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Home My WebLink AboutVC95-06 Vacation RESOLUTION 95-91 RESOLUTION PROVIDING FOR THE VACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED BETWEEN LOTS 1 AND 2, AND LOTS 2 AND 3, BLOCK 2, SECOND ADDITION TO WESTBURY PONDS MOTION BY ANDREN: SECOND BY: SCOTT WHEREAS, a petition for to vacate a Drainage and Utility Easements located between Lots 1 and 2, and Lots 2 and 3, Block 2, SECOND ADDITION TO WESTBURY PONDS, has been duly presented to the City of Prior Lake, signed by a majority of the owners of the property abutting the following described Drainage and Utility Easements situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: 5.00 foot utility and drainage easements contained within the easterly 5,00 feet of lot 1, Block 2, SECOND ADDITION TO WESTBURY PONDS, Scott County, Minnesota, and the westerly 5,00 feet of lot 2, Block 2 of said plat lying southerly of the northerly 10,00 feet of said Lots 1 and 2, and lying northerly of the southerly 10,00 feet of said lots 1 and 2, AND All that part of the platted 5,00 foot utility and drainage easements contained within the easterly 5,00 feet of Lot 2, Block 2, SECOND ADDITION TO WESTBURY PONDS, Scott County, Minnesota, and the westerly 5,00 feet of Lot 3, Block 2, of said plat lying southerly of the northerly 10.00 feet of said Lots 2 and 3, and lying northerly of the southerly 10,00 feet of said Lots 2 and 3, WHEREAS, notice of the hearing on said petition 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, September 18, 1995, at 7:45 p,m, 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 16200 E:~Pe'~~eek Ave, S,E" Prior Lake, Minnesota 55::h2-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER WHEREAS, the City Council of Prior Lake has determined that the vacation of said Drainage and Utility Easements would be in the public interest. NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statues 412.851, the above described Drainage and Utility Easements situated in the City of Prior Lake, Scott County, Minnesota is hereby vacated. BE IT FURTHER RESOL YED that this Resolution will be forwarded to the Office of the County Recorder, Scott County, for appropriate action, Passed and adopted this 18th day of September, 1995, YES NO ANDREN X ANDREN GREENFIELD Absent GREENFIELD KEDROWSKI X KEDROWSKI SCHENCK X SCHENCK SCOTT X SCOTT { Seal} Doc, 366328 \~~. ~, OE"FICE OE" T SCOTT COUN~E MCOI~~TY RECORDER Pi trt ~ ' ,NNESOTA t Eo -!d3'i19!tt)nd or Recorded 0:: .~ 110 A , <'atB ~/ ~ oeCkman, County Recorder by Deputy "RS9586" 2 AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: ALTERNATIVES: STAFF AGENDA REPORT 6C R. MICHAEL LEEK, ASSOCIATE PLANNER PUBLIC HEARING TO CONSIDER RESOLUTION 95-91 APPROVING VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN LOTS 1,2 AND 3, BLOCK 2, SECOND ADDITION TO WESTBURY PONDS SEPTEMBER 18, 1995 The purpose of this public hearing is to consider a petition by Fairview Hospital and Healthcare Services to vacate the Drainage and Utility Easements platted within Lots 1, 2 and 3, Block 2, SECOND ADDITION TO WESTBURY PONDS, (See attached map for reference to the vacation subject site), The applicant filed the vacation petition in order to allow for the combination of Lots 1, 2 and 3, Block 2, SECOND ADDITION TO WESTBURY PONDS into one buildable lot. Staff mailed notice to all affected property owners and utility companies, No objections were raised regarding the proposed easement vacation. In a vacation request, the City must determine whether there is a public need or anticipated future need for the dedicated property, In this case, a medical clinic will be constructed over the common property line therefore, there is no public need for the existing easement. The recommendation from staff is to approve attached Resolution 95-91 authorizing the vacation of the easement as legally described therein, 1, Approve Resolution 95-91 authorizing the vacation of the easements platted between Lots 1, 2 and 3, Block 2, SECOND ADDITION TO WESTBURY PONDS as legally described therein, 2, Table or continue this item for further information as per Council discussion, 3, Find a public need to retain the easement and deny the 16200 Eagle Creek Ave, S,E" Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER petition for vacation, RECOMMENDATION: Alternative #1. ACTION REQUIRED: A motion to adopt Resolution 95-91, the public hearing is required, CITY OF PRIOR LAKE APPLICATION FOR 5TRE~, ALLEY AND UTILITY VACATION vc q; - Ob PIDt~~' 1^Yi - c/:FJ- 0 COf9--0 (X)7-D G-t:::) Applicant: Fairview Hospital and Healthcare Services Address: 2450 Riverside Avenue South, Minneapolis, Minnesota 55454 ~Phone: (612) 672-6963 (Ray Piirainen) ~~ Property Owner: Same as above Address: Bane Phone: W:>rk Phone: Leqal Description of Site to be Vacated: Utility easements between Lots 1, 2, and 3, Block 2, SECOND ADDITION TO WESTBURY PONDS ~ason for Bequest: (May Attach) To combine 3 lots under a common property identification number per City of Prior Lake requirement. SJBMISSION REDUIREMENl'S: (A) Completed Application ferm. (B) Complete Legal description & Property Identification NuJrber (PID). (C) 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 prop:>sed vacation site. (E) Certified &1rvey of the prop:>sed vacation site. (F) Filing Fee. ONLY COMPLETE APPLICATIONS fW\LL BE, RE.VIEWED BY THE CI'fi ~. ~ ts Si~ture Raymo . Piiraine~, Ass't Prop. Dir. ~~ Fee Owners Signature ~ Date '!HIS SEX:TION '10 BE FILLED OUT BY THE PLANNIN; DIREX:TOR CDNDITIONS: X APPRCNED DENIED . put 1..J.41J1ohC41 qS - 9/ 9" /1-- q6" HFARIN; MTE CI'fi CDUN:IL --1J.Mso t ~~ DO ect J.gna ure 0 e ann1ng J.r or 9-19,.'1 ) Date AFF:tDAVJ:'l' OF SERVJ:CE BY MAJ:L COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) I of the City of Prior Lake, County of Scott (fit- the State~a, being duly sworn, says that on the day of , 1995, she served the attached list of persons to ha e interest in the ~laVtwJ VAU;/\oYl"Vl.,4S-o.h, by mailing 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 par~ies. Subscribed and sworn to me this day of I 1995. NOTARY PUBLIC AFFML CONN I e:.. ~ /~~ ~'d'~ ~;d~ J NOTICE OF PUBLIC HEARING TO CONSIDER VACATION OF INTERIOR DRAINAGE AND UTILITIES EASEMENTS ON LOTS 1,2 AND 3, BLOCK 2, SECOND ADDITION TO WESTBURY PONDS 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. (Southwest of the intersection of County Road 21 and Fish Point Road) on Monday, September 18, 1995, as at 7:45 p.m. or as soon thereafter as possible. The purpose of the hearing is to consider Item 6B, involving vacation of the following legally described property: Legal Description: 5.00 foot utility and drainage easements contained within the easterly 5,00 feet of lot 1, Block 2, SECOND ADDITION TO WESTBURY PONDS, Scott County, Minnesota, and the westerly 5,00 feet of lot 2, Block 2 of said plat lying southerly of the northerly 10,00 feet of said Lots 1 and 2, and lying northerly of the southerly 10,00 feet of said lots 1 and 2, AND All that part of the platted 5,00 foot utility and drainage easements contained within the easterly 5,00 feet of Lot 2, Block 2, SECOND ADDITION TO WESTBURY PONDS, Scott County, Minnesota, and the westerly 5,00 feet of Lot 3, Block 2, of said plat lying southerly of the northerly 10,00 feet of said Lots 2 and 3, and lying northerly of the southerly 10,00 feet of said Lots 2 and 3, or more commonly known as the vacation of the platted, interior drainage and utilities easements. If you wish to be heard in reference to these vacations, 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 447-4230, Prepared this 30th day of August, 1995 by: R, Michael Leek Associate Planner TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN SEPTEMBER 8, 1995, AND SEPTEMBER 15, 1995, 16200 Eagle Creek Ave, S,E" Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER SKETCH PREPARED FOR: FAIRVIEW C/O RAYMOND E, PIIRAINEN 2312 S SIXTH STREET MPLS MN, 55454 Valley Surveying Co., F?A. SUITE 120-C. 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE. MINNESOTA 55372 TELEPHONE (6/2) 447 - 2570 l' S1' R EE ~ ~ooo ~\\...V>~ SIOCk Z R =606,67 --..... . \ , ~;\~ ".o~ \ "'u"'ll' \ \ yzO: Os\ (f' ,....- f>'!I' "-.tl 1- '2.\ \, . \f> <a'ocv. .' 0 ",0 &10. ,. Sf>~ . \,1- eft \0' \\l\~ s'\1 A request to vacate all that part of the platted 5.00 foot utility and drainage easements contained within the easterly 5.00 feet of lot 1, Block 2, SECnID ADDITION TO WESTBURY PONDS, Scott County, Minnesota, and the westerly 5.00 feet of Lot 2, Block 2 of said plat lying southerly of the northerly 10.00 feet of said Lots 1 and 2, and lying northerly of the southerly 10.00 feet of said Lots 1 and 2. AND All that part of the platted 5.00 utility and drainage easements contained within the easterly 5.00 feet of Lot 2, Block 2, SECnID ADDITION TO WESTBURY PCmlS, Scott County, Minnesota, and the westerly 5.00 feet of Lot 3, Block 2. of said plat lying southerly of the northerly 10.00 feet of said Lots 2 and 3, and lying northerly of the southerly 10.00 feet of said Lots 2 and 3. ." - < rrI x )> ~ " : z U) ~~ :-,. OlD ~-- ,1\1 , = 'IT! ~ < rrI , , I UNIVERSAL TITLE 14180 Commerce Ave, N,E" #107 Prior Lake, MN 55372 (612) 447-7949 (612) 447-7950 FAX L~" ~ August 23, 1995 Fairview Hospital and Healthcare Services 2312 South Sixth Street Minneapolis, MN 55454 Attention: Raymond E. Piirainen Re: 100 FOOT RADIUS SEARCH FOR THE lANDS DESCRIBED AS FOllOWS: lots 1, 2, and 3, Block 2, 2ND Addition to Westbury Ponds FILE NUMBER: 77-03789E Dear Raymond E. Piirainen: We have examined the records in the office of the County Recorder, Scott County, Minnesota and have found the following persons to have an interest in the property within a 100 foot radius of the above described property. 1. Faith Evangelical 16840 Hwy 13 So Prior lake, MN 55372 Parcel #25-902104-0 656.05 FT X 300 FT X 795.94 FT to POB in Wi of swt IN SECTION 2 TOWNSHIP 114 RANGE 22 2. Westbury Development 12433 Princeton Ave So Savage, MN 55378 Parcel #25-309001-0 lot 1, Block 1, 2ND Addition to Westbury Ponds 3. Westbury Development 12433 Princeton Ave So Savage, MN 55378 Parcel #25-309002-0 lot 2, Block 1, 2ND Addition to Westbury Ponds 4. Westbury Development 12433 Princeton Ave So Savage, MN 55378 Parcel #25-309003-0 lot 3, Block 1, 2ND Addition to Westbury Ponds 5. Westbury Development 12433 Princeton Ave So Savage, mN 55378 Parcel #25-309004-0 lot 4, Block 1, 2ND Addition to Westbury Ponds . . 6. Fairview Hospital & Health 2312 6 ST SO MPLS, MN 55454 Parcel #25-309005-0 Lot 1, Block 2, 2ND Addition to Westbury Ponds 7. Fairview Hospital & Health 2312 6 ST SO MPLS, MN 55454 Parcel #25-309006-0 Lot 2, Block 2, 2ND Addition to Westbury Ponds 8. Fair,view Hospital & Health 2312 6 ST SO MPLS, MN 55454 Parcel #25-309007-0 Lot 3, Block 2, 2ND Addition to Westbury Ponds 9. Westbury Development 12433 Princeton Ave So Savage, MN 55378 Parcel #25-309008-0 Outlot A, 2ND Addition to Westbury Ponds UNIVERSAL TITLE a Division of FIRST AMERICAN TITLE INSURANCE COMPANY [1. an.) nf 1( n..t.rP ) Authorized Signature UNIVERSAL 111l.E INSURANCE COMPANY ~ LICENSED ABSTRACTOR ~ STATE OF MINNESOTA NOTICE OF PUBLIC HEARING TO CONSIDER VACATION OF INTERIOR DRAINAGE AND UTILITIES EASEMENTS ON LOTS 1,2 AND 3, BLOCK 2, SECOND ADDITION TO WESTBURY PONDS 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. (Southwest of the intersection of County Road 21 and Fish Point Road) on Monday, September 18, 1995, as at 7:45 p.m. or as soon thereafter as possible. The purpose of the hearing is to consider Item 6B, involving vacation of the following legally described property: Legal Description: 5,00 foot utility and drainage easements contained within the easterly 5,00 feet of lot 1, Block 2, SECOND ADDITION TO WESTBURY PONDS, Scott County, Minnesota, and the westerly 5,00 feet of lot 2, Block 2 of said plat lying southerly of the northerly 10.00 feet of said Lots 1 and 2, and lying northerly of the southerly 10,00 feet of said lots 1 and 2. AND All that part of the platted 5.00 foot utility and drainage easements contained within the easterly 5,00 feet of Lot 2, Block 2, SECOND ADDITION TO WESTBURY PONDS, Scott County, Minnesota, and the westerly 5,00 feet of Lot 3, Block 2, of said plat lying southerly of the northerly 10.00 feet of said Lots 2 and 3, and lying northerly of the southerly 10,00 feet of said Lots 2 and 3. or more commonly known as the vacation of the platted, interior drainage and utilities easements. If you wish to be heard in reference to these vacations, 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 447-4230. Prepared this 30th day of August, 1995 by: R. Michael Leek Associate Planner C"f-5 ~~ --7 Minnegasco has no facilities within the above described area and has no objection to its vacation. Thank you for the advance notice. ~~~ steven Von Bargen V Real Estate Specialist Minnegasco August 8, 1995 Mr, Ray Piirainen Assistant Property Director Fairview Hospital and Health Services 2312 South Sixth Street Minneapolis, MN 55454-1395 RE: Fairview Clinic - Prior Lake Dear Ray: This is just a follow up to our telephone conversation today regarding information on the vacations for the Fairview Clinic in Prior Lake. You said you were going to contact Ron Swanson at Valley Engineering and determine whether he has completed the legal descriptions needed for the vacation of easements, I suggested you pick up the information from Valley Engineering and submit the information to the City so you have a copy and know that it is, in fact, delivered, As soon as we receive that information we will start the vacation procedure, Sincerely, QO{{,iLiL 0t&d.t/l-~ Connie Carlson /' ,,- Planning Secretary QQc\IIl'ent' p i\Q~ .l.. 1620u l:.agle Creek Ave" Prior Lake, Minnesota :::>:::>37~-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Fairview 2312 South Sixth Street Minneapolis, MN 55454-1395 612-672-6300 lt1x 612-672-6303 Hospital and Hea/thcare Services May 26, 1995 ~,., Donald Rye, Planning Director \. ... L J City of Prior Lake Tel. 447-4230, fax 447-4245 o r) 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372-1714 Re: Consolidation of Parcels Vacation of Interior Easements Lots 1,2, and 3, Block 2, SECOND ADDITION TO WESTBURY PONDS Dear Mr. Rye: Fairview Hospital and Healthcare Services is hereby requesting the consolidation of the above-referenced parcels and the vacation of the interior easements. Per the City of Prior Lake Application for Street, Alley and Utility Vacation form: (A) A completed Application form is attached hereto. (B) The complete legal description is: Lots 1,2, and 3, Block 2, SECOND ADDITION TO WESTBURY PONDS, according to the plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota. The Property Identification Numbers (PID) are: Lot 1 - 253090050 41S1 LJ(l{~~st. 52.- Lot 2 - 25 309 0060 Lot 3 - 25 309 0070 (C) The complete legal description of vacation site is to be provided by Valley Surveying, Ron Swanson, tel. 447-2570, fax 447-2571. (D) Signature and address of property owner who owns land adjacent to the proposed vacation site. "Westbury Development Corporation hereby agrees to the proposed parcel consolidation and easement vacation on Lots 1,2, and 3, Block 2, SECOND ADDITION TO WESTBURY PONDS": omas M. Kearney, Presid Westbury Development Corporation 12433 Princeton Avenue Savage, Minnesota 55378 (E) My understanding is that the certified survey of the proposed vacation site provided to the City early in 1995 is acceptable as the certified survey and need not be re-submitted. (F) A check for the Filing Fee of$100.00 is attached hereto. Please contact me with your further questions and comments. Very truly yours, Ray ond E. Piirainen Assistant Property Director 672-6963 (fax 672-7124) word.easevac