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HomeMy WebLinkAbout05(K) - Resolution Approving a Registered Land Survey (RLS) at 14145 Shady Beach Trail NE Report ITEM: 5K CITY COUNCIL AGENDA REPORT MEETING DATE: August 25, 2026 PREPARED BY: Jake Skluzacek, Planner PRESENTED BY: Casey McCabe, Community Development Director AGENDA ITEM: Resolution Approving a Registered Land Survey (RLS) at 14145 Shady Beach Trail NE RECOMMENDED ACTION: Approval of a resolution approving a Registered Land Survey (RLS) at 14145 Shady Beach Trail NE. A Registered Land Survey is a survey performed for the identification of registered (or Torrens) lands in accordance with the requirements of Minnesota Statutes. BACKGROUND: Highmark Builders on behalf of property owner, Jason Haus, have applied for and received approval of a Combined Preliminary and Final Plat to be known as Haus Addition. A public hearing was held before the Planning Commission on July 6, 2026 where the Planning Commission unanimously recommended approval of the combined preliminary and final plat. The combined preliminary and final plat was approved by the City Council on July 14, 2026. In addition to the combined preliminary and final plat, the approval resolution also authorized City staff to process an administrative land subdivision and combination to split and exchange approximately 566 sq. ft. between the 14145 and 14143 Shady Beach Trail NE parcels. The purpose of the administrative lot split and combination is to allow a driveway serving the 14143 Shady Beach Trail parcel to be located entirely upon that parcel and for an even exchange of land area back to the 14145 parcel. Current Circumstances Following City Council approval, the Scott County Surveyor and Registrar of Titles informed the applicant that the County would require a RLS be completed prior to approving the administrative subdivision/combination because a portion of the property proposed for subdivision at 14145 Shady Beach Trail NE is Torrens. There are no changes proposed to the previously approved Haus Addition subdivision. This action is merely a procedural step required to allow the property transfer as originally proposed and approved. Instead of completing the administrative land subdivision via metes and bounds legal description, the applicant is proposing to record a RLS identifying Tract A and Tract B; Tract B includes the area covered by the adjacent property owner’s driveway and will be the land area exchanged with the adjacent property owner. Conclusion Prior Lake City Code Subsection 9-166 (c) states that all registered land surveys in the City shall be processed in the same manner as a combined preliminary and final plat application. In accordance with the standards set forth in the Subdivision Code for combined preliminary plat and final plat applications, the Planning Commission shall first approve the arrangement, sizes and relationships of proposed tracts in such registered land surveys, and tracts to be used as easements or roads should be so indicated. Unless a recommendation and approval have been City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 5K Page | 2 obtained from the Planning Commission and City Council respectively, in accordance with the standards set forth in the Subdivision Code, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts unless so approved. , The Planning Commission held a public hearing on July 62026 to consider the arrangement, sizes and relationships of proposed tracts in the RLS under the City’s process for a combined preliminary and final plat for Haus Addition. There have been no modifications to the lot th arrangement, sizes or relationships of the proposed tracts since the July 6 public hearing, therefore the public hearing requirements have been satisfied. City staff recommends approval of the RLS with the following condition of approval: 1. The registered land survey shall be recorded at Scott County within 90 days of approval by the City Council. FINANCIAL IMPACT: None. ALTERNATIVES: 1. Motion and a second, as part of the consent agenda, approving the Registered Land Survey at 14145 Shady Beach Trail NE 2. Remove this item from the consent agenda for additional discussion. ATTACHMENTS: 1. Location Map 2. Registered Land Survey 3. Resolution of Approval 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 26-___ A RESOLUTION APPROVING A REGISTERED LAND SURVEY (RLS) AT 14145 SHADY BEACH TRAIL NE Motion By: Second By: WHEREAS, in accordance with Minnesota Statute, the Prior Lake Planning Commission held a public hearing regarding a Combined Preliminary and Final Plat known as Haus Addition on July 6, 2026; and WHEREAS, On July 14, 2026, the Prior Lake City Council considered the advice and recommendation of the Planning Commission and approved the combined preliminary and final plat and development agreement for a development known as Haus Addition; and WHEREAS, the July 14, 2026 approval resolution for Haus Addition required submittal of an administrative subdivision application to subdivide and exchange two 566 square feet parcels; and WHEREAS, following City Council approval, it was discovered a Registered Land Survey (RLS) would be required prior to approving the administrative subdivision due to the 14145 Shady Beach Trail NE parcel being Torrens; and WHEREAS, Prior Lake City Code Subsection 9-166 (c) states that all registered land surveys shall be processed in the same manner as a combined preliminary and final plat application; and , WHEREAS, on July 62026, the Planning Commission held a public hearing and considered the arrangement, sizes and relationships of proposed parcels under the City’s process for a combined preliminary and final plat for a development known as Haus Addition; and WHEREAS, there have been no modifications to the lot arrangement, sizes or relationships th of the proposed tracts since the July 6 public hearing, therefore the public hearing requirements have been satisfied; and WHEREAS, on August 25, 2026, the Prior Lake City Council considered and approved the RLS at 14145 Shady Beach Trail NE. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: THE REGISTERED LAND SURVEY AT 14145 SHADY BEACH TRAIL NE IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The registered land survey shall be recorded at Scott County within 90 days of approval by the City Council. Passed and adopted by the Prior Lake City Council this 25th day of August 2026. VOTE Briggs Braid Churchill Lake Hellier Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager C:\\Users\\hsimon\\AppData\\Local\\Temp\\Attach3_Res_678554\\Attach3_Res.docx 2 REGISTERED LAND SURVEY NO. ____ SURVEYOR'S CERTIFICATE I hereby certify that in accordance with the provisions of Chapter 508, Minnesota Statutes of 1949, as amended, I have surveyed the following described property in the County of Scott, State of Minnesota, to wit: Lot 20, CONROY'S BAY, Scott County, Minnesota and that part of Lots 18, 19, 21, and the Waterfront in said plat, together with that part of Government Lot 2, SECTION 30, TOWNSHIP 115, RANGE 21, Scott County, Minnesota, described as follows: Beginning at the intersection of the westerly extension of the north line of said Lot 19, with the west line of said Government Lot 2; thence easterly along said westerly extension a distance of 15 feet more or less to the northwest corner of said Lot 19, the same being the southwest corner of said Lot 18; thence North along the west line of said Lot 18, a distance of 40 feet more or less to the southwest corner of the north 10.00 feet of said Lot 18; thence South 89 degrees 08 minutes 21 seconds East, assumed bearing, along the south line of said north 10.00 feet a distance of 40.57 feet, thence South 49 degrees 07 minutes 44 seconds East a distance of 15.32 feet, thence South 09 degrees 07 minutes 06 seconds East a distance of 30.61 feet more or less to a point on the north line of said Lot 19, distant 72.00 feet westerly of the northeast corner of said Lot 19 (said point also being 57.01 feet easterly of the southwest corner of said Lot 18); thence continuing South 09 degrees 07 minutes 06 seconds East a distance of 160.43 feet more or less to a point on the southerly line of said Lot 21, said point distant 83.12 feet easterly of the southwest corner of said Lot 20 (as measured along the southerly line of said Lots 20 and 21); thence continuing South 09 degrees 07 minutes 06 seconds East to the shoreline of Prior Lake; thence westerly along said shoreline to its intersection with the west line of said Government Lot 2, thence North along said west line to the point of beginning. Also together with an easement for driveway purposes over that part of Government Lot 2, Section 30, Township 115, Range 21, Scott County, Minnesota, lying west of the plat of "Conroy's Bay", south of the westerly extension of the south line of Lot 15 of said plat and north of the westerly extension of the south line of the north 20.00 feet of Lot 19, of said plat. I hereby certify that this Registered Land Survey is a correct delineation of said survey. Dated this day of , 20 ______________________________________________________________ Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481 CITY COUNCIL, CITY OF PRIOR LAKE, MINNESOTA This Registered Land Survey was approved and accepted by the City Council of Prior Lake, Minnesota on this day of , 20 By: By: Mayor Clerk SCOTT COUNTY SURVEYOR I hereby certify that this Registered Land Survey has been reviewed and approved this day of , 20 . By: Scott County Surveyor SCOTT COUNTY AUDITOR/TREASURER: I hereby certify that the current and delinquent taxes on the lands described within are paid and the transfer is entered this day of , 20 . Scott County Auditor Scott County Treasurer Signed by: ____________________________, Deputy SCOTT COUNTY REGISTRAR OF TITLES I hereby certify that this instrument was filed in the office of the Registrar of Titles for record on this _________ day of _________________, 20____, at _____ o’clock, ___.M., and duly recorded as Document No. __________________________. By: Scott County Registrar of Titles SCOTT COUNTY, MINNESOTA SCALE IN FEET 0 20 40 BEARINGS ARE BASED ON THE WEST LINE OF GOVERNMENT LOT 2 OF SEC. 30, T. 115, R. 21 WHICH IS ASSUMED TO HAVE A BEARING OF S 00°41'38" W VICINITY MAP DENOTES FOUND OPEN 1/2 INCH IRON MONUMENT UNLESS OTHERWISE NOTED DENOTES SET 1/2 INCH BY 14 INCH IRON MONUMENT WITH CAP MARKED L.S. NO. 47481 DENOTES BEARING/DISTANCE FROM DESCRIPTION BENCHMARK: TOP NUT HYDRANT NORTH SIDE OF ROAD AT BEND IN SHADY BEACH TRAIL. ELEVATION = 913.62 (NAVD 88)