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HomeMy WebLinkAbout9C - Red Oaks Road - Resolution 99-120 MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT / f....f..... \,1 l~ . \ l NOVEMBER 1,1999 9C JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR 12.,0 CONSIDER APPROVAL OF RESOLUTION 99-Jt1 INITIATING THE VACATION OF A PORTION OF RED OAKS ROAD ADJACENT TO LOTS 27-37, RED OAKS I ~) r.I,',j IAi ~,\i ( History: Charlotte Roehr owns property located at 15322 Red Oaks -) Road. In July, 1999, Ms. Roehr received a variance to allow the construction of a new dwelling on this site not meeting the minimum i setbacks, and allowing a driveway width greater than 24 feet. Since \ this property is located in the Flood Plain, the existing road must be elevated to provide flood free access. Current Circumstances: Red Oaks Road is dedicated as a public road, although it is currently not improved to City standards. The question of how to deal with this situation was presented to the Council by Ms. Roehr's attorney at a forum earlier this year. The City Council directed staff to work with the property owner to find some sort of solution, There were basically three options available. The property owner could have petitioned the City to upgrade the road as a public improvement project. This would have required a petition from the owner, and the costs would have been assessed back to the adjacent property owners. The property owner could have also requested Council approval of a "Private Use of Public Property" agreement. The owner was concerned about the liability and indemnification issues involved in this agreement. Finally, the applicant could have requested the vacation of the road. However, there are other properties adjacent to Red Oaks Road at this location that must be guaranteed access, The staff agreed that if all three property owners adj acent to Red Oaks Road were to sign access easement agreements, we would look favorably on the vacation of this portion of road right-of-way. The staff also agreed to ask the City Council to initiate this vacation in order to save the applicant the cost of the application fee. !;\92fiJe!j\99.xac\99-069\9206.9c<;.",doc Page 1 16200 Eagle LreeK Ave. ~.L I-'rior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: The attached letter from Bryce Huemoeller, attorney for Ms. Roehr, notes that all three property owners have agreed on the form for the access easement. The letter requests the Council initiate this process. The Issues: Minnesota Statutes 412.851 allows the Council to initiate by motion the vacation of any easements or right-of-way. A motion to initiate the vacation will refer this matter to the Planning Commission and allow the staff to schedule a public hearing at the City Council. In addition, this action will eliminate the need for the property owners to file a petition and pay the application fee. Conclusion: The staff recommends the City Council initiate the vacation of this easement. Any issues will be identified during the reVIew process. The City Council has three alternatives: 1. Adopt Resolution 99-XX initiating the vacation of a portion ofthe Red Oaks Road right-of-way adjacent to Lots 27-37, Red Oaks. 2. Deny Resolution 99-XX. 3. Defer this item and provide staff with specific direction. Staff recommends Alternative #1. A motion and second as part of the consent agenda to approve Resolution 99-XX initiating the vacation of a portion of the Red Oaks Road right-of-way adjacent to Lots 27-37, Red Oaks. 1:\99files\99vac\99-069\99069cc,doc Page 2 /120 RESOLUTION 99-XX RESOLUTION INITIATING THE VACATION OF A PORTION OF THE RED OAKS ROAD RIGHT- OF-WAY ADJACENT TO LOTS 27-37, RED OAKS BY: SECOND BY: WHEREAS, Red Oaks Road adjacent to Lots 27-37, Red Oaks, is dedicated as a public road; and WHEREAS, this section of Red Oaks Road is not improved to City standards, and WHEREAS, the adjacent property owners wish to make some improvements to this road; and WHEREAS, in order to determine whether the vacation of this easement is or is not in the public interest, the City Council has initiated the vacation process by motion. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statues 412.851, the process for the vacation of a portion of the Red Oaks Road right-of-way adjacent to Lots 27-37, Red Oaks, is hereby initiated. Passed and adopted this 1 st day of November, 1999. MADER MADER KEDROWSKI KEDROWSKI PETERSEN PETERSEN SCHENCK SCHENCK WUELLNER WUELLNER YES NO Frank Boyles, City Manager City of Prior Lake {Seal} 1:\95J1iles'l99yac\99-069\rs99xAc.c..do.~. Page 1 16LUO Eagle Creek Ave, ::'.t.., Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ,/ \ \ _......:~'" HUEMOELLER & BATES ATTORNEYS AT LAW 16670 FRANKLIN TRAIL POST OFFICE BOX 67 PRIOR LAKE, MINNESOTA 55372 JAMES D. BATES BRYCE D. HUEMOELLER Telephone (612) 447-2131 Telecopier (612) 447-5628 October 19, 1999 Donald Rye Prior Lake Planning Director 16200 Eagle Creek A venue Prior Lake, MN 55372 VIA FACSIMILE and U.S. MAIL Re: Charlotte Roehr Dear Mr. Rye: This letter confirms that Charlotte Roehr and her neighbors, the Kists and the Finnegans, have agreed on the form of an easemeQt for access to their respective properties and would now request that the City of Prior Lake initiate the necessary proceedings to vacate the portion of the public road established in the plat of Red Oaks that is adjacent to Lots 27 to 37. A draft copy of the Declaration of Driveway Easement that wiII provide access to the Kist, Finnegan and Roehr properties is attached for your information. I am also enclosing a proposed legal description for the vacated road that you may want to use in the vacation proceeding. Call me with. any questions or with additional infDrmation that may be needed. I would appreciate being provided copies of the staff report and notices. ~ Bryce D. Huem~ BDH:jd Enclosure cc: Charlotte 1. Roehr Robert and Selma Kist Michael and Ann Finnegan !D) rn ~ [g 0 \IJ [g '~I ~I OCT 2 O~ ,~I >> DECLARATION OF DRIVEWAY EASEMENT This agreement is made effective October , 1999, by ROBERT P. KIST and SELMA KIST, husband and wife, MICHAEL G. HNNEGAN and ANN E. FINNEGAN, husband and wife, and CHARLOTTE L. ROEHR, a single person (the Kists, Finnegans and Roehr being collectively referred to herein as the "Declarants"). RECIT ALS A. The Kists are the owners of real property in Scott County, Minnesota,Jegally described as follows, to-wit: Lot 27, RED OAKS, Scott County, Minnesota, EXCEPT that part of said Lot 27 lying southwesterly of a line described as commencing at the most easterly corner of said Lot 27; thence southwesterly along the southeasterly line of said Lot 27 a distance of 77.90 feet to the point of beginning of the line to be described; thence northwesterly deflecting 71 degrees 16 minutes 31 seconds to the right a distance of 249.5 feet to the northwesterly line of said Lot 27, and said line there terminating. AND That part of the 20 foot Road adjacent to the northeasterly line of Lot 27, RED OAKS, Scott County, Minnesota, lying northerly of the northeasterly extension of the southeasterly line of said Lot 27, and southerly of the southeasterly extension of the most northerly line of said Lot 27. B. The Finnegans are the owners of real property in Scott County, Minnesota, legally described as follows, to-wit: Lot 28, RED OAKS, Scott County, Minnesota. AND That part of the 20 foot Road adjacent to the easterly line of Lot 28, RED OAKS, Scott County, Minnesota, lying northerly of the southeasterly extension of the southerly line of said Lot 28, and southerly of the southeasterly extension of the northerly line of said Lot 28. 1 C. Roehr is the owner of real property in Scon County, Minnesota, legally described as follows, to-wit: Lot 29, RED OAKS, Scott County, Minnesota, EXCEPT that part described as follows: Commencing at the southeast corner of said Lot 29, the same being the northeast corner of Lot 28 of said plat; thence North 68 degrees 21 minutes 42 seconds West (assumed bearing) along the southerly line of said Lot 29, a distance of 13.89 feet to the point of beginning of the land to be described; thence North 62 degrees 09 minutes 42 seconds West 157.47 feet to the westerly line of said Lot 29; thence South 32 degrees 00 minutes 40 seconds West-along said westerly line 17.29 feet to the southerly line of said Lot 29; thence South 68 degrees 21 minutes 42 seconds East 159.66 feet, along said southerly line to the point of beginning. AND Lots 30, 31, 32 and 33, RED OAKS, Scott County, Nlinnesota. AND That part of the 20 foot Road adjacent to the northeasterly and easterly lines of Lots 29 to 33, RED OAKS, Scott County, Minnesota, lying northerly of the southeasterly extension of the southerly line of said Lot 29 and southerly of the southeasterly extension of the northerly line of said Lot 33. NOW, THEREFORE, the Declarants hereby declare and establish a nonexclusive perpetual easement for ingress, egress, driveway and utility purposes, which shall be appurtenant and run with the title to each of the above described parcels (which are referred to herein individually as a "Parcel" and collectively as the "Parcels"), and subject to the covenants and charges herein, over, across and upon the following portions thereof (the "Driveway Easement"), to-wit: That part of the 20 foot Road adjacent to the northeasterly and easterly lines of Lots 27 and 28, RED OAKS, Scott County, Minnesota, lying northerly of the northeasterly extension of the southeasterly line of said Lot 27 and southerly of the southeasterly extension of the northerly line of said Lot 28. 1. IMPROVEMENTS, MAINTENANCE AND RESTORATION. (a) The owners of each of the Parcels shall perform, as and when such owners deem necessary, 2 and pay the cost of such improvements to and maintenance of the Driveway Easement as may be reasonably necessary for access to the owners' Parcel. (b) Restoration. If the Driveway Easement or any improvements thereto are damaged or destroyed by any cause, any owner who has use for the Driveway Easement may restore it. (c) Other Rights. Nothing in this Declaration shall prejudice the common law or statutory rights of any owner to recover from any other owner for negligent or willful acts or omissions. 2. LIMITATION. No owner of a Parcel shall cause or permit obstruction of or interference with the rights in or use of the Driveway Easement by any other owner. 3. GENERAL PROVISIONS. (a) Duration. This Declaration shall bind and inure to the benefit of each owner of the Parcels, and their respective heirs, successors and assigns, for a term of 20 years from the date it is fIled for record. Thereafter, this Declaration shall automatically renew for successive periods of 10 years. (b) Amendment. This Declaration may be amended with the written approval of all record owners of the Parcels. Any amendment shall be made in fIleable form and effective on the date fIled for record of fIling with the Scott County Registrar. (c) Plural. The singular shall include the plural, and plural may be read as singular, where appropriate, and unless the context otherwise requires. (d) Gender. The masculine gender may be read as the feminine gender or the neuter gender, where appropriate, and unless the context otherwise requires. (e) Liability. The obligations of the owners of the respective Parcels shall be joint and several, except where the context otherwise requires. (1) Enforcement. Any owner may enforce, by a proceeding at law or in equity, or both, any provision of this Declaration. The proceeding may seek to restrain the violation and to recover the damages resulting therefrom, together with the costs of the proceeding, including reasonable attorneys I fees. (g) Captions. The captions herein are inserted only for convenience and reference and do not limit the scope of this Declaration. 3 (h) Severability. Invalidation of any provision of this Declaration by any Court shall not effect the remainder hereof, which shall continue in full force and effect. ROBERT P. KIST MICHAEL G. FINNEGAN SELMA KIST ANN E. FINNEGAN CHARLOTTE L. ROEHR STATE OF MINNESOTA) )8S. COUNTY OF ) This Declaration of Driveway Easement was acknowledged before me on this _ day of , 1999, by Robert P. Kist and Selma Kist, husband and wife. Notary Public STATE OF MINNESOTA) )S8. COUNTY OF ) This Declaration of Driveway Easement was acknowledged before me on this _ day of , 1999, by Michael G. Finnegan and Ann E. Finnegan, husband and wife. Notary Public 4 STATE OF MINNESOTA) )ss. COUNTY OF ) This Declaration of Driveway Easement was acknowledged before me on this _ day of , 1999, by Charlotte L. Roehr, a single person. Notary Public This instrument was drafted by: HUEMOELLER & BATES 16670 Franklin Trail Prior Lake, MN 55372 5 LEGAL DESCRIPTION FOR VACATED ROAD That part of the 20 foot Road adjacent to the northeasterly, easterly and southeasterly lines of Lots 27 to 37, RED OAKS, Scott County, Minnesota, lying northerly of the northeasterly. extension of the southeasterly line of said Lot 27 and southerly of the southeast line of said Lot 37.