the proposed vacation.
The Issues: Minnesota Statutes 412.851 allows the Council to vacate
easements or right-of-way by resolution. The statute states, "no such
vacation shall be made unless it appears to be in the public interest to
do so." The Comprehensive Plan does not specifically discuss utility
easements, other than as a function of ensuring access to public
utilities. The vacation of this easement is not inconsistent with any
specific goal or objective of the Comprehensive Plan. A new easement
for the relocated storm sewer has been vacated.
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Conclusion: The Planning Commission and the staff recommend
approval of the requested vacation.
The City Council has three alternatives:
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1. Adopt a Resolution approving the vacation.
2. Direct staff to prepare a resolution denying the vacation.
3. Defer this item and provide staffwith specific direction.
1:\03 files\03 vacations\city-janick\cc report. doc .ty f . 1 k
WWW.Clopnorae.com
Page 1
Phone 952.447.4230 / Fax 952.447.4245
RECOMMENDED
MOTION:
REVIEWED BY:
The Planning Commission and staff recommend Alternative # 1. A
motion and second to adopt a Resolution approving the vacation of the
right-of-way and easements is required.
~
Frank B~ity
anager
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1:\03 files\03 vacations\city-janick\cc report. doc
Page 2
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 03.XX
RESOLUTION PROVIDING FOR THE VACATION OF THE EXISTING DRAINAGE AND UTILITY EASEMENT
LOCATED ON THE PROPERTY AT 6063150TH STREET SE
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY:
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SECOND BY:
A petition for the vacation of a portion of the existing drainage and utility easement located on
the property at 6063 150th Street SE, has been duly presented to the City of Prior Lake,
signed by the owners of the property abutting the following described easement situated in the
City of Prior Lake, Scott County, Minnesota to wit:
Legal Description:
A permanent easement to install and maintain a storm sewer over and across that part of
Outlot "A", plat of OAKGLENN, Scott County, Minnesota lying 5.00 feet either side of the
following described lien and its extension thereof: Beginning at the Southeast corner of said
Outlot "A" thence North 18 degrees, 48 minutes, 44 seconds West a distance of 79.23 feet;
thence North 9 degrees, 18 minutes, 33 seconds East a distance of 78.57 feet to the North
line of said Outlot "A" and there terminating. For the purposes of this description, the East line
of Outlot "A" was assumed to have a bearing of North.
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And
Notice of the hearing has been duly published and posted in accordance with the applicable
Minnesota Statutes, and
A Public Hearing was held on said petition on Monday, September 15, 2003, at 7:00 p.m. in
the Council Chambers at the Prior Lake Fire Station #1; and
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
A new drainage and utility easement for the relocated sewer line has been dedicated to the
City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that:
1. The above recitals are fully incorporated herein as set forth above.
2. The City Council of Prior Lake has determined that the vacation of said easement would be in the public interest.
1:\03 files\03 vacations\city-janick\cc resolution.doc
www.cityofpriorlake.com
Page 1
Phone 952.447.4230 / Fax 952.447.4245
3. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easements are hereby
vacated:
Legal Description:
A permanent easement to install and maintain a storm sewer over and across that part of Outlot "A"I plat of
OAKGLENN, Scott County, Minnesota lying 5/00 feet either side of the following described lien and its extension
thereof: Beginning at the Southeast corner of said Outlot "A" thence North 18 degrees, 48 minutes, 44 seconds
West a distance of 79.23 feet; thence North 9 degrees, 18 minutes, 33 seconds East a distance of 78.57 feet to
the North line of said Outlot "A" and there terminating. For the purposes of this description, the East line of
Outlot "A" was assumed to have a bearing of North.
4. The vacation of said drainage and utility easement is in the public interest.
I
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;
Passed and adopted this 15th day of September, 2003.
YES
NO
Haugen
Blomberg
LeMair
Petersen
Zieska
Haugen
Blomberg
LeMair
Petersen
Zieska
{Seal}
Frank Boyles, City Manager
1:\03 files\03 vacations\city-janick\cc resolution.doc
Page 2
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pLJl;. of OM;m.:';liN, .Jcutt !,;uunt.y, r.nnll'2GOLil lyinJ~ 5.) I'e.,t, !lit.her' ~ji:l', or t.ile folluwin,; ue,;o';I>'1 UII"
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.JJ seclJrJJ~; ,',ast il dist'lnCf' of '1$.5'1 ('e>!t t.o t.he Nort.h Lind of s,d:J Uutl.ot ",\" ;md th"I'" 'C'l'Ilir ,UII',
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----
7' DRAINAGE AND UTILITY EASEMENT -
DESCRIPTION:
/
A permanent easement to install and maintain a storm sewer over and across that part of Outlot "A"
plat of OAKGLENN, Scott County, Minnesota lying 5.0 feet either side of the following described line
and its extensions thereof: Commencing at the Southeast corner of said Outlot "A"; thence on an
assumed bearing of west a distance of 20.68 feet to the beginning of the line to be described; thence
North 5 degrees 29 minutes 21 seconds West a distance of 81.08 feet; thence North 11 degrees 16
minutes 2 seconds East a distance of 87.75 feet to the North line of said Outlot "A" and there
terminating. For the purposes of this description the East line of said Outlot "A" was assumed to have
a bearing of North.
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.-------JL-.273.41'-----
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
September 11, 2003
Anthony & Laura Janick
6063 150th Street SE
Prior Lake, MN 55372
Attached is a City Council Agenda and Staff Report for the September 15, 2003, City
Council meeting. The meeting will begin at 7:00 p.m. and is held at the Fire Station
located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21).
Sincerely,
Connie Carfson
Connie Carlson
Planning Secretary
Enclosure
I :\deptwork\blankfrm\meetlrcc.doc
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
(!)~- ~q
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
fuw~ Cl:tn.,.~ ofthe City of Prior Lake, County of Scott, Stale of
Minnesota, being duly sworn, says on the ,~day Of~' ,2.003, she served
the attached Jist of persons to have an interest in the ~ -JCv'V\\;rJL,
V ~oh !~_ ~ , by maili to them a copy thereof,
enclosed in an envelope, postage prepaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known address of the parties.
Subscribed and sworn to be this
day of ,2003.
NOTARY PUBLIC
L:\DEPTWORKIBLANKFRMIMAILAFFD DOC
NOTICE OF PUBLIC HEARING TO CONSIDER THE VACATION OF A UTILITY
EASEMENT LOCATED ON THE PROPERTY AT 6063150TH STREET SE
You are hereby notified that the Prior Lake City Council will hold a public hearing at
Prior Lake Fire Station #1, located at 16776 Fish Point Road SE on Monday,
September 15, 2003, at 7:00 p.m. or as soon thereafter as possible.
REQUEST:
The applicant is requesting to vacate the existing utility
easement legally described as follows:
A permanent easement to install and maintain a storm
sewer over and across that part of Outlot "A", plat of
OAKGLENN, Scott County, Minnesota lying 5/00 feet either
side of the following described lien and its extension
thereof: Beginning at the Southeast corner of said Outlot
"A" thence North 18 degrees, 48 minutes, 44 seconds West
a distance of 79.23 feet; thence North 9 degrees, 18
minutes, 33 seconds East a distance of 78.57 feet to the
North line of said Outlot "A" and there terminating. For the
purposes of this description, the East line of Outlot "A" was
assumed to have a bearing of North.
APPLICANT:
City of Prior Lake
PROPERTY OWNER: Anthony and Laura Janick
SUBJECT SITE:
6063 150th Street SE (Outlot "A", Oakglenn)
If you wish to be heard in reference to this matter, you should attend the hearing.
Oral and written comments will be considered by the City Council. If you have
questions regarding this matter, contact the Planning Department at (952) 447-9810.
Prepared this 19th day of August, 2003 by:
Jane Kansier, Planning Coordinator
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN AUGUST 23, 2003,
AUGUST 30, 2003, AND SEPTEMBER 6, 2003.
1:\03 files\03 vacations\city-janick\hearing notice. doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
~~
~N"~
NOTICE OF PUBLIC HEARING TO CONSIDER THE VACATION OF A UTILITY
EASEMENT LOCATED ON THE PROPERTY AT 6063150TH STREET SE
You are hereby notified that the Prior Lake City Council will hold a public hearing at
Prior Lake Fire Station #1, located at 16776 Fish Point Road SE on Monday,
September 15, 2003, at 7:00 p.m. or as soon thereafter as possible.
REQUEST:
The applicant is requesting to vacate the existing utility
easement legally described as follows:
A permanent easement to install and maintain a storm
sewer over and across that part of Outlot "An, plat of
OAKGLENN, Scott County, Minnesota lying 5/00 feet either
side of the following described lien and its extension
thereof: Beginning at the Southeast corner of said Outlot
"An thence North 18 degrees, 48 minutes, 44 seconds West
a distance of 79.23 feet; thence North 9 degrees, 18
minutes, 33 seconds East a distance of 78.57 feet to the
North line of said Outlot "An and there terminating. For the
purposes of this description, the East line of Outlot "An was
assumed to have a bearing of North.
APPLICANT:
City of Prior Lake
PROPERTY OWNER: Anthony and Laura Janick
SUBJECT SITE:
6063 150th Street SE (Outlot "An, Oakglenn)
If you wish to be heard in reference to this matter, you should attend the hearing.
Oral and written comments will be considered by the City Council. If you have
questions regarding this matter, contact the Planning Department at (952) 447-9810.
Prepared this 19th day of August, 2003 by:
Jane Kansier, Planning Coordinator
City of Prior Lake
Mailed to adjacent property owners on September 5, 2003.
1:\03 files\03 vacations\city-janick\mail notice. doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PID SHSRTN
251260010 DAVIS,JEFF & MICHELLE
251260050 JANICK,ANTHONY J & LAURA L
251250040 MOURNING,JEFFREY B & BARBARA A
251250220 PRIOR LAKE,CITY OF
L:\03 Files\03 Vacations\City-Janick\maillist.xls
~-~.
Property Owners List
Janick Vacation
SHNAM2 SHHOUS SHSTRE
6089 150 ST SE
6063 150 ST SE
15040 GREEN OAKS TRL SE
CITY MANAGER 16200 EAGLE CREEKAV
SHCITY SH~SHZIPI HOUSGS STREGS
PRIOR LAKE MN 1553721 6089 150
IPRIOR LAKE MN 55372 6063 150
PRIOR LAKE I MN 55372 15040 GREEN OAKS
PRIOR LAKE I MN 55372 0
STTYADI TRPLAT
ST SE PLAT-251260AKGLENN
ST SE PLAT-251260AKGLENN
TRL SE PLAT-25125 GREEN OAKS
PLAT-25125 GREEN OAKS
9/5/2003
PRL ~RE
-~--
1
O-L A
4
O-L A
Property owners adjacent to
Janick Property
6063 150th Street
~ -----
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GREEN OAKS TRl.
- ------------ ~
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CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
I PROJECT NAME:
I APPLICANT:
I PROPERTY OWNERS:
I CONTACT PERSON:
I
I PID#:
I LOCATION:
I EXISTING ZONING:
I COMPREHENSIVE PLAN:
I
I PROJECT REQUEST:
JANICK VACATION (6063 150TH STREET)
An application to vacate the existing storm sewer easement on
the property located at 6063 150th Street SE. A new storm
sewer easement has been granted.
City of Prior Lake
Anthony and Laura Janick
Larry Poppler, City of Prior Lake
SITE INFORMATION t'.' :
25-126-005-0
6063 150th Street SE . ,
R-1
R-L1MD
Review application.
Inl
I
I DISTRIBUTE TO:
I. Frank Boyles + Bud Osmundson
I. Sue Walsh + Sue McDermott
I. Ralph Teschner + Larry Pop pier
I + Chris Esser + Fire Chief
+ Bob Hutchins + Bill O'Rourke
+ Don Rye
+ Cindy Kirchoff
DNR - Pat Lynch
County Hwy. Dept.
MNDOT
SMDC
Mediacom Cable
APPLICATION FOR:
Administrative Land DiviSllon
Comprehensive Plan AmEmd.
Conditional Use Permit
Home Occupation
Rezoning
Site Plan
Preliminary Plat
PUD
Final Plat
Variance
+ Vacation
Minnegasco
Watershed Dist.
Telephone Co.
Electric Co.
Met. Council
Date Received 8/5/03 Date Distributed 8/19/03 Date Due 8/29/03
Complete Application 8/19/03 Date Distributed to 8/19/03 DRC Meeting 8/28/03
Date DRe
I Publication Date 8/23/03 Tentative PC Date 9/8/03 Tentative CC 9/15/03
Date
I 60 Day Review Date Review Extension
1:\03 files\03 vacations\city-janick\referral.doc
Page 1
I have reviewed the attached proposed request (Janick Vacation) for the following:
Water
Sewer
Zoning
Parks
Assessment
Policy
Septic System
Erosion Control
City Code
Storm Water
Flood Plain
Natural Features
Electric
Gas
Other
Recommendation:
Approval
Denial
Comments:
Signed:
Grading
Signs
County Road Access
Legal Issues
Roads/Access
Building Code
Conditional Approval
Date:
Please return any comments by Fridav. Auaust 28.2003, to
Jane Kansier, DRC Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (952) 447-9812
Fax: (952) 447-4245
e-mail: jkansier@cityofpriorlake.com
1:\03 files\03 vacations\city-janick\referral.doc
J
Page 2
.,./-...
. ..
~
I have reviewed the attached proposed request (Janick Vacation) for the following:
I
I
I
I
I
I
---- ==.
Grading
Signs
County Road Access
Legal Issues
Roads/Access
City Code
Storm Water
Flood Plain
Natural Features
Electric
Water
Sewer
Zoning
Parks
Assessment
Policy
Septic System
Erosion Control
.
Gas
Other
Building Code
Recommendation:
Denial
Conditional Approval
X Approval
Comments:
Y J'-O C;J-./'- ~/ () ~r"'-'V , _~~' C Q cl _ - II' ,-}... _~"........~~..Q \~(:. .
~. T,.J I ~ -~'" " ~. ) c' .~ :-L, L,J..,.." _r,,"..- <: .2--^....JU\ "~r--a-f- --......) c- <;
~. ~).L,---L- ~..."..1:.1. d ,_); ,._J,--:",~~,-->.,':'" --:: .-Q::;"'<:.L- -,-....20-.....:::1 ,
-+-0/'J .c;i y~./'r,.- ~;.<'._ ,...>f...... .. .~<c..tl./ r ' J.. t", ~d_t..:.' .'J ,~d
tA /"'f......-~., t ., .? "~,j.....:':. ..~ ~,......-_2_/..,.._:4 i: 4~~ /- -: ~ J/-..,...,3-.,;)d ~.--' ~
/'<) ." ~. d _'" -4 .
l.
Signed:
~..
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- ,;)
Date:
.:.
...
,
//'.--
Please return any comments by Fridav. Auaust 28.2003, to
Jane Kansier, ORC Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (952) 447-9812
Fax: (952) 447-4245
e-mail: jkansier@cityofpriorlake.com
1:\03 files\03 vacations\city-janick\referral.doc
Page 2
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--- Z.73. 41 --- --~
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.\ p(H'lllanimt easument to in:;tallltld 1ll1int:dn ,1 ;jt.orm :iewer OV8r ,mt1 dCrO~jS thClt p,1rt of OIJtlot ".\"
pLlt of Ord~GL:i;lm, 0COtt Gounty, r,Hnn~;,;ot..t..l lyinl; 5,) feet. either ~idlJ of the folluwing ue:;cri\,>"j UI\\~
and itr', extension;; tihcreof: nel~inn.i.n.i\ at tht: ,)outh(~J;jt -corn~r or ~;lid Outlot "A" thf:lIC.' NorLh
18 rjei~I"';e.s, 1.8 minute;;, 1.4 [~econd:.. W\~st ~ di:5t<.Hlce of 79.2J r(~et; t...ilen...:e jJoI'th I) dl:,\ree;;, U3 lllin'J'-"",
.33 secorlJ~j :;;;:lst a dist'HICP of 78.57 feet tl"l the Nort,h lith! of 3.dJ Outl.ot "A" iJnd trl\.?r'J .r~r~r:dl.lLiIV.
For the purpoc,es of' thi.s de3cl'ipLiun the Zast Line of s d.Li Outlot "A" Wil:J L3Sllfil,!d to huv,J a
b\j(.lrin'f~ of North.
Also a temporlT'Y GOllstruction e'lS''JTnt;nt .l!ir.,r~ lJ.,)\l f'}'J~, \:ither :,ii.' uf' th.> It)OVf.~ J(~:>l:;'i~),'::i 11n'
::;;J i d t Hmpor:l ry (~;18nm(Jnt to ,~xp:i. rr~ on
May 1,
1 () ? g .
f twrdJ3' ('(,Mify that thi!l gun,'!',.. phtn. or n'I)(1f"!
,,:,. f11"'~ln'd hy fit(' "I' unl!Pr Ill" dirt.", ;<1I,""r.
~, ~I:n .nnd ,111I1 llllll 1I duh R':i!i~'('r('(l 1.:ll~J
, ~l 'l'~(lr under tlw lllWg of the St~II('(If !\tlllll-
('~()tll'L~ d:,/ .
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~';No. 31-M--QUIT CLAIM DEED
Minnesota Uniform Conveyancing Blanks (1978)
Corporation or Partnership
to Corporation or Partnership
No delinquent taxes and transfer entereO(Certificate
of Real Estate Value ( ) filed ( vi ~ot required
Certificate of Real Estate Value No.
~ ~ -,3. l' .20 tl.3
~
I ;;:J,;A..# unty Auditor
by Lf:r~~
Doc. No. T 144278
Vol. 103 Page 77 Cert. 34055
OFFICE OF THE REGISTRAR OF TITLES
SCOTT COUNTY. MINNESOTA
Certified Filed on05-29-2003 at 04:00
Deputy
Pat Boecl."lCIn, Registrar of Tilles
04
Fee: $20.00(3
STATE DEED TAX DUE HEREON:$ EXEM~
MAY 23, 2003
Date:
(reserved for recording data)
FOR VALUABLE CONSIDERATION,
Grantor(s), hereby conveys and quitclaims to
under the laws of the State of Minnesota
as follows:
Anthonv J. & Laura L. Janick. husband and wife. a married couole
City of Prior Lake . Grantee, a Municioal Corn oration
. real property in Scott County . Minnesota, described
A permanent easement to install and maintain a storm sewer over, under and across that part of Outlot "A" plat of
OAKGLENN, Scott County, Minnesota lying 5.0 feet either side of the following described line and its extensions
thereof: Commencing at the Southeast comer of said Outlot "A"; thence on an assumed bearing of west a distance of
20.68 feet to the beginning of the line to be described; thence North 5 degrees 29 minutes 21 seconds West a distance of
81.08 feet; thence North 11 degrees 16 minutes 2 seconds East a distance of 87.75 feet to the North line of said Outlot
"A" and there terminating. For the purposes of this description the East line of said Outlot "A" was assumed to have a
bearing North.
[)..5- Ja.1o- 005-0
(if more space is needed, conlinue on back)
together with all hereditaments and appurtenances belonging thereto.
Affix Deed Tax Stamp Here
By C cn-~.
:fuonYJZ' /L~ ~
Laura L.;Janick ,//
ST ATE OF MINNESOTA
COUNTY OF
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ss.
The foregoing was acknowledged before me this
by Anthonv J. Janick and T.,<j1,!Te T.,_ .T;lni c.k;
Jtke:
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day of l.llJ~
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m:nd
,200~
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e'.' TRISHA'.'U. ZEROnI'
-PIMa
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My Comi'nIIIIOn E...... Jan. 3j. 200
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SIGN URE ~~ING ACKNOWLEOOMENT
Tax Stalements for the real property described in this instrument should be sent
to (Include name and address of Granlee):
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
. .
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS):
{ity of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Eng: LP
City of Prior Lake
16200 Eagle Creek Ave. SE
Prior Lake, MN 55372
JANICK EASEMENT.DOC
PURCHASE ORDER
CITY OF
PRIOR LAKE, MINNESOTA
(952) 447-4230
Fax: 447-4245
NO.
IMPORTANT - This no. MUST appear on all
packages, packing slips, shipping papersf
invoices & correspondence.
The Center of the Lake Country
INVOICE
TO:
City of Prior Lake
16200 Eagle Creek Ave. S. E.
Prior Lake, Minnesota 55372
SHIP
TO:
(Same as "Invoice To" unless otherwise noted helow)
PURCHASE FROM:
ur-( of f('1D~ lA~f-..
I ~ tm ~N.~ GR..tI::.K. Avr.. S ~
.p~'i.j)A. \.-A.~'t; \fr\~ ss ~"1-.
DATE ~ Il-J f () "'::>
IMPORTANT
QUOTE THIS ORDER NUMBER ON INVOICE
QUAl'IUl i DESCRIPTION
t\PfJ~SLA\-rw0( t.f. fo<. f\'S~
V k..-1\'"'\1-o 0
UNIT PRICE TOTAL
'1-00.<.:0 to 0 .(;0
REMARKS
:1A1J.lGf\
flbAf A/J/ Yl2.
~(j-.:tI 05- q c/-
i.-v~ ,
~E:E. OJ ~\\lC~
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TOTAL ORDER
1.00 . (j)
ORDERED BY:
APPROVED BYj _ n rf-
--5(;~ ~~D~PARTMENT HEAD
APPROVED BY:
TO BE USED FOR:
Dept. Acct. #: ~ 0 I - 'T ~ ~ S- '1 - s ~ ~.
CITY MANAGER
CASH 0 CHARGE 0
REMARKS:
NOTE: The City is not subject to penalty for late
payment on bills.
White - Vendor
5'0 1- <...{ % 5 $' l..f - s.: i Yellow - Receiving
Pink - Accounting & Purchasing