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HomeMy WebLinkAbout6A - Lakefront Park Access DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT ~ 6A ,'\ /\.\ FRANK BOYLES, CITY MANAGER \. ^ /\ CONSIDER RESTRICTIVE COVENAN"t ON LAKEFRONT PARK ACCESS AS REQUESTED BY DAVID AND DOROTHY WATZL NOVEMBER 1, 1993 ~ The purpose of this agenda Item Is to determine whether the Council wishes to enter into a restrictive covenant which would be placed on the deed of the home owned by David and Dorothy Watzl 15608 Red Oaks Road S.E. and City owned property known as Lakefront Park. Read literally, the covenant would forever restrict the use of the trail access from Red Oaks Trail to Lakefront Park (Watzl's Point) to vehicular access for the following purposes only: 1. Park maintenance vehicles. 2. Emergency vehicles The Council needs to determine: 1. What types of access must be provided by this trail, and 2. How best to provide or limit the access to meet City needs while addressing resident concerns. Mr. Watzl has asked that this item be considered at the November 1 City Council meeting. This issue dates back to the acquisition of the Watzl property in 1976. According to the Watzl's, the purchase agreement included a verbal commitment that the city would restrict the use of the access immediately adjacent to the Watzl property for park maintenance and emergency vehicle access only. This commitment was not confirmed in a written purchase agreement. Instead, Mr. Watzl indicates that he has a letter from the then Mayor, Wally Stock, and then Park and Recreation Committee Member, Peter Patchin (I do not have a copy of these letters) confirming that the access restrictions were part of the agreement. The City Council last considered this issue on May 4, 1992. After considerable discussion, the Council directed that the City Attorney determine whether or not parcels adjacent to the Watzl's have been accorded deeded access to the lake through this trail. The attorney has investigated this issue and has not found deeded access recorded at the County Courthouse (see attached letter dated September 17, 1992). Larry Anderson has spoken to one individual who claims to have such rights. We have asked that individual to supply us with a copy of his deed. If one property has such rights I suspect that there are more. Given ADA requirements, one of the City's central concerns has been to provide adequate handicapped access to park facilities. This trail access initially served this purpose. In considering the issue of handicapped access last year, the City constructed a separate entrance road to the park to allow for handicapped access by vehicle. That access road is not blacktopped and is subject to erosion caused by significant grade change. This road can be used by handicapped persons in vehicles to gain access to the handicapped parking stalls located immediately adjacent to the Watzl point park shelter. As such, it reduces the need for the Red Oaks Trail for handicapped access. -1- 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 93-97 RESOLUTION AUTHORIZING RESTRICTIVE ACCESS TO WATZL'S POINT FROM RED OAKS LANE IN LAKE FRONT PARK MOTION BY: WHEREAS. WHEREAS, WHEREAS, WHEREAS, SECONDED BY: the City of Prior Lake entered into a purchase agreement to acquire property from the Watzl family for park purposes, and; David and Dorothy Watzl residing at 15608 FRed Oaks Lane, S. E. have requested that the City restrict access through a trail on City property adjacent to their homestead, and; the City of Prior Lake is required to provide handicapped, emergency and maintenance access to all of its public facilities, and; the City of Prior Lake must consider its obligations to all citizens as well as the rights of the Watzls. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that the City does hereby restrict the access to Lakefront Park from Red Oaks Lane in accordance with the following: 1. Access is explicitly restricted for snowmobiles, all terrain vehicles, motorcycles, and vehicles unless such access is by a handicapped person in a vehicle, emergency vehicles or maintenance vehicles or a vehicle operated by or on behalf of a property owner whose property has been granted access to the lake through this property. 2. The access shall remain public and open to walkers, joggers, bikers, in line skaters and the like. 3. The City shall retain and maintain the existing barriers and gate on this access. 4. The property owner shall not in any way inhibit the appropriate use of the access by any party. 5. The access shall be available for use during regularly scheduled park hours. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 A"l EQUAL OPPORTUNITY EMPlDYER Passed and adopted this 1st day of November, 1993. YES NO Andren Fitzgerald Kedrowski Scott White Andren Fitzgerald Kedrowski Scott White Frank Boyles City Manager City of Prior Lake {Seal} AS93116. WRT I Lommen, Nelson, Cole & Stageberg, ~A. ATIORNEYS AT LAW LEONARD T. JUSTER. HENRY H. PEIKEMA ALVIN S. MALMON RONALD L. HASICVrI"Z PHlWP /I. CXlLE t MARl N. STAOEBERG t ROOER V. STAOEBERG OLENN R. KESSEL THOMAS R. JACOBSON t JOHN N. OIBLIN . JOHN R. NdIIUDE . J. CHJUSTOPHER CUNEO THONAS P. DOUGHERTY STACEY A. DeULB t:A Y NORD HU,," RICHARD L. PLAGENS MICHAEL P. SHROYER. EHRICH L.IOCH MAROIE R. BODAS JANES tot. LOCKHART STEPHEN C. RA 1liKE leoo 105 CENt1!R IlO SOV'Tli ElGtfIli S'I1lEET . MINNEAPOus. MINNESOTA H~ TEU!J>HONE (612) :UUUI M~ WATS Une 1_'7S~ FAX (612) 3.l9-<<l64 JOEL W. LAVINTMAN PAUL L. DINGER UNC S. DE11!R . SHERRI D. ULLAND MARLENE S. GARV)S JD HAAS. REID R. UNDOUIST JAMES C. SEARLS JAMES R. JOHNSON TERRANCE W. MOORE UNOA G. AXI!lJtOD CRAIG D. KlAUSING NARC A. JOHANNSEN ANGElA W. AlUN PA'tllJa R. McDERMOTI ADAM LEVrrsKY STEVEN L. niEESFELD BARR Y A. O'NEIL SOl1lliSlDE OFFICE PlAZA, SUITE 2A 18tO CRI!S1VJEW DRIVE . HUDSON. WISCONSIN 54010 TEU!J>HONE (715) 3I6-Ct7 110m City Une (612) ~ FAX (715) 3I6-Ct9 REPLY TO: MINNEAPOUS OffiCE WRrrER'S DIRECT DIAL NUMBER: . Cerliried Civil Tri., Speci.lilt . Cerliried Rell En.le Specialilt 336-9338 OF C'OlJNSFI . V. OWEN NEl.SON JOHN P. LOMMEN (19~7.1988) WYMAN SMITH (Retired) MARK SULLIVAN (Rcllrctl) September 17, 1992 Norbert B. Traxler, Esq. O'Neill, Traxler & Zard, Ltd. Law Building 222 East Main Street PO Box 106 New Prague, MN 56071 RE: Your Client: Dave Watzl Dear Mr. Traxler: My examination of the records and the tract index at the Scott County Recorder's office did not disclose any easements or covenants or roadway access benefiting any property owners, including your client, for access to Prior Lake at Watzl's Point. The only reference to any private road for the benefit of property owners was listed in Lots 1 through 5 of Watzl's Point, which lots were subsequently acquired by the City of Prior Lake. Those references in the deeds were for the benefit of just the lots in Watzl's Point. Other than a small portion of property owned by you adjacent to the Red Oaks Addition, evidenced by Certificate No. 13257 and the property owned by your client, evidenced by Certificate of Title No. 12430, the City of Prior Lake, is the principal owner of real estate in this area. However, Hannen is listed as owning a 25 foot strip of property adjacent to your client's property as well as your property, as evidenced by Certificate I Lommen, NeI.oa. Cole" Staaeberg. P.A. Norbert B. Traxler, Esq. September 17, 1992 Page 2 of Title No. 13465. There appears to be a gap between this 25 foot strip of property and the road adjacent to Red Oaks Addition. If the 25 foot strip of Hannen's property is currently being used for road access to your client's property, you may want to explore the gap in his access. Very truly yours, LOMMEN, NELSON, COLE & STAGEBERG, P.A. Glenn R. Kessel GRK/blr cc: Mr. David Unmacht (M\T. 4/10/92) RESTRICTIVE COVENANTS THIS AGREEMENT, entered into this 4th day of May, 1992, by and between DAVID WATZL and DOROTHY WATZL, husband and wife, hereinafter referred to as WATZLS, and the CITY OF PRIOR LAKE, hereinafter referred to as CITY. WHEREAS, WATZLS are the owners of the following described property to-wit: Lots 1, 2, and 3, Red Oaks Addition to the City of Prior Lake, according to the plat recorded thereof, Scott County, Minnesota. WHEREAS, The CITY is the owner of property described as follows, to-wit: Lots 1 through 5, Watzl' s Point Addition to the City of Prior Lake, Scott County, Minnesota. WHEREAS, The property owned by the CITY is incorporated into a park known as "Lakefront Park", and said CITY requires access for maintenance of the facilities within Lakefront Park, where said access is, in part, common with the WATZLS' residence driveway, and WHEREAS, The parties have reached an agreement as to the scope of said access. NOW, THEREFORE, IT IS AGREED That the CITY shall use the access to Lakefront Park which passes adjacent to that property owned by WATZLS to allow for ingress and egress of personnel and vehicles to allow for maintenance and access of the facilities located within Lakefront Park, and to further grant necessary emergency vehicular traffic right of ingress and egress. 1 The entrance shall remain a public park entrance, however, it shall be limited to the ingress and egress of maintenance and emergency vehicles as prescribed above. To limit the access, the CITY agrees to install and maintain a permanent and secured gate at a location agreed upon by both parties which prevents unauthorized vehicular traffic from entering the park. The parties agree that these restrictions shall remain unless and until modified in writing by the mutual consent of the parties hereto or their successors, heirs or assigns. David Watzl Dorothy Watzl CITY OF PRIOR LAKE BY: Mayor City Manager STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 1992, by David Watzl and Dorothy Watzl. Notary Public 2 STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 1992, by and , the Mayor and City Manager respectively, for and on behalf of the City of Prior Lake. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Norbert B. Traxler O'NEILL, TRAXLER & ZARD, LTD. Attorneys at Law 222 East Main Street P. O. Box 105 New Prague, Minnesota 56071 3