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HomeMy WebLinkAbout8D - Vacation of Road Right-of-Way - Spring Lake Townsite MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: FINANCIAL IMPACT: CITY COUNCIL AGENDA REPORT AUGUST 21, 2006 8D JANE KANSIER, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION VACATING A PORTION OF THE ROAD RIGHT-OF-WAY ADJACENT TO CITY-OWNED AND COUNTY- OWNED PROPERTY IN BLOCKS 20 AND 21, SPRING lAKE TOWNSITE 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 the City and County owned property located on the west side of Northwood Road and a block north of CSAH 12. 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 The City of Prior lake and Scott County own 9 lots, described as lots 10-12, Block 20, and Lots 7-12, Block 21, Spring lake Townsite. Although platted, these lots are not buildable since they consist entirely of wetlands. The lots were acquired by the City through tax forfeiture. The City and County are working to resolve some encroachments by private property owners on Spring Lake Regional Park. As part of this process, the City and the County are proposing to add these wetland parcels to Spring lake Regional Park. There is also dedicated right-of-way adjacent to these parcels that could be vacated and attached to the park. On July 17, 2006, the Prior Lake City Council initiated the vacation of a portion the subject right-of-way. Current Circumstances The Planning Commission considered this request on August 14, 2006. The Planning Commission recommended approval of the vacation. One of the goals of the Comprehensive Plan is to "provide suitable passive open space for the preservation of the natural environment and the enjoyment of residents." One of the policies to meet this goal is "retain natural ponding areas and wetlands, as appropriate." The existing right-of-way consists entirely of wetlands. The vacation of this right-of-way will allow this property to be transferred to Scott County as part of the Spring lake Regional Park. There is no public need for the portion of right-of-way to be vacated. In addition, the vacation will further protect the existing wetlands. There is no financial impact as a result of this vacation. www.cityofpriorlake.com PncU'leOO2 ;4;40:~ 96*on/, ,Fax 9&2.440.9678 ALTERNATIVES: RECOMMENDED MOTION: Reviewed by: 1. Adopt a Resolution approving the vacation. 2. Direct staff to prepare a resolution denying the vacation. 3. Continue this item to the September 5, 2006, City Council meeting. A motion and second to adopt a resolution approving the vacation of the existing right-of-way adjacent to the City and County-owned property on Blocks 20 and 21, Spring Lake Townsite. Approval of the resolution vacating this easement requires 4/5 vote of all of the members of the City Council. CJ t Frank BOYleS'Va ager ..... A RESOLUTION PROVIDING FOR THE VACATION OF ROAD RIGHT-OF-WAY ADJACENT TO CITY-OWNED AND COUNTY-OWNED PROPERTY IN BLOCKS 20 AND 21, SPRING lAKE TOWNSITE Motion By: Second By: WHEREAS, The City Council initiated the vacation of a portion of the existing road right-of-way adjacent to the City and County-owned property in Blocks 20 and 21, Spring lake Townsite, legally described as follows: That part of the north half of Center Street, Spring lake Townsite, lying westerly of the southerly extension of the east line of lot 12, Block 21 and easterly of the southerly extension of the west line of lot 10, Block 20, Spring lake Townsite, according to the plat thereof on file and of record in the Office of the Register of Deeds, Scott County, Minnesota. That part of Tenth Street, Spring lake Townsite, lying northerly of Center Street according to the plat thereof on file and of record in the Office of the Register of Deeds, Scott County, Minnesota. The alley located in Block 21, Spring Lake Townsite, according to the plat thereof on file and of record in the Office of the Register of Deeds, Scott County, Minnesota and 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 Monday, August 21, 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, All of Blocks 20 and 21, Spring lake Townsite and the adjacent right-of-way are wetlands; and WHEREAS, The City of Prior Lake and Scott County are the sole owners of these properties; and WHEREAS, The City of Prior lake and Scott County would like to add these properties to Spring Lake Regional Park. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCil OF PRIOR LAKE, MINNESOTA as follows: .~l&~Nl?f,l?riorlake.com Phone 952.440.9675 / Fax 952.440.9678 1. The recitals set forth above are incorporated herein. 2. The City Council of Prior lake has determined that the vacation of said right-of-way would be in the public interest. 3. Pursuant to Minnesota Statues 412.851, the following described right-of-way is hereby vacated: legal Description: That part of the north half of Center Street, Spring lake Townsite, lying westerly of the southerly extension of the east line of lot 12, Block 21 and easterly of the southerly extension of the west line of Lot 10, Block 20, Spring Lake Townsite, according to the plat thereof on file and of record in the Office of the Register of Deeds, Scott County, Minnesota. That part of Tenth Street, Spring lake Townsite, lying northerly of Center Street according to the plat thereof on file and of record in the Office of the Register of Deeds, Scott County, Minnesota. The alley located in Block 21, Spring lake Townsite, according to the plat thereof on file and of record in the Office of the Register of Deeds, Scott County, Minnesota PASSED AND ADOPTED THIS 21ST DAY OF AUGUST, 2006. YES NO Haugen Dornbush Erickson I LeMalr I Millar Haugen Dornbush Erickson LeMalr Millar Frank Boyles, City Manager L:\06 FILES\06 VACATIONS\Spring Lake Park\vacation resolution.DOC "" 3Wnos :mBr1d L L--- ./ :;;;:............/... "i"" .,....., y '''v y..~ h"'V y Y y v... y y....,..."' y y.; ,".I' OJ'''' y...... v,.1:" y'" v y... ...:' ,v... v y v... y y y v ... v v v...7 .... y y y"6.- '":v...v.~ yo v yo../ y y' .~~ ~HVS~ tt . 'oe~ - O<y -- $~ ~~&~~ ~o ~ petBOB^ eq Ot ^BM-lO-tLl6!~ / // //'/ de 1\1 UO!le~Ol