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HomeMy WebLinkAbout03-115 Post Office Vacation . Original Reports L:\TEMPLA TE\FILEINFO.DOC 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 PLANNING REPORT AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING: DATE: 7A REVIEW REQUEST TO VACATE THE EXISTING DRAINAGE AND UTILITY EASEMENTS AND A PORTION OF THE DULUTH AVENUE RIGHT-OF- WAY LOCATED ON AND ADJACENT TO LOTS 1-2, BLOCK 1, ENIVID FIRST ADDITION JANE KANSIER, PLANNING COORDINATOR YES X NO-N/A OCTOBER 13, 2003 INTRODUCTION Lots 1 and 2, Block 1, Enivid First Addition were platted in August, 1990. The plat dedicated several easements along the interior lot lines and the southwest corner of the site. The plat also dedicated a portion of Duluth Avenue along the west property boundary. In 1999, the US Postal Service purchased this site for the construction of a new post office facility. That project was place on hold until early this spring. In the last year, the City has also been working on a design for the future ring road, extending from Franklin Trail to Duluth Avenue. That project is expected to begin construction in 2004. The purpose of this application is to facilitate both the construction of the post office and the ring road. The vacation of the existing utility easements will provide additional land, and a better arrangement for the new building. At the same time, the Postal Service will dedicate new easements to cover the existing utilities and the new storm water pond. The Postal Service will also dedicate a road easement for the realignment of Duluth Avenue as part of the ring road construction. As required by State Statute 462.356 Subd.2, the Planning Commission is required to make a recommendation to the City Council regarding the disposal or acquisition of public lands as it relates to compliance with the Comprehensive Plan. 1:\03 files\03 vacations\post office\pc report. doc 'ty f . I k www.C10pnOrae.com Phone 952.447.4230 / Fax 952.447.4245 Upon proper notification, State Statute 412.851 allows the Council to vacate easement or right-of-way by resolution. The statute also states that "no such vacation shall be made unless it appears to be in the public interest to do so". DISCUSSION The Planning Commission must make two determinations: 1) does the vacation of the existing easement comply with the Comprehensive Plan, and 2) is there a public need or anticipated future need for the dedicated property? Comprehensive Plan Review The Comprehensive Plan does not specifically discuss utility easements, other than as a function of ensuring access to public utilities. The vacation of this easement is not inconsistent with any specific goal or objective of the Comprehensive Plan. One of the goals of the Comprehensive Plan is to "plan for access to and movement of people, goods and services." Policies to meet this goal include cooperation with the County and State to keep through-traffic on arterials with a minimum disruption of local circulation and to provide access to arterials and major collector streets by public streets only. Chapter 4 of the Comprehensive Plan also discusses specific recommendations for the TH 13 corridor. The plan recommends the establishment of "back street" connections whenever possible. The proposed vacation of this portion of Duluth Avenue will facilitate construction of the ring road. As part of the vacation, the Postal Service will provide the City with a road easement necessary for the ring road alignment. Public Need The existing utilities will be protected by the dedication of the new easements. RECOMMENDATION The vacation of this easement and the dedication of the new easements will facilitate the construction of the post office and the ring road, and is therefore within the public interest. The Planning staff therefore recommends approval of this request. ALTERNATIVES: 1. Recommend the City Council approve the proposed vacation of the easement as presented or with changes recommended by the Commission. 2. Continue the discussion to a date and time certain to allow the staff to 1:\03 files\03 vacations\post office\pc report. doc 2 provide additional information specifically requested by the Planning Commission. 3. Based upon expressed findings of fact, recommend the City Council deny part or all of the applications based upon inconsistency of the proposal with specific regulations of the Zoning and Subdivision Ordinances and/or specific policies of the Comprehensive Plan. RECOMMENDATION: Alternative #1. The vacation of this easement and the dedication of the new easements will facilitate the construction of the post office and the ring road, and is therefore within the public interest. ACTION REQUIRED: Motion and second to recommend the City Council approve the vacation of the easements as requested. 1:\03 fi1es\03 vacations\post office\pc report. doc 3 z o '"""'" f- - Q o 'ct I- c.t) a:: '"""'" lJ... Q '"""'" :> ........ f;-) 2: lLJ '. . < ~ ! ~ , 5 I" 0 ~ il;~ ~~~ -~ ~~3 ~~il j?;~ ;~~i t;;~ ~ I~~~. ~~g~ ~~~15 "'IE;~ 1011 I I I L ~ _____ I ,--- ,. I ' I I I I I (' t,,!,'" h ~;! i~ "I ::;;F/~j:;;~;'i-"j .::1:"1 r\i :J,/\ ~:f I }_l.NO<:::- -1 ~"'IO'" b~ .0 ~ ioy.r .,:. -/'" i <!,:~-" I'~~J ~ ~ t;; ~ ~ ! ~ . ~ o _ ; ~ ~ : , ~ n: . 0 ~~ .. z , ' ~~l~~f" (.~-~, (\J ,'. <..,) '~~f':.s' ruH1::l r.".,.,tl _UtI '';; ::.:~.?=~~~~ 1/JOt.'l'!"1-_, !~::.- ; ".~. 'r rC, ;' [1..,;' <:::" I-~, ,- LO'99~ - -~~(;,. ~~' ~.::- ...- -~ -:.:,~ , '-:/ (:.; '~~' (\j l.j . 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[",SEMENT )REA - Ptll wsa '" ASSOClA 1E5 " \> ~ " 0\ " ~ il " ~ .r , k ~ Q: " . j' t ; ~ ; f , , u;:. ^ 1'" 2,llllj tUI :.wIflUU-l Of n,E hllll c.uulEk LOT 1-- ~ ~ \). 'I , \) TOIJ'-4'/f S'7'.HA'sr q'ft S LOTS 1 & 2, BLOCK 1, ENEVID 1 S1 ADDITION NEW EASEMENT AREAS CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S,E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: OCTOBER 20, 2003 7A JANE KANSIER, PLANNING COORDINATOR AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION VACATING THE EXISTING DRAINAGE AND UTILITY EASEMENTS AND A PORTION OF THE DULUTH AVENUE RIGHT-OF- WAY LOCATED ON AND ADJACENT TO THE US POST OFFICE SITE (Case File #03-115) DISCUSSION: Histo1'l': Lots 1 and 2, Block 1, Enivid First Addition were platted in August, 1990. The plat dedicated several easements along the interior lot lines and the southwest corner of the site. The plat also dedicated a portion of Duluth Avenue along the west property boundary. In 1999, the US Postal Service purchased this site for the construction of a new post office facility. That project was place on hold until early this spring. In the last year, the City has also been working on a design for the future ring road, extending from Franklin Trail to Duluth Avenue. That project is expected to begin construction in 2004. The purpose of this application is to facilitate both the construction of the post office and the ring road. The vacation of the existing utility easements will provide additional land, and a better arrangement for the new building. At the same time, the Postal Service will dedicate new easements to cover the existing utilities and the new storm water pond. The Postal Service will also dedicate a road easement for the realignment of Duluth Avenue as part of the ring road construction. Current Circumstances: The Planning Commission reviewed this vacation request on October 13,2003. The Planning Commission recommended approval of the proposed vacation. The Issues: Minnesota Statutes 412.851 allows the Council to vacate easements or right-of-way by resolution. The statute states, "no such vacation shall be made unless it appears to be in the public interest to do so." One of the goals of the Comprehensive Plan is to "planfor access to and movement of people, goods and services." Policies to meet this goal include cooperation with the County and State to keep 1:\03 files\03 vacations\post office\cc report, doc 'ty f ' I k www.clopnorae.com Page 1 Phone 952,447,4230 / Fax 952,447,4245 ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: through-traffic on arterials with a minimum disruption of local circulation and to provide access to arterials and major collector streets by public streets only. Chapter 4 ofthe Comprehensive Plan also discusses specific recommendations for the TH 13 corridor. The plan recommends the establishment of "back street" connections whenever possible. The proposed vacation of this portion of Duluth Avenue will facilitate construction of the ring road. As part of the vacation, the Postal Service will provide the City with a road easement necessary for the ring road alignment. The Comprehensive Plan does not specifically discuss utility easements, other than as a function of ensuring access to public utilities. The vacation ofthis easement is not inconsistent with any specific goal or objective of the Comprehensive Plan. The existing utilities will be protected by the dedication ofthe new easements. Conclusion: The Planning Commission and the staff recommend approval of the requested vacation. The City Council has three alternatives: 1. Adopt a Resolution app~vving the vacation. 2. Direct staff to prepare a resolution denying the vacation. 3. Defer this item and provide staff with specific direction. The Planning Commission and staff recommend Alternative #1. A motion and second to adopt a Resolution approving the vacation of the right-of-way and easements subject to the listed condition is required. ruhL Frank ~~ Manager 1:\03 files\03 vacations\post office\cc report,doc Page 2 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 03-XX RESOLUTION PROVIDING FOR THE VACATION OF THE EXISTING DRAINAGE AND UTILITY EASEMENTS AND A PORTION OF THE DULUTH AVENUE RIGHT-OF-WAY LOCATED ON AND ADJACENT TO LOTS 1-2, BLOCK 1, ENIVID FIRST ADDITION WHEREAS, MOTION BY: SECOND BY: A petition for the vacation of the existing drainage and utilities easements and a portion of the Duluth Avenue right-of-way located on and adjacent to Lots 1-2, Slock 1, Enivid First Addition, has been duly presented to the City of Prior Lake, signed by the owners of the property abutting the following described easement situated in the City of Prior Lake, Scott County, Minnesota to wit: Legal Description (Right-of-Way): That part of Duluth Avenue as shown on Enivid First Addition, according to said plat on file and of record in the office of the County Recorder, Scott County, Minnesota, described as follows: Commencing at the Southwest comer of Lot 1, Slock 1, in said plat; thence North 12 degrees 50 minutes 33 seconds West, assumed bearing along the West line of said Lot 1, a distance of 1.14 feet to the point of beginning; thence Northerly a distance of 148.77 feet along a tangential curve concave to the East, having a radius of 267.40 feet, and a central angle of 31 degrees 52 minutes 37 seconds; thence South 28 degrees 52 minutes 05 seconds West, a distance of 151.13 feet; thence South 61 degrees 03 minutes 00 seconds East a distance of 24.67 feet; thence Easterly a distance of 37.66 feet along a tangential curve concave to the North having a radius of 65.33 feet and a central angle of 33 degrees 01 minutes 43 seconds; thence North 85 degrees 55 minutes 27 seconds East, tangent to last described curve, a distance of 8.34 feet to the point of beginning. AND Legal Description (Drainage and Utility Easements): All drainage and utility easements as delineated and dedicated on ENEVID 1ST ADDTION, according to the recorded plat thereof, Scott County, Minnesota, lying over, under and across the following described property: Lots 1 and 2, Slock 1, ENEVID 1 ST ADDITION, according to the recorded plat thereof, Scott County, Minnesota. WHEREAS, Notice of the hearing has been duly published and posted in accordance with the applicable 1:\03 files\03 vacations\post office\resolution.doc Page 1 www.cityofpriorlake.com Phone 952,447,4230 / Fax 952.447.4245 Minnesota Statutes, and WHEREAS, A Public Hearing was held on said petition on Monday, October 20, 2003, at 8:30 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 ot said petition; and WHEREAS, New right-ot-way and drainage and utility easements will be dedicated to the City to allow the construction of the ring road and to maintain the existing utilities, so the existing right-ot-way and drainage and utility easements are not necessary for the maintenance of public utilities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that: 1. The above recitals are fully incorporated herein as set forth above. 2. The City Council ot Prior Lake has determined that the vacation ot said right-ot-way and easements would be in the public interest. 3. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easements are hereby vacated: Legal Description (Right-of-Way): That part of Duluth Avenue as shown on Enivid First Addition, according to said plat on file and of record in the office of the County Recorder, Scott County, Minnesota, described as follows: Commencing at the Southwest corner of Lot 1, Block 1 , in said plat; thence North 12 degrees 50 minutes 33 seconds West, assumed bearing along the West line of said Lot 1, a distance ot 1.14 feet to the point of beginning; thence Northerly a distance of 148.77 feet along a tangential curve concave to the East, having a radius of 267.40 feet, and a central angle of 31 degrees 52 minutes 37 seconds; thence South 28 degrees 52 minutes 05 seconds West, a distance of 151.13 feet; thence South 61 degrees 03 minutes 00 seconds East a distance of 24.67 feet; thence Easterly a distance of 37,66 feet along a tangential curve concave to the North having a radius of 65.33 feet and a central angle of 33 degrees 01 minutes 43 seconds; thence North 85 degrees 55 minutes 27 seconds East, tangent to last described curve, a distance of 8.34 teet to the point of beginning. AND Legal Description (Drainage and Utility Easements): All drainage and utility easements as delineated and dedicated on ENEVID 1 ST ADDTION, according to the recorded plat thereof, Scott County, Minnesota, lying over, under and across the following described property: Lots 1 and 2, Block 1, ENEVID 1 ST ADDITION, according to the recorded plat thereot, Scott County, Minnesota. 1:\03 files\03 vacations\post office\resolution,doc Page 2 4. The vacation at said right-at-way and drainage and utility easements is in the public interest. Passed and adopted this 20th day at October, 2003. YES NO Haugen Blomberg LeMair Petersen Zieska Haugen Blomberg LeMair Petersen Zieska {Seal} Frank Boyles, City Manager 1:\03 files\03 vacations\post office\resolution,doc Page 3 CITY COUNCIL AGENDA REPORT October 20, 2003 \ ^~ :~nk Boyles, City Manag~ AGENDA ITEM: PRESENTATION BY ARCHITECT CHRISTOPHER OLSON ON THE PLANS FOR THE NEW 19,000 SQUARE FOOT POST OFFICE SCHEDULED FOR COMPLETION NEXT JULY. PRESENTATION: The purpose of this agenda item is to help the City Council and general public become more aware of the plans for the new 19,000 square foot Post Office building under construction on a 3.6 acre site at the intersection of TowerStreet and Toronto Avenue. The Architect in charge of the project, Christopher Olson, will make the presentation, 16200 Eagle Creek Ave, S,E., Prior Lake, Minnesota 55372-1714 / Ph, (952) 447-4230 / Fax (952) 447-4245 1:\COUNCIL\AGNRPTS\2003\POST OFFICE ~~~1e.jr<!ffmJ~MPLOYER ) OmOHO.L tlf1N3A V . . :'\ /' .. --------=-:--~ -....... ,- c_______, _., . " r- --I -- -: . .. -. U . , :)~'.:l- .. '. j 1/ . ',8 a, s ( '-- ,/" I E--. .! ~( I ~ (i'l ~ l' ~4~ ~~ ~~ ~~~ ~ ;:;! ~~ ~s ~Q:: ~~ Q.... ~~ ....~ ~o ::)Q.. z o - .. ~ wi' ..~ ai z o ~ . > II ~ 1111 z; ~~ =-c c~ fij ~~~ ..-. ~ ~ ~ .....~~ IIII"""~~ !:: ~~ Yt~ ~S ~Q:: "'~ ~~ ..-~ ~~ ~Q.. .. .11I: .-. W Ill: .......~ ~~M ~! ,~o tJ~ ....S SQ: "'~ fa~ ...S ~~ ~Q. I ... Planning Commission Minutes October 13, 2003 MOTION BY ATWOOD, SECOND BY RINGSTAD, RECOMMENDING DENIAL OF THE PROPOSED AMENDMENT AS RECOMMENDED BY STAFF. Vote taken indicated ayes by Atwood, Ringstad and Stamson. Nay by Lemke. MOTION CARRIED. This will go before the City Council on November 3, 2003. 6. Old Business: None 7. New Business: A. #03-115 Consider a request to vacate the existing drainage and utility easements and a portion of the Duluth Avenue right-of-way located on and adjacent to Lots 1 & 2, Block 1, Enivid 1 st Addition. Planning Coordinator Jane Kansier presented the Planning Report dated October 13, 2003, on file in the office of the City Planning Department. The purpose of this application is to facilitate both the construction of the post office and the ring road. The vacation of the existing utility easements will provide additional land, and a better arrangement for the new building. At the same time, the Postal Service will dedicate new easements to cover the existing utilities and the new storm water pond. The Postal Service will also dedicate a road easement for the realignment of Duluth Avenue as part of the ring road construction. The vacation ofthis easement and the dedication of the new easements will facilitate the construction of the post office and the ring road, and is therefore within the public interest. The Planning staff recommended approval of this request. Comments from the Commissioners: Stamson: . The hurdle on vacations is in the public interest. Cannot see any reason this is not in the public interest. Lemke, Atwood and Ringstad: . Agreed. MOTION BY RINGSTAD, SECOND BY ATWOOD, TO RECOMMEND CITY COUNCIL APPROVE THE VACATION OF THE EASEMENTS AS REQUESTED. Vote taken indicated ayes by all. MOTION CARRIED. This matter will go before the City Council on October 20,2003. L:\03 Fi1es\03 Planning Comm\03pcMinutes\MN101303.doc 14 City Council Meeting Minutes DRAFT October 20, 2003 ITEMS REMOVED FROM THE CONSENT AGENDA: NONE -7 PUBLIC HEARINGS: Public Htlrlng to Consider Approval of a Resolution Vacating Easements and a Portion of the Duluth Avenue Right-of-Way located on and adjacent to Lots 1-2, S/ock 1, Enlvld First Addition. ~: Introduced the item and explained the public hearing process. ~: Reviewed the item in connection with the staff report. Mayor Haugen declared the public hearing open. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. LeMalr: Believed the action was appropriate to move the Post Office and Ring Road projects forward. Remaining Councilmembers echoed their agreement with Councilmember LeMair's comments. MOTION BY LEMAIR, SECOND BY PETERSEN, APPROVING RESOLUTION 03.174 VACATING EASEMENTS AND A PORTION OF THE DULUTH AVENUE RIGHT-OF-WAY LOCATED ON AND ADJACENT TO LOTS 1-2, BLOCK 1, ENIVID FIRST ADDITION. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. PRESENTATIONS: Architect Christopher Olson Regarding Plans for the New 19,000 Square Foot Post Office Scheduled for Completion next July. Bovles: Discussed the process and funding hurdles in order to get authority to proceed with the project. Advised that the 2020 Vision video was used to gamer support for the project. Further noted that the Prior Lake project was 1 of only 2 projects approved in the western region of the US. Olson (eM Architecture): Reviewed the floor plan, design and access points of the new facility, LeMalr: Asked the square footage of the current facility and if the expansion will involve creation of new jobs. Olson: Did not know the square footage of the existing facility, but that the proposed facility is less than double the existing one. The expansion is likely to be followed by increased routes and jobs, but that that is an operations decision, Blomberq: Asked what type of landscaping will be provided. Olson: Advised that some trees will be removed, but a large number of trees will be brought back onto the site. Because a wetland is on the site, as well as a pond, there is sensitivity to the natural buffer. 2 Illr J ;; o~ PR~ ~ \\~\ ..... ~ U ~ ~NEV RESOLUTION PROVIDING FOR THE VACATION OF THE EXISTING DRAINAGE AND UTILITY EASEMENTS AND A PORTION OF THE DULUTH AVENUE RIGHT-OF-WAY LOCATED ON AND ADJACENT TO LOTS 1-2, BLOCK 1, ENIVID FIRST ADDITION RESOLUTION 03-174 MOTION BY: LEMAIR SECOND BY: PETERSEN WHEREAS, A petition for the vacation of the existing drainage and utilities easements and a portion of the Duluth Avenue right-of-way located on and adjacent to Lots 1-2, Block 1, Enivid First Addition, has been duly presented to the City of Prior Lake, signed by the owners of the property abutting the following described easement situated in the City of Prior Lake, Scott County, Minnesota to wit: Legal Description (Right-of-Way): That part of Duluth Avenue as shown on Enivid First Addition, according to said plat on file and of record in the office of the County Recorder, Scott County, Minnesota, described as follows: ' Commencing at the Southwest corner of Lot 1, Block 1, in said plat; thence North 12 degrees 50 minutes 33 seconds West, assumed bearing along the West line of said Lot 1, a distance of 1.14 feet to the point of beginning; thence Northerly a distance of 148.77 feet along a tangential curve concave to the East, having a radius of 267.40 feet, and a central angle of 31 degrees 52 minutes 37 seconds; thence South 28 degrees 52 minutes 05 seconds West, a distance of 151.13 feet; thence South 61 degrees 03 minutes 00 seconds East a distance of 24.67 feet; thence Easterly a distance of 37,66 feet along a tangential curve concave to the North having a radius of 65,33 feet and a central angle of 33 degrees 01 minutes 43 seconds; thence North 85 degrees 55 minutes 27 seconds East, tangent to last described curve, a distance of 8.34 feet to the point of beginning. AND Legal Description (Drainage and Utility Easements): All drainage and utility easements as delineated and dedicated on ENEVID 1 ST ADDTION, according to the recorded plat thereof, Scott County, Minnesota, lying over, under and across the following described property: Lots 1 and 2, Block 1, ENEVID 1 ST ADDITION, according to the recorded plat thereof, Scott County, Minnesota. WHEREAS, Notice of the hearing has been duly published and posted in accordance with the applicable Minnesota Statutes, and r:\resoluti\planres\2003\03-174,doc Page 1 16200 Eagle Creek Ave. S.E" Prior Lake, Minnesota 55372-1714 / Ph, (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER WHEREAS, A Public Hearing was held on said petition on Monday, October 20, 2003, at 8:30 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 WHEREAS, New right-of-way and drainage and utility easements will be dedicated to the City to allow the construction of the ring road and to maintain the existing utilities, so the existing right-of-way and drainage and utility easements are not necessary for the maintenance of public utilities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that: 1. The above recitals are fully incorporated herein as set forth above. 2. The City Council of Prior Lake has determined that the vacation of said right-of-way and easements would be in the public interest. 3. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easements are hereby vacated: Legal Description (Right-of-Way): That part of Duluth Avenue as shown on Enivid First Addition, according to said plat on file and of record in the office of the County Recorder, Scott County, Minnesota, described as follows: Commencing at the Southwest corner of Lot 1, Block 1, in said plat; thence North 12 degrees 50 minutes 33 seconds West, assumed bearing along the West line of said Lot 1, a distance of 1.14 feet to the point of beginning; thence Northerly a distance of 148.77 feet along a tangential curve concave to the East, having a radius of 267.40 feet, and a central angle of 31 degrees 52 minutes 37 seconds; thence South 28 degrees 52 minutes 05 seconds West, a distance of 151.13 feet; thence South 61 degrees 03 minutes 00 seconds East a distance of 24.67 feet; thence Easterly a distance of 37.66 feet along a tangential curve concave to the North having a radius of 65.33 feet and a central angle of 33 degrees 01 minutes 43 seconds; thence North 85 degrees 55 minutes 27 seconds East, tangent to last described curve, a distance of 8.34 feet to the point of beginning. AND Legal Description (Drainage and Utility Easements): All drainage and utility easements as delineated and dedicated on ENEVID 1ST ADDTION, according to the recorded plat thereof, Scott County, Minnesota, lying over, under and across the following described property: Lots 1 and 2, Block 1, ENEVID 1ST ADDITION, according to the recorded plat thereof, Scott County, Minnesota. 4. The vacation of said right-of-way and drainage and utility easements is in the public interest. r:\resoluti\planres\2003\03-174,doc Page 2 Passed and adopted this 20th day of October, 2003. YES Haugen X Blomberg X I LeMair X I Petersen X I Zieska X NO Haugen Blomberg LeMair Petersen Zieska {Seal} fJJcH- Frank Boyles, City Manager' r:\resoluti\plames\2003\03-174,doc Page 3 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 FI.E ~D~Y December 15, 2003 CMA, P.A. Attention: Chris Olson 219 North Second Street Suite 301 Minneapolis, MN 55401 RE: Prior Lake Post Office Dear Chris: Enclosed are the easement documents for the Prior Lake Post Office site. If you return the signed documents to me, I will ensure they are recorded, along with the resolutions vacating the existing easements. Thank you for your patience. If you have questions, please contact me directly at 952- 447-9812. Sincerely, I ) . ~a~~ I j~ne Kansier, AICP 41anning Coordinator Enclosure .. - 1:\03 files\03 vacations\post office\easements.doc - . - .. 'ty f . I k www.cIOpnorae.com .2age 1 Phone 952.447.4230 / Fax 952,447,4245 ...........w-_~......,~_;.,~ . . _:...--.;.--,,',_...~_.4".""'__ ...,.,:."-.....:.............._.:---,........_....._'........_~... _ . .. (This space reserved for recording information) City Project NO.:00-39 Parcelld Nos,: 25-269001-0 25-269002-0 GRANT OF PERMANENT EASEMENT THIS AGREEMENT, made this day of ,200 , by and between UNITED STATES POSTAL SERVICE, and its assigns, an independent establishment of the Executive Branch of the Government of the United States (Section U. S, C. Section 201) ("Fee Owners") (hereinafter "Grantors"), and the CITY OF PRIOR LAKE, a municipal corporation organized under the laws of the State of Minnesota (hereinafter "City"), WITNESSETH: The Grantors, in consideration of the sum of $1,00, and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, do hereby grant and convey to the City, its successors and assigns, forever, a permanent easement for the purpose of drainage, utility and access over, across, on, under and through land situated within the County of Scott, State of Minnesota, legally described as follows: SEE ATTACHED EXHIBIT "A" . - .~....I .~-,"". -.- , ,~ --..--~-_...- City Project NO.:OO-39 Parcelld Nos.: 25-269001-0 25-269002-0 INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under and through the permanent easement premises, together with the right to grade, level, fill, drain, pave, and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of any public Improvements, The above-named Grantors, for themselves, their successors, heirs, and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above-described permanent easement premises and that they have the sole right to grant and convey the easement to the City. IN TESTIMONY WHEREOF, the parties hereto have signed this Agreement the day and year first above written. GRANTOR and FEE OWNER: UNITED STATES POSTAL SERVICE By: Its: By: Its: . - City Project NO.:00-39 Parcelld Nos.: 25-269001-0 25-269002-0 STATE OF ) ) ss. ) COUNTY OF The foregoing instrument was acknowledged before me this , 200 , by day of and , respectively the and ,of the UNITED STATES POSTAL SERVICE, an independent establishment of the Executive Branch of the Government of the United States (Section U.S.C. Section 201), Grantor and Fee Owner, on its behalf. Notary Public This Agreement Drafted By: City of Prior Lake 16200 Eagle Creek Ave. SE Prior Lake, MN 55372 Admin: kgm , - ,-,~......~,...'- City Project No,:00-39 Parcelld Nos.: 25-269001-0 25-269002-0 EXHIBIT "A" (Legal Descriptions of Permanent Drainage, Utility and Access Easements) Permanent drainage, utility and access easements over, under and across that part of the following described land in Scott County, Minnesota: Easement Area 1 The Northerly 10.00 feet of Lots 1 and 2, Block 1, ENIVID FIRST ADDITION, according to said plat on file and of record in the office of the County Recorder, Scott County, Minnesota, except that part which lies within any existing utility and drainage easements of record. Easement Area 2 The Southerly 10.00 feet of Lots 1 and 2, Block 1, ENIVID FIRST ADDITION, according to said plat on file and of record in the office of the County Recorder, Scott County, Minnesota, except that part which lies within any existing utility and drainage easements of record. Easement Area 3 The Northerly 20.00 feet of the Southerly 30.00 feet of Lot 1, Block 1, ENIVID FIRST ADDITION, according to said plat on file and of record in the office of the County Recorder, Scott County, Minnesota, which lies southwesterly of the southwesterly line of vacated Tower Street, a shown on said plat, and which lies Easterly of a line drawn parallel with and distant 10.00 feet Easterly of the following described Iine1: Line 1: Commencing at the Southwest comer of said Lot 1; thence Easterly 23.50 feet along the Southerly line of said lot 1, along a non-tangential curve, concave to the North, having a radius of 634.00 feet, a central angle of 02 degrees 07 minutes 24 seconds, the chord of said curve is assumed to bear North 72 degrees 46 minutes 27 seconds East; thence North 71 degrees 42 minutes 45 seconds East, tangent to the last described curve and along said Southerly line a distance of 105.56 feet to the point of beginning of said Line 1 to be hereinafter described; thence North 02 degrees 18 minutes 23 seconds East a distance of 50.00 feet and said Line 1 there terminating. Easement Area 4 A strip of land 20.00 feet in width over, under and across that part of Lots 1 and 2, Block 1, ENIVID FIRST ADDITION, according to said plat on file and of record in the office of the County Recorder, Scott County, Minnesota, the centerline of which is described as follows: Commencing at the Southeast corner of said Lot 1; thence Westerly along the Southerly line of said Lot 1 a distance of 24.20 feet, along a non-tangential curve concave to the South, having a radius of 700.00 feet and a central angle of 01 degrees 58 minutes 51 seconds, the chord of said curve is assumed to bear South 84 degrees 23 minutes 00 seconds West; thence North 24 degrees 07 minutes 02 seconds East, 25.00 feet to the point of beginning of said centerline to be hereinafter described; thence continuing North 24 degrees 07 minutes 02 seconds East, 125.00 feet, and said centerline there terminating. Said strip of land is to extend by its full width from the Northeasterly line of vacated Tower Street, as shown on said plat, to a line drawn Northwesterly and Southeasterly, perpendicular to said centerline and passes through the point of termination. - /f - -, ... II If f) ( H~ UII fff !if ~l >> f t .tI HI" b dJ' ."1 It- i'I' f.I~~ Il! fi- f . , h "l 1f 11 ! liI!f ili Ii! ! · (fill "if tI .1 .1 t .fi if i_I fa ~i ~} ! H~ "f ~h 1 Ii jt ! HI)( Ei~ 4 ii .i ilI~. .,f If It if f sii ~i If"! -I 'II II t, IIf J' r = 'w Ii . I :il i! !II Ii ii il J iii fi fll i( ! !r t I.~ ..~ oKr Ii f _ : Ilf J !fi r~ i ~ I 14!.. 1 I tr . r ~ ~ J r~ ~ I 1-"'" 1:'" i! il i Jf; t ~f! J! i i. r !t I f" ~~ I $ If' ! ,I ~! I i !l ! iil l~ } 1 t s ! [ii ~~ i i r 81 ~. it- r'l I I I l :; if t I : ~ -.O' I r f ' ft ; r fJ 1. l.. .. 'r ~ Jr' t1 I I~ ~ r! h ! . · .1 J If r' f ~ i ti IS" 1 t ~ I I{ t Ii i'l .. ~. t .. · 1, r f ~ 1 jl I I" r j J 1 ..[ I II..i r I I t"I'l I fa. J . t i I. fa. f! r f i II I H 'I f j , K~ I ,s . :1;.; ~.., '1 :~(I ~ Ii. i = ; I ;i hIt,; I~J I i1~ 'jI,: '\ j , k ~ " :a ! . ~ ~II ell I "', I I I :; ! N .. . . ./ . . ~ K " t "'- liP 3 ~ '" : I 1. .:r-~.. / ) TORONTO "\/OIUE . ~ .. fJ 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 ~I c ,~ ~, :3\' ~... ;)J_ r November 5, 2003 WSB & Associates Attention: Steve Ische 4150 Olson Memorial Highway Suite #300 Golden Valley, MN 55422 RE: Post Office Easement Descriptions Dear Mr. Ische: Public Works Director Bud Osmundson asked me to send you a copy of the proposed easement descriptions for the Post Office site in Prior Lake. Attached is a certificate of survey that includes these descriptions. I hope this information is helpful. If you have questions, please contact me directly at 952-447-9812. Sincerely, (). ~ ~sier, AICP ~~~n~~~oordinator Enclosure cc: Bud Osmundson, Public Works Director . 1:\03 files\03 vacations\post office\wsb letter, doc 'ty f . I k WWW.CIOpnOrae.com - Page' 1 Phone 952,447,4230 / Fax 952.447,4245 ___ .. AI"'" Ar\,",,^ I T"'" nr-t"\ A,4"" ",1"\",,- 16200 Eagle Creek Avenue S,E. Prior Lake, MN 55372-1714 October 15, 2003 Martin Hansen United States Postal Service 8055 Tufts Avenue - Suite 400 Denver, CO 80237-2881 CMA P,A. Christopher Olson 219 North Second Street - Suite 301 Minneapolis. MN 55401 Attached is a City Council Agenda and Staff Report for the October 20, 2003, City Council meeting. The meeting will begin at 7:00 p.m, and is heid at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting or have any questions, please contact me at 447-9810, Sincerely, Connie CarCson Connie Carlson Planning Secretary Enclosure I:\deptwork\blankfrm\meetlrcc,doc www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447,4245 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 October 9,2003 Martin O. Hansen United States Postal Service 8055 E. tufts Ave - Suite 400 Denver, CO 80237-2881 fax (303) 220-6552 CMA P.A. Christopher Olson 219 North Second Street, Suite 301 Minnepolis, MN 55401 RE: Agenda and Agenda Report for the Prior Lake, Minnesota Post Office Attached is a Planning Commission Agenda and Staff Report for the October 13, 2003, Planning Commission meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. If you have any questions, please contact me at 447-9810. Sincerely, Connie Carfson Connie Carlson Planning Dept. Secretary Enclosure . I:\deptwork\blankfrm\meetltr.doc www.cityofpriorlake.com Phone 952.447,4230 / Fax 952,447,4245 Message Page 1 of 1 ~ ~ Jane Kansier From: SWSP Legal Dept [Iegal@swpub,com] Sent: Tuesday, September 23,200310:42 AM To: Jane Kansier Subject: Re: Legal Notices ,'I Hi Jane, I received your notice and will publish in the Prior Lake American on Saturday, September 27, October 4, & 11, 2003. Thanks, deb ----- Original Message ----- From: Jane Kansier To: Prior Lake American Legal Notices (Iegal@swpub,com) Sent: Tuesday, September 23,200310:18 AM Subject: Legal Notices Please publish the attached legal notice in the Prior Lake American on the following dates: , Saturday, September 27,2003 Saturday, October 4,2003 Saturday, October 11,2003 If you have any questions, please contact me at 952-447-9812. Jane Kansier, AICP Planning Coordinator City of Prior Lake UDorade Outlook. - Add COLOR to vour Emails Outlook@ is a registered trademark of Microsoft Corporation l ! i I i 9/23/2003 I l I ~l ~ J J "'#11 Fo"" No. J.M - WARRANTY DEI!D Individual(s) 10 Corporation or Partnership MinIlaola lniform ConveylllCing Blanks (1978) Miller-Davis Co.. SI. Paul, MN\ No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ~filed ( ) not required Certificate of Real Estate Value No. ~I/ ,~ ~ ~ County Auditor by iJbJt6;;J'~ / Deputy STATE DEED TAX DUE HEREON: ,?,/79 Date: August 17 ,2000 Doc. No. A 482039 OFFCEOF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA C" 7f "Ji Filed and/or R,"~"...:ad on 08-18-2000 at 03:30 [] AM M PM Pat BoeckrTBn, County Recorder 01 by lP, DepJty Fee: $19,50 (rescrved for rccordiD; data) FOR VALUABLE CONSIDERATION. husband and wife Neil Boderman and Barbara Boderman, , Grantor(s). (marital .talUS) hereby convey(s) and warrant(s) to United States Postal Service and its assigns, an independent establishment of the Executive Branch of the Government of the United States (Section U,S.C. Section 201) Grantee, real property in Scott County, Minnesota, described as follows: Lots 1 and 2, Block 1, Enivid First Addition, according to the recorded plat thereof, and situate in Scott County, Minnesota, together with all and singular any buildings and improvements situated thereon and the right, title and interest which the Grantor may have in the banks, bed, and waters of any streams bordering the said land to be conveyed, including all interests in alleys, roads, streams, ways, strips, gores or railroad right-of-way abutting or adjoining said land and in any means of ingress or egress appurtenant thereto, ~ /5';" ~'l /H);' :g _ WEll. C!ImfICA1! RECENED ..:/;.. WELL .. ~, ,,,,,,.IIM IIEQII8I-P (if marc 'pICC is n........ colllinu<: on bac:Ic) subject to the following exceptions: Utility and drainage easements as shown on the recorded plat of Enivid First Addition, except that easement described on Exhibit A attached hereto. The Seller certifies that the Seller does not know of any wells on the described real property, No. '($2'11 ~ ;;:2J1- ow' - Deed'IUo(S-Aaf t%I Neil' ~1,DIet~Gr.:UlL . . .1teO'Pi'id STA;?OF~~t;:; COUNTY OF SCOTT } Sf. The foregoing instrument was acknowledged before me on by Neil Boderman and Barbara Boderman, husband and wife '\!I'IlI:',l \llllllnIIlHlTrn~:IlH:I~.\\",: ~~;>'~i:i~~~. . 'LucillE C. FIFE' : :\{~,) NOTARY PUBLIC : J\--f:!.., MINNESOTA ' ; _ . . .". . L~ ~o~m:',:,~,~ ~::~';: :I~ ~~:~ ~ ;1:-': !'.'. I" ~I. '-. \'."1(\11101" ~'\'Ir \\11 \1J1J1U:~.'\J' RA VICR MEYER KIRKMAN McGRA TR & NA UMAN, a Professional Association 4545 IDS Center 80 South Eighth Street Minneapolis, MN 55402 612-332-8511 vL4f /_ /J. 'K'.a..d........) Barbara~-'- August I' , 2000 Dare , Grantor(s), ~ . ~v (I. ,/' ~ONTAIUNGAC'D<O~ Tax Swementl for the real r. ~ r ... .~. described in this instrumeru should be .ent to (iIlcludc DISDC and addres. of GfIIllCC): UNITED STATES POSTAL SERVICE 6201 Co\1ege Boulevard SUite 400 Overland Park, Kansas 66211-2443 r - {){rJICJ5i 3~"( ~\(\ ~~\\C 'T'd\8 ..-."-- .......-.---...... .. EXHIBIT A TO WARRANTY DEED TO UNITED STATES POSTAL SERVICE That part of the drainage and utility easement over, under and across the east 10 feet of Lot 1, Block 1, Enivid First Addition, according to the recorded plat thereof, Scott County, Minnesota, that lies northerly of the northerly right-of-way line of vacated Tower Street and which lies southerly of the following described line: Beginning at the northeast comer of said Lot 1; thence South 00 degrees 14 minutes 05 seconds West, along the east line of said Lot 1, a distance of15 feet; thence South 76 degrees 50 minutes 00 seconds West a distance of20 feet and there said line terminates, And that part of the drainage and utility easement over, under and across the west 10 feet of Lot 2, said Block 1, lying southerly of the northerly 25 feet of said Lot 2 and lying northerly of said northerly right-of-way line, And over, under and across the south 20 feet of the north 87 feet of the east 15 feet of the west 25 feet of said Lot 2, being those easements vacated by action of the City of Prior Lake pursuant to Resolution 99-138, I Doc. No. A 482032 OFFCE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified AIed and/or Recorded on 06-16-2000 at 03:30 ( JAM [Xl PM Pat B. ;...:.. .n, Col.lnty Recorder J .n 01 by Lv-., Deputy Fee: $19,50 State of Minnesota ) )55, County of Scott ) I, Kelly Meyer, being duly sworn, as Deputy City Clerk for the City of Prior Lake, do hereby certify that the attached RESOLUTION 99-138 is a true and correct copy of the original as passed and adopted by the City Council of the City of Prior Lake at its December 20, 1999 meeting, Date: f /rl/oO / d#~ Deputy City Clerk (~Yl~{~~~Cj '. ~ c; e'!:XJ :'-:,; ".l--.... c:.c. -.; ('- ., . '.0 tr. . "." ',.0'.. v 'J _.'" c~.: "'./j":' ~~.~:~y:~>: h:\certify,doc 2- Df<... q bS8'3~C i Old RepUblic Title ....~ ..-...-.....-.- I ./ RESOLUTION 99-138 RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENT LOCATED ON LOTS 1 AND 2, BLOCK 1, ENIVID FIRST ADDITION MOTION BY: Wl\J1lntr SECOND BY: S~k WHEREAS, a petition for the vacation of a portion of the drainage and utility easement located on Lots 1 and 2, Block 1, Enivid First Addition, has been duly presented to the City of Prior Lake, signed by the owners of the property abutting the following described easement situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: That part of the drainage and utility easement over, under and across the east 10 feet of Lot 1, Block 1, ENIVID FIRST ADDITION, according to the recorded plat thereof, Scott County, Minnesota, that lies northerly of the northerly right-of-way line of vacated Tower Street and which lies southerly of the following described line: Beginning at the northeast corner of said Lot 1; thence South 00 degrees 14 minutes 05 seconds West, along the east line of said Lot 1, a distance of 15 feet: thence South 76 degrees 50 minutes 00 seconds West a distance of 20 feet and there said line terminates, And that part of the drainage and utility easement over, under and across the west 10 feet of Lot 2, said Block 1, lying southerly of the northerly 25 feet of said Lot 2 and lying northerly of said northerly right-of-way line. And over, under and across the south 20 feet of the north 87 feet of the east 15 feet of the west 25 feet of said Lot 2, and 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, December 20,1999, at 7:30 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 WHEREAS, the City Council of Prior Lake has determined that the vacation of said easement would be in the public interest. r:kmlllcilIrC$Oluti\pl""ccsI99\99d 3&.dpc !!age L 16~UU tagle creefYAve. S.t:.. Prior Lake. Minnesota 55372,1714 / Ph. (612) 447-4230 / l-ax \b12) 447-4245 AI" EQl:AL OPPORTUNITY EMPLOYER I J NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statues 412,851, the following described portion of the drainage and utility easement situated on Lots 1 and 2, Block 1, Enivid First Addition, is hereby vacated: Legal. Description That part of the drainage and utility easement over. under and across the east 10 feet of lot 1, Block 1, ENIVID FIRST'ADDITION, according to the recorded plat thereof, Scott County, Minnesota, that lies northerly of the northerly right-ot-way line ot vacated Tower Street and which lies southerly of the following described line: Beginning at the northeast corner of said Lot 1; thence South 00 degrees 14 minutes 05 seconds West, along the east line of said Lot 1, a distance of 15 feet; thence South 76 degrees 50 minutes 00 seconds West a distance of 20 feet and there said line terminates. And that part of the drainage and utility easement over, under and across the west 10 feet of LOi: 2, said Block 1, lying southerly of the northerly 25 feet of said Lot 2 and lying northerly of said northerly right-of-way line. And over, under and across the south 20 feet of the north 87 feet of the east 15 feet of the west 25 feet of said Lot 2, BE IT FURTHER RESOLVED, this vacation is SUbject to the following conditions: 1, An application for a development proposal and plans for the development are submitted to the City. 2. For the purposes of this resolution .plans. refers to, but is not limited to, the information included In site plans and building plans sufficient for a building permit application. 3. The development proposal and the plans submitted are approved by the City, 4. An application for a lot combination is submitted to the City for its approval. 5, The lot combination is approved by the City. BE IT FURTHER RESOLVED, upon completion of the above condition, this Resolution will be forwarded to the Office of the County Recorder, Scott County. for appropriate action. Passed and adopted this 20th day of December, 1999, YES NO I MADER X MADER I KEDROWSKI X KEDROWSKI I PETERSEN X PETERSEN I SCHENCK X SCHENCK I WUELLNER X WUf'NER 1J~l Frank Boyl~ C~ Mrnager City of Pric(cJ...alfe {Seal} r:\counci1\resoluti\planres\99\99.138.doc Page 2 I DENVER FACILITIES SERVICE OFFICE P UN,IWSTlifES . POSTM.SElNICE September 19, 2003 City of Prior Lake MN Attention: Jane Kansier, Planning Coordinator 16200 Eagle Creek Avenue SE Prior Lake MN 55372-1714 Subject: Application for Easement Vacations Here is the Application for Street, Alley and Utility Vacation, If you have any questions please call me at 3032206521. Respectfully Martin Hansen Project Manager United States Postal Service 8055 E TUFTS AVENUE. SUITE 400 DENVER CO 80237-2881 FAX (303) 22ll-6552 - r' I i\ . /- - I ( SEP 2 2 2003 - - --.J l../' vc 03- - lis PIDt~. .-- _CITY OF PRIOR LAKE SEP 2 2 2003 APPLICATION FOR bTt<l:it."l', ALLEY AND UTILITY VACATION Applicant: G AI2.R..71 MA u..Qx CDJ.,.)T{C~Gn~6- (')Ff:.I~F,R.. 1".)5 DS Address: Bos 5 f:.,. Ttl.E~ 4~E J 1:1- 4-0D /)f.uve.;<. c..o &>2~7"~Be I . Bane Phone: ~);... l'brk Phone: J:2,(')~ -~ 0 - b559 , . Property Cwner: l) k '), Tlb ~"nrr~_<;. pnc..:m{ VF-ev \GE Address: 8'->1)5 E..., Ul.F7Z, ^luE.,) :ff4-0n oe.A.JJEj? C/) a/)2~7-2.8>~1 Bane Phone: )..)/ A' Vbrk Phone:-303 - 2-2-n-,S-5S Legal Description of Site to be:r;cated: 3E..E.. SJ.l~v~v ~~r. (:..oR. C-M ~b1 \ 07, r -ro.::.. B......l..I V v c, L1...f::.jJ,tfJjV ~/!... DJiI:f q /1 -D{t.. '3 Li-~. f..a.cJ:\ ~b ;q r rM~) Co 0 in iAJElt... c:::. r 5f. b oj lJ ~ II €.....J PRLQ.R.. '-~I<':'P, ~ . . J IEason for Pequest: (May Attach) UE::W c...('Ju<;T'Rv(..l1o~ SlBMISSION REDUIREl-1Em'S: (A) Completed Application ferm. (B), Complete Legal description & Property Identification Nurrber (PID) . (C) Complete legal description of vacation site. (0) -Pa'e.it:.eR-ei. :.;.LL.::... inch1(U~ lL.:.. w';'~u....L.,....c.::> ~= a;;ljrefJocB of all t-<':':'If':'~ o-.fflcre ",he 6'..~ la\.a :.ajaE:lcnt to tk:. 'f:" .:.t.-....:..:..el- ~::::::.gF: L:'~g.. (E) Certified Survey of the pro};X>sed vacation site. (F) ~rlk9- ~ ONLY COMPLETE APPLICATIONS ffiALL BE. REmEWED BY THE CITY COUOCIL. thec.;-..nf;o;nna____,.t:{~o-..n PI:'. resented on this form is correct. '...~ 1A1~3 igiiaEe Date" / Fee Cwners Signature Date 'nUS b~A.;J:!ON 'ID BE FILLED OUT BY THE PLANNIN:; DIRa,;lvR ~.l.'l"f COUOCIL APPROlED DENIED HFARIN:; D,l\TE CONDITIONS: Signature of the Planning Director 03.te ,- "--"._....~.~'_.~,~;.,....,._".__..,"..._"._-_.~"....--~"..,".",.--.-.--.,-.. PROPOSED VACATION DESCR1r .1.10N OF DULlJ lU, AVENUE (Revised September 4, 2003) That part of Duluth Avenue as dedicated in Enivid First Addition, according to said plat on file and of record in the office of the County Recorder, Scott County, Minnesota, described as follows: Commencing at the Southwest comer of Lot 1, Block 1, in said plat; thence North 12 degrees 50 minutes 33 seconds West, assumed bearing along the Westerly line of said Lot 1, 1.14 feet to the point of beginning; thence continuing North 12 degrees 50 minutes 33 seconds West, along said Westerly line, 5.18 feet; thence Northerly 148.77 feet along a tangential curve concave to the East, having a radius of 267.40 feet and a central angle of31 degrees 52 minutes 37 seconds, to a point on the Westerly line of said Lot 1, distant 231.93 feet Southerly of the Northwest comer of said Lot 1, as measured along said Westerly line; thence South 28 degrees 52 minutes 05 seconds West 151.13 feet; thence South 61 degrees 03 minutes 00 seconds East 24.67 feet; thence Easterly 37.66 feet along a tangential curve concave to the North having a radius of 65.33 feet and a central angle of 33 degrees 01 minutes 43 seconds; thence North 85 degrees 55 minutes 27 seconds East, tangent to last described curve, 8.34 feet to the point of beginning. F:\WPWlNi.1283-00\SURVEY\Parcell Vacation, doc . (/;-/ ~\ ~ ~~--- r --.:::.' .---- ~ i'~~4~~'-'-'-" ___ ...c.~- ---.- \ ----- ~ I _____---, ------ "'. '.' ~""'~ if ~~~-~~\-7--=-.. -- ; ~ ______-~ROPOSED STI ~E:L='.'-~: ! ~W COR LOT 1. ~,_,,5::'=:"_=-~1_"" ~~~ ;S89'23'16'F/~~- ~ ... ..................-.-- . (.,r,,~1;/. ~ \ c a- U c 2 o '-' o ~ o V '-' 6 a. / >. OJ > ~ :J VI / N o o 1'0 00 ~ / E ---.. ...--..- 1'''''7 L..j;./ ~".' -,- ----_._----~ -- -,--,-,-----'- I _ --\- r '-PROPOSEO PERMANENT STREET. I UTILITY AND DRAINAGE EASEMENT / AREA= 2274,00 SQ ft I ", ", / . ,w / . _ pIIOPOSEO 5' TElM'ORNlY I. :> ,~I 110NSTRUCTIllN EASEMENT ,.If:.. ~<i: I /,REA = 1500 SQ ft I / I I I I / I I / I I / I '--- , ! i I i I 1 1 I -.- -- --'---.-- , ------- >-----.,-------- _....... "......f --- o 2. I "f I i i I ......-.... --- ------_. -.--.-....... ...... ---- =:~>------- ...-.... -..---" ----'"' "roR S1~f,13.1 10'1' ... ;\ . \ ; 63).O~..~.h"L-- -- :~.",. I -,~ 8.34"".. ; ~ ~~:;; """~'ll.:: t .' ~ ~;jI7"~" . ' "", -,- ~. '" ",.~". ',--- r" ""'-' ~ _-,-- "~ ."""",,,--.- ' -' '-... .~", ,-- '- - """""",,' --'" ..........................---....~..- ., ", ",,-,'""'-'" ---~--~_:::::~/ -.--' --------------- .--- -- -- WSB Project No, 1283-002 Dale: June 11, 20031 Revised: Sep14, 2003 ... WSB 4150 Olson Memorial Highway Sutte 300 Minneapolis, MN 55422 Vacation Exhibit Parcel Number 1 vacation 7630541"800 FAX 763-541-1700 Prior Lake, Minnesota j/ (I Associates. 1m:. ~ lill__-=--'l!IIlIlIl.:tn Location Map New Post Office Site ~\~ _\A'otl po; ,<-\~ ' Priordale - Mall --- lOWER ST SE - VINE ST -i ::t :::> ~ ~ ~ 300 , o 300 Feet I I '" I _____, 'T --, ,..~ T T T T ~ J T '-Y' \ \ r- I:';'" // / ::/ ------ --- '" (IvvvO'{ ;:)', ;:)I: J </ 170lH STE ~\ I ODCIR ~I "- GO \~ L[j) N + ::>roperty Owners Adjacent to Post Office Site jt.;:t, -;0 v I I J ~ tL tiLulliWDJ ~ g ClJmwrnrnrnp o:mrmlljL~ ? 9 ~EEKSI~E ClR / ' . ANNA TRL I?E ] , o ill m ~ is m o ;0 ~ ~ ~ri'~ / ] Priordale Mall ) :/ ------ -- I ( ,~1 ~>tlp.:i\~ /\ " .......-- ------ 1bWE'R Sf SE - "- -l ~ ' i~ J. ~ ~ w. '"-[; ~~ r I ~I.-J __ LlJ~ .~ N ,) I I _____ I I 400 , o 400 800 Feet I 16200 Eagle Creek Avenue S,E, Prior Lake, MN 55372-1714 NOTICE OF PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF THE RIGHT-OF-WAY FOR DULUTH AVENUE AND THE DRAINAGE AND UTILITY EASEMENTS LOCATED ON LOTS 1 AND 2, BLOCK 1, ENEVID 1ST ADDITION 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 on Monday, October 20, 2003, at 8:30 p.m. or as soon thereafter as possible. The purpose of the hearing is to consider vacating a portion of the platted right-of-way for Duluth Avenue and the drainage and utility easements located on Lots 1 and 2, Enevid 1 st Addition. The vacation will facilitate the construction of the new Post Office, New easements will be dedicated to the City, The areas to be vacated are legally described as follows: Legal Description (Right-of-Way): That part of Duluth Avenue as shown on Enevid First Addition, according to said plat on file and of record in the office of the County Recorder, Scott County, Minnesota, described as follows: Commencing at the Southwest comer of Lot 1, Block 1, in said plat; thence North 12 degrees 50 minutes 33 seconds West, assumed bearing along the West line of said Lot 1, a distance of 1.14 feet to the point of beginning; thence Northerly a distance of 148.77 feet along a tangential curve concave to the East, having a radius of 267.40 feet, and a central angle of 31 degrees 52 minutes 37 seconds; thence South 28 degrees 52 minutes 05 seconds West, a distance of 151.13 feet; thence South 61 degrees 03 minutes 00 seconds East a distance of 24,67 feet; thence Easterly a distance of 37.66 feet along a tangential curve concave to the North having a radius of 65.33 feet and a central angle of 33 degrees 01 minutes 43 seconds; thence North 85 degrees 55 minutes 27 seconds East, tangent to last described curve, a distance of 8.34 feet to the point of beginning. AND Legal Description (Drainage and Utility Easements): All drainage and utility easements as delineated and dedicated on ENEVID 1ST ADDTION, according to the recorded plat thereof, Scott County, Minnesota, lying over, under and across the following described property: ]:\03 files\03 vacations\post office\post office mn,4oc f ' 1 k WWW.cltyopnorae.com Phone 952,447,4230 / Fax 952,447,4245 Lots 1 and 2, Block 1, ENEVID 1ST ADDITION, according to the recorded plat thereof, Scott County, Minnesota, If you wish to be heard in reference to this matter, 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 952-447-9810, Prepared this 23rd day of September, 2003 by: Jane Kansier, Planning Coordinator City of Prior Lake Mailed to owners of adjacent property on Friday, October 10, 2003. 1:\03 files\03 vacations\post office\post office mn,doc Location Ma) New Post Office Site ......'......?) 1\......", \\ /~/ / Y' " l_ II '-----.. . / \ 'Y:Jf(-: .......\ ......>/,:" , \; Q/ \ ,/ ~ '(\\G'(\~ \' / //~/,_/:,\-~\ \\\) / \\ \)\ / / .~\//' / \ ,-"// /.......-// / .1 \'b . ~ '(\\G'(\~ /~/ :-( \'b ~~ '(\\G'f\ ~ \"" '\, \ \ ~--............. "., \'y/ \\ ''--~...If'" / /<~ ............../ / \ ~, ff/"/~ '\ s[ ~ \ !:9\.....~?,,\ -~ '- o z '-. o In. 300 I 300 Feet I o ,. Priordale -I Mall ,/"'"-------- ~;:sl::;t: ~ () ~ l J= ~ h1lrT I 170TH ST E ,- \ \ PONDVIEW 7iil \\ i)' I ..'J(O?DC/~ ~ - '. \ ' (~( \ \ \ \J 1,-1 / --\ \ r - r-',-~ W~! N + AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss ST ATE OF MINNESOTA) (]~ ~the City of Prior Lake County of Scott, State of Minnesota, being duly sworn, says on the ~ay of ~, 2p03, she .served iattached list of persons .to have an interesj..in the \~ 1)/\ "^ ohLe ./ . fhoQ L V Ot,1- ~ - \ l" , by mailing to them a copy thereof, nc10sed in an enVelOp~ge prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. Subscribed and sworn to be this day of ,2003. NOTARY PUBLIC L:IDEPTWORKIBLANKFRMlMAILAFFD_DOC ;~ ,. i' j" ~~', NOTICE OF PUBLIC HEARING TO CONSIDER TtlE VACATION OF A PORTION OF THE RIGHT-OF-WAY FOR DULUTH A VENUE AND THE DRAINAGE AND UTILITY EASEMENTS LOCATED ON LOTS 1 AND 2, BLOCK 1, ENEVID 1ST ADDITION \ r; 1'1 f; ij r.; '" ,'i :i 'i" ,~;~ i:l f: 'j H ;:1 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 on Monday, October 20, 2003, at 8:30 p.m. or as soon thereafter as possible. The purpose of the hearing is to consider vacating a portion of the platted right-of-way for Duluth A venue and the drainage and utility easements located on Lots 1 and 2, Enevid 1 st Addition. The vacation will facilitate the construction of the new Post Office. New easements will be dedicated to the City. The areas to be vacated are legally described as follows: H f; I 1''\ I' Legal Description (Right-or-Way): That part of Duluth A venue as shown on Enevid First Addition, according to said plat on file and of record in the office of the County Recorder, Scott County, Minnesota, described as follows: Commencing at the Southwest corner of Lot 1, Block 1, in said plat; thence North 12 degrees 50 minutes 33 seconds West, assumed bearing along the West line of said Lot 1, a distance of 1.14 feet to the point of beginning; thence Northerly a distance of 148.77 feet along a tangential curve concave to the East, having a radius of 267.40 feet, and a central angle of 31 degrees 52 minutes 37 seconds; thence South 28 degrees 52 minutes 05 seconds West, a distance of 151.13 feet; thence South 61 degrees 03 minutes 00 seconds East a distance of 24.67 feet; thence Easterly a distance of 37.66 feet along a tangential curve concave to the North having a radius of 65.33 feet and a central angle of 33 degrees 01 minutes 43 seconds; thence North 85 degrees 55 minutes 27 seconds East, tangent to last described curve, a distance of 8,34 feet to the point of beginning. AND Legal Description (Drainage and Utility Easements): All drainage and utility easements as delineated and dedicated on ENEVID 1ST ADDTION, according to the recorded plat thereof, Scott County, Minnesota, lying over, under and across the following described property: 1:\03 files\03 vacations\post office\post office pn.doc 16200 Eagle Creek Ave, S.E" Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ) .. Lots 1 and 2, Block 1, ENEVID 1ST ADDITION, according to the recorded plat thereof, Scott County, Minnesota. If you wish to be heard in reference to this matter, 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 952-447-9810. I Prepared this 23rd day of September, 2003 by: Jane Kansier, Planning Coordinator City of Prior Lake TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN SEPTEMBER 27, 2003, OCTOBER 4, 2003 AND OCTOBER 11, 2003. 1 i~ " :, , -1 j I I I ~ ! j , 1:\03 files\03 vacations\post office\post office pn.doc , I l '.1 ,~ PID SHNAME 259020210 BEALMAKE PARTNERS LLC 251770010 FIRST NATIONAL BK SHAKOPEE 259020211 MARQUETTE BANK SHAKOPEE 252690010 UNITED STATES POSTAL SERVICE 252690020 UNITED STATES POSTAL SERVICE L:\03 Files\03 Vacations\Post Office\maillist.xls SHNAM2 SHHOUS SHSTRE ATTN BERNARD D PAUL 3535 380 380 6201 6201 VIA FLORES MARSCHALL RD S MARSCHALL RD S COLLEGE BLVD COLLEGE BLVD PROPERTY OWNERS LIST POST OFFICE VACATION SHAD2 SHCITY SHSSHZIP :HOUSGS STREGS STT ADI PRPLAT SAN DIEGO CA 92106 SHAKOPEE MN 55379 SHAKOPEE MN 55379 STE 400 OVERLAND PARK KA 66211 STE 400 OVERLAND PARK KA 66211 16760 TORONTO AV SE o o o o PLAT-25177 BROOKSVILLE CENTER 2ND ADDN PLAT-25269 ENIVID 1ST ADDN PLAT-25269 ENIVID 1ST ADDN PRL PRREGAL 1 SECT-G2 TWP-114 RNG-022 El/2 SWl/4 & Wl/2 SEl/4 LYING S OF HWY 13, LYING N & E OF BROOKSVILLE CENTER 2ND & ENIVID 1ST ADDN & LYING W OF TORONTO AV EX COM SE COR OF 1-1, BROOKSVILLE CENTER 2ND, N'ERL Y TO NE COR, NE 25', SE TO PT 125' E OF POB, W 125' EX P/O LYING S OF LINE COM SE COR LOT 1 . N 11-28-19 W ALONGE LINE LOT 1 83.60' TO POB, W 24.03',CURVE SW 80.70', N 21-15-20 W 45.73' TO W LINE LOT 1 & THERE TERM SECT-02 TWP-114 RNG-022 Wl/2 SEl/4 & El/2 SWl/4 COM SECOR OF 1-1 BROOKSVILLE CTR 2NDNW 419.74', NE 25', SE TO NE COR OF 2-1, W 125' TO POB EX P/O LYING S OF LINE COM SE CORBROOKSVILLE CTR 2ND, N 11-28-19 W ALONG E LINE LOT 1 83.60', CURVE NE 99,36' T 1 2 9/24/2003 d :~) (. c'.F'--~_,,__ 'I '" , ,. f 1- ',,' ',0' -' - c .~ ':r~ i -- '1' , :;', a ;':'1---! i (0",,- ,---,-I-~-',---- -' I ," 'r -:;..I; -, . I,: ',',~,~"l . : : ,.a _ ~ I " ~ ' ' I , ; ~ I ... A: __:.i._m_ i I" :n" i! ' ,U~ ' : I I H;:C"..-.-- -.~. j ~ ~,I ' . I a - ~ II \"It-+ -~!-- ~- - '..:.1.. - --: i :, : [""'-- , . ,', I' , -r t, ; 'r;-"T~. .~ : -~ ill ; i~ ! J"~ I 'Jt,' : J . !t: 1 :.": ; .= ~' : ,1 :a" ii , ' , ,[ -! t~ : ' : '/'_ L- '111i : !UII : :'~~~ ,', LA, . I ! ,'.laI: = i! I! 'I '!II ~It III.' 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Lor 1__"'" ~ t.., FO'4'R S7'R4'4'7' SfflSSf \ SlI' cattCA lOT lu#' .'...'::.;- L-23,50 l' ~:M~9l14" - -oJ' "'- .p ~ "'" ~ ..'~':' ,':r ..~t" ~ ,'-<, ,~ /..J../ ...\.) ,........ I'" C") .~.. ::~' '-" ... ~..,. .... <:?( ':(' <:::: fi:; "}o.. I~': ..:~~.. ~:/ \.1.. ENIVID FIRST ADDJTION r-, """ C _, I l.. " r-_ / ::-.:/;: - ':: ..:!,1i / ;l~;%' 'J,-';;: ~"..: I..~;~j:. J (:i,3'l.' <0 -<OJ '-' so I ::' " ~.. I~) /-) ~, , - ~~ , \ ,', ..... 1 / '-' ~/ j/,' '- "-- -- "'-- -- :~~,,~~t.~f_, ,.~9 ..,.. s,j~fJ:~ii4 -- .~ ! I -;-5 ... :: 50 :, I ~5 -., ~~ I, I ..~ :.:> ,:;: ~) ~ -. \..~ P '" ~ ~J ;;~ '. - " --. --" 1,.- ~ "'. L':~ I" '" ~......: ", ~.- ' , '- ,~ -'. .~ c::[ .. "-. '--' I I - ...., '- ( . , ~, --- ~ (I) Qj ----- ,,::~ T /-? E- E -r ANNA L..::.r-;c.: -~... ~ "'j{e9o ~$.,,~...... S! O,r.. _ r~~,t.~fi;~' - S'::U;-,:..t ....-"' ~ ,-- , " I , 3: 1.."'''' ~ .0 I!'~ ~.! ~...,..,.....-.0<1 M. _ ~1!J. "_ - - ---- '. ~~/~:- . :t:i I ::; I " I ,I I I I _ 1;"- Ie,. I I If< iI ,l'i1 ~:..r riP .n :1 ~ I I I I I p+-oRAlNAGE AND l.J.TJUT'Y EASEMEHt" 1 1 I I 1 I I I ~ I i- __ _ _ _ _ _ _ _ _ _ _ _ _ _ _......i '4!1r ~ -... 589.58' 12" E 174'--33 --- ., rSBl>.5TO$'!:,., ,,*"'!iROOMSWU..E .~ 1ST ~TJOllU \ -- -- - -- --1 I I 1 I I I I I 1 I I II~,' I v l ~ ';"T- 11 -. f . ( IlU I ill /J P 1 c_ / ~r' ..I ~ I ,'1 ~/-\ 1 ~_/ I I i I I ~ ....:id:'i-~--,.. L,Il2-.:-- :::; j rfC.::: ; C. ~-;-:: South lin. 01 rOq4_~":'~~" and lltilitj easement 'J"""T","- ~ ~I";a ~"5.~ 13 0.0 "-iO~ ", . c_,.. " '" _0- O~!2! :~~ 31!~ o=w ..!a:j g i~ """ .::ie -"Q 0-0 ~3~ j N I '" '" !OS '50 .. 0 ~ . i; e 0 8 <# '" fji,o JB ""'" .... "'" - . """ lZI --'0 ..~ ~ ~ ;= ~... ~- _..J ',..<0 ~ -;0 !!tn 0.0 ;g 0.0 ~ z< Southwest comer ot l.ot 1, alack 3. aROOKSVIlLE CENlER-- 1 S1' AI1DmON - -;--- , ,\""~ - _...~-- - . South tine oi the Southwest ':)uartet at 5'c,dfoA Z. -:-ownsb~ T T 4;. ~ang.e 12 '. South Quarta' .::omer ~t Section -. Township !" 1 "*'. Range )., (II l' :ron _~P8' t - . - South iine 0; :he Southeoat ()uoFter of S'ectiOA 1. T C)wnsnip T T" Range Z2 ,I "" -0 :g ~ , ':. '-' ... -' ,,,-, , ...,'- r- 1'" '- (: 2 1"- t: B c.. r~ ",J , , /1 , I ~~ ~, , , I..~ OUT lOT A 1\ , II' , v ;1 <';; ---- SCALE IH FtE7 o Gc.1,"",-~~ iRON MQNlJMENT ----- SEARINGS SlillWN ARE eASED ON AN ASSUMED OA11J1ll ----- ~~l~~ ~~ ~V,.'z.~~ ---- 3...... S 89.53: 43.\11" 414.60 rl'6S9~6'E ;tW ;JNIrat8ROOkSV1tJ..1!!: CEHTeR' iST' 4OOITJOI'ft :! DRAlNAGI;: AOlO UTlUTY EA$EJolENVS AilE SH€lWH THUS: -=- 1" I.ar I I I I I I l.. .sf -l _ BEiNG '0 ,~ IN WlGTH Al'lQ->D.iO~ RlGlol'T OF _ ~ _ 8EOO: If;) ~ IN. WIDTH _-'bID AOJOINIIIIG LOT UNES UNLESS OThlERWISE SEOWN. Rehder-Wenzel. Sheet 2 of 2 Sheets Rnc. ..J