HomeMy WebLinkAboutItem 06.kLakevit�c�
November 26, 2014 Item No.
DECEMBER 1, 2014 CITY COUNCIL MEETING
SCHLINK ROAD RIGHT-OF-WAY AND UTILITY EASEMENT VACATION
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution
approving the vacation of road right-of-way and a utility easement.
Adoption of this motion will vacate excess road right-of-way and a utility easement.
Overview
Scott Schlink has submitted an application for the vacation of public road right of way and
the vacation of a five foot wide utility easement dedicated with the McNearney and Larson
Addition plat in 1960. The applicant plans to build a detached garage in the area of the
vacated road right of way. The subject property is located at 20483 Hamburg Avenue, north
of Hartford Way. The property includes a single family home and a driveway located in the
platted road right of way to be vacated.
The Planning Commission held a public hearing and recommended unanimous approval of
the easement vacation at their November 20, 2014 meeting subject to one stipulation. There
was no public comment.
Primary Issue To Consider
Is the road right-of-way and utility easement necessary for future public purposes? The right-
of-way dedicated with the original plat in 1960 anticipated a future road south of the Schlink
property. The road right-of-way is no longer necessary for public road purposes and drainage and
utility easements will be dedicated around the entire Schlink property in compliance with current
ordinance requirements.
Supporting Information
0 Vacation Resolution
0 Grant of Permanent Easement
0 November 20, 2014 draft Planning Commission meeting minutes
0 November 13, 2014 planning report
Frank Dempsey, AICP, Associate Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances
Notes:
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
RESOLUTION NO. 14-120
RESOLUTION VACATING ROAD RIGHT-O-FWAY AND UTILITY EASEMENT
WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2)
weeks published notice, to consider the following described road right-of-way and utility
easement vacation located at and adjacent to 20483 Hamburg Avenue; and
WHEREAS, the City Council has determined that it is in the public interest to vacate said
road right-of-way and utility easement.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The following road right-of-way and utility easements are hereby vacated:
That part of the "Public Road" as platted in the plat of McNearney and Larson Addition
lying southerly and southeasterly of Lot 12, Block 1, and westerly of the west right of
way line of the "Township Road" now known as Hamburg Avenue of said plat.
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The public utility easement over the westerly 5 feet of Lot 12, Block 1, McNearney and
Larson Addition, according to the recorded plat thereof.
2. The City Clerk is directed to file a certified copy of this resolution with the Dakota
County Recorder.
DATED this 1St day of December 2014
CITY OF LAKEVILLE
BY:
Matt Little, Mayor
ATTEST:
BY:
Charlene Friedges, City Clerk
STATE OF MINNESOTA)
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. is a true and correct copy of
the resolution presented to and adopted by the City Council of the City of Lakeville at a duly
authorized meeting thereof held on the 1 It
day of December 2014 as shown by the minutes
of said meeting in my possession.
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
14
Charlene Friedges
City Clerk
Seal
GRANT OF PERMANENT EASEMENT
KIMBERLY PERILA-SCHLINK AND SCOTT SCHLINK, wife and husband,
hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby
grant unto the CITY OF LAKEVILLE, a municipal corporation organized under the laws of
the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and
assigns, forever, a permanent easement for public drainage and utility purposes over, on, across,
under and through the land situated in the County of Dakota, State of Minnesota, and legally
described on the attached Exhibit "A" and depicted on Exhibit "B".
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 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 said public drainage
and utility systems.
The above named Grantors, their heirs, successors and assigns, do covenant with the
City, its successors and assigns, that they are well seized in fee title of the above described
easement premises; that they have the sole right to grant and convey the easement to the City;
1792060 1
that there are no unrecorded interests in the easement premises; and that they will indemnify and
hold the City harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this
Z i day of NJO 2014.
GRANTORS:
Kimberly,P hila-Schhnk
colt S hunk
STATE OF MINNESOTA )
)ss.
COUNTY OF D a K�f o )
The foregoing instrument was acknowledged before me this day of
NoV(M JXV , 2014, by Kimberly Perila-Schlink and Scott Schlink, wife and husband,
Grantors.
(aANNE M PETERSON
NOTARY PUBLIC -MINNESOTA
My Commission Expires Jan. 31, 2016 tart' blic
THIS INSTRUMENT WAS DRAFTED BY.
CAMPBE=LL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
AMP/cjh
179206v1
EXIMIT A
A 10.00 foot wide permanent easement for public drainage and utility purposes over, under,
across and adjoining the north, south, east and west property lines of the following described
parcel:
Lot 12, Block 1, McNEARNEY AND LARSON ADDITION, Dakota County, Minnesota,
according to the recorded plat thereof,
r
That part of the vacated "Public Road" as platted in the plat of McNEARNEY AND LARSON
ADDITION, Dakota County, Minnesota, lying southerly and southeasterly of Lot 12, Block 1,
and westerly of the west right of way line of the "Township Road" now known as Hamburg
Avenue of said plat.
179206v1
MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT EASEMENT
AFFINITY PLUS FEDERAL CREDIT UNION, an United States corporation,
which holds two mortgage on all or part of the property more particularly described in the
foregoing Grant of Permanent Easement, which mortgages are as follows: (1) Purchase Money
Mortgage dated March 29, 2013, and filed for record May 20, 2013, as Document No. 2950973
and (2) HomEquity Mortgage dated March 29, 2013, and filed for record May 20, 2013, as
Document No. 2950974 with the office of the County Recorder, Dakota County, Minnesota,
for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby join in, consent, and is subject to the foregoing Grant of Permanent
Easement.
AFFINITY PLUS FEDERAL CREDIT NION
:
BY
[print name]
Its
c
And:. --
jprint name]
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this 2--') day of
DV r? otLj , 2014, by DA vi tAAd etA- r and J 17v�I,IL 0 r7 47 ,
respectively the Lo /r� �l o and or l� � of
Affinity Plus Federal Credit Union, an United States corporation, on behalf of said \
corporation. n n
otary
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/cjh
179206v1 4
ANNE M PETERSON
NOTARY PUBLIC -MINNESOTA
my Cwwft�O1 Expires Jan. 91, 2016
■
Planning Commission Meeting Minutes, November 20, 2014
Page 2
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated
thatathere are currently two easements over Dodd Boulevard proposed to be vacated
in colnction with the final plat for Feldman Heights, located north of 190th Street
and ea of Dodd Boulevard (CSAH 9). She indicated that the first is a 33 foot wide
road eas ent and the second is a 60 foot wide road, drainage, and utility easement
that overla the 33 foot wide easement, which is shown on Exhibit B in the
November 12;,014 planning report.
Ms. Jenson stated that the easements to be vacated will be replaced by the
dedication of 60 fee o� feast half right-of-way for Dodd Boulevard with the Feldman
Heights final plat. Sh indicated that approval of the vacations will be contingent
upon the recording of the final plat. If JAFCO, LLC chooses not to move forward
and record the final plat ththe easements will not be vacated.
Ms. Jenson stated that PlanNpg Department staff recommends approval of the
easement vacation subject to thie,,one stipulation listed in the "November 12, 2014
planning report.
Chair Lillehei opened the hearing to the�ub o for comment.
There were no comments from,,the audienc'
Motion was made by Drotning, Secondee
hearing at 6:05 p.m.
Ayes: Swenson, Maguire, Lillehei; ReuVers,
Nays: 0,
Maguire to close the public
i \, Drotning
Chair Lillehei asked for comments from`>the Planning Coission. There were no
comments from the Planning Commission:
Motion was _made by Drotning, Seconded by Swenson to commend to City
Council app of the vacation of a street, drainage and utility a ement for Dodd
Boulevard, located south'•of 185th Street (CSAH 60) and north o 190th Street,
subject to the following stipulation:
1. The easement vacation is subject to the approval and recording of the eldman
Heights final plat.
Ayes: Maguire, Lillehei, Reuvers, Kaluza, Drotning, Swenson
6. Scott Schlink
Chair Lillehei opened the public hearing to consider the application of Scott Schlink
for a vacation of public road right of way and a utility easement, located west of
Hamburg Avenue and north of Hartford Way.
Scott Schlink was not in attendance at this time.
Planning Commission Meeting Minutes, November 20, 2014 Page 3
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that Scott Schlink has submitted an application for the vacation of public road
right of way and the vacation of a five foot wide utility easement dedicated with the
McNearney and Larson Addition plat in 1960. He indicated that Mr. Schlink's plan is
to build a detached garage in the area of the vacated road right of way.
Mr. Dempsey explained that the right of way that Mr. Schlink is requesting to be
vacated represents the north half of the future 205th Street that was planned to be
extended to the west of Hamburg Avenue. Due to the ,plat of Village Creek 4th
Addition, approved in 2012, and the plat of Aronson Bluff, approved in 2013, the use
of the subject right of way for street purposes is no longer necessary.
Mr. Dempsey stated that the five foot wide utility easement along the west boundary
of the lot is also proposed to be vacated and'will be re-established with a 10 foot
wide drainage and utility easement around the perimeter of Mr.`Schlink's parcel and
the vacated right of way in compliance with standard lot boundary easement
dedication.
Mr. Dempsey indicated that there are no identified City utilities within the proposed
area to be vacated and the utility companies have responded with no concerns.
Mr. Dempsey stated that Planning Department staff, recommends approval of the
road right-of-way and utility easement vacation subjectAo�the three stipulations listed
in the November 13, 2014 planning 'report."
Chair Lillehei opened the hearing to the. public for comment.
There were no comments from the audience_
Motion was made by Swenson, seconded by Reuvers to close the public
hearing at 6:09 p.m.
Ayes: Lillehei, Reuvers, Kaluza, Drotning, Swenson, Maguire
Nays: 0
Chair Lillehei asked for comments from the Planning Commission. Discussion
points included:
• Commissioner Drotning commented on the fact that the applicant was not
present and whether the Planning Commission is comfortable voting on this
agenda item without the applicant in attendance.
• Commissioner Reuvers clarified with staff that the applicant has agreed to the
stipulations.
• Mr. Morey stated that the Planning Commission has a couple options. They
could table the item until later in tonight's meeting to see if the applicant
shows up, or make a motion to recommend to City Council without the
applicant present. Mr. Morey explained that with easement vacation requests
7.
Planning Commission Meeting Minutes, November 20, 2014
Page 4
such as these, staff is comfortable with the Planning Commission making a
recommendation even though the applicant is not in attendance.
Motion was made by Maguire, seconded by Drotning to recommend to City
Council approval of a vacation of public road right of way and a utility easement,
located west of Hamburg Avenue and north of Hartford Way subject to the following
three stipulations:
1. The vacated road right of way shall be combined with the homestead
parcel into one property identification number.
2. The property owner shall dedicate a 10 foot wide boundary drainage and
utility easement as described on the Certificate of Survey submitted with
the vacation application. The signed easement agreement shall be
submitted prior to City Council consideration of the. vacation request.
3. A building permit shall be approved by the City -prior to commencing
construction of the proposed shed.
Ayes: Reuvers, Kaluza, Drotning, Swenson, Maguire, Lillehei
Nays: 0
Chair i ehei opened the public,heanng,to consider the application of Shamrock
Developm \]not
e following, located east of Holyoke Avenue and south of
195th Streetn of a roadway, drainage end utility easement; B. Vacation
of a roadwaor Highview Avenue.
The applicain attendance at;tonight's meeting.
AssociatePlanner Kris Jens presented the planning report. Ms. Jenson stated
that Shamrock Development has submitted an application for the vacation of two
road easements in conjunction wi the final plat of Legacy 1St Addition. She
indicated that the first easement prop t. Thed to be vacated is a 60 foot by 30 foot
easement at the east end of` 195th Streee Legacy 1St Addition plat will replace
this easement with platted right-of-way. 4.1
Ms. Jenson indicated that the second easement is Gated on the south side of the
property. 19$th Street is a rural gravel section of roa ay within an easement that
provides access to two existing homes located south oft Legacy 1St Addition final
plat. The existing easement is proposed to be vacated an will be replaced with
platted right-of-way on the Legacy 1 st Addition final plat.
Ms. Jenson stated that approval of the vacation request will be continigept upon the
recording of the final plat. If Shamrock Development chooses not to move forward
and record the Legacy 1 st Addition final plat, then the easements will not be v ated.
Ms. Jenson indicated that she had received one phone call from a resident
questions regarding the easement vacation.
City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: November 13, 2014
Subject: Packet Material for the November 20, 2014 Planning Commission Meeting
Agenda Item: Vacation of Road Right of Way and Utility Easement located at 20483
Hamburg Avenue.
Application Action Deadline: December 26, 2014
INTRODUCTION
Scott Schlink has submitted an application for the vacation of public road right of way and
the vacation of a five foot wide utility easement dedicated with the McNearney and Larson
Addition plat in 1960. Mr. Schlink's plan is to build a detached garage in the area of the
vacated road right of way. The subject property is located at 20483 Hamburg Avenue,
north of Hartford Way. The property includes a single family home and a driveway located
in the platted road right of way to be vacated.
The Schlink property is an 18,500 square foot parcel platted as Lot12, Block 1, McNearney and
Larson Addition. The lot includes a 2,052 square foot single family home and a driveway access
off of Hamburg Avenue.
EXHIBITS
A. Aerial Photo
B. Certificate of Survey with Vacation Sketch
C. McNearney and Larson Addition plat
VACATION
The right of way that the applicant requests to be vacated represented the north half of
the future 205th Street that was likely planned to be extended to the west and east of
Hamburg Avenue. Since the plat of Village Creek 4th Addition to the south was approved
in 2012 and the Aronson Bluff plat to the west was approved in 2013, the use of the subject
right of way for street purposes is no longer viable.
The total combined area of the right of way to be vacated is 5,700 square feet. The five
foot wide utility easement along the west boundary of the lot is also proposed to be
vacated and will be reestablished with a 10 foot wide drainage and utility easement
around the perimeter of parcel and vacated right of way in compliance with standard lot
easement dedication.
All utility companies with a potential interest in the easement vacation have been notified
and all have responded with no concerns. There are no identified City utilities within the
proposed area to be vacated.
RECOMMENDATION
Planning Department staff recommends approval of the road right-of-way and utility
easement vacation subject to the following stipulations:
1. The vacated road right of way shall be combined with the homestead parcel into
one property identification number.
2. The property owner shall dedicate a 10 foot wide boundary drainage and utility
easement as described on the Certificate of Survey submitted with the vacation
application. The signed easement agreement shall be submitted prior to City
Council consideration of the vacation request.
A building permit shall be approved by the City prior to commencing construction
of the proposed shed.
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DESCRIPTION OF STREET TO BE VACATED:
(Hatched Area)
That part of the "Public Road" as platted in the plat of
McNEARNEY AND LARSON ADDITION, Dakota County, Minnesota,
lying southerly and southeasterly of Lot 12, Block 1, and westerly
of the west right of way line of the "Township Road" now known
as Hamburg Avenue of said plat.
DESCRIPTION OF PUBLIC UTILITY EASEMENT
TO BE VACATED:
The public utility easement over the westerly 5 feet of Lot 12, Block
1, McNEARNEY AND LARSON ADDITION, Dakota County, Minnesota,
according to the recorded plat thereof.
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I hereby certify that this is a correct
representation of a survey of:
Lot 12, Block 1, McNEARNEY AND LARSON
ADDITION, Dakota County, Minnesota, according to
the recorded plat thereof.
And that this survey and certificate was prepared
by me or under my direct supervision and that I
am a duly licensed Land Surveyor under the laws
of the State of Minnesota.
Grant D. Jacobson, 6N License No. 23189
Dated this 22nd Day of October, 2014
LEGEND
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I hereby certify that this is a correct
representation of a survey of:
Lot 12, Block 1, McNEARNEY AND LARSON
ADDITION, Dakota County, Minnesota, according to
the recorded plat thereof.
And that this survey and certificate was prepared
by me or under my direct supervision and that I
am a duly licensed Land Surveyor under the laws
of the State of Minnesota.
Grant D. Jacobson, 6N License No. 23189
Dated this 22nd Day of October, 2014
PROJ. NO:
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1 hereby certify that this plan, specification, or report was prepared by me
or under my direct supervision and that I am a duly licensed Professional
Engineer and Land Surveyor under the laws of the State of Minnesota.
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Signature: y ��,� License No: 2 � r 8 9
Print Name: Date: 10 22 14
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JACOBSON
ENGINEERS 8c SURVEYORS
jacobson@engrsurv.com 21029 HERON WAY
(952) 469-4328 LAKEVILLE, MN 55044 FAX (952) 469-4624
DRAWN: GAM
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214120
1 hereby certify that this plan, specification, or report was prepared by me
or under my direct supervision and that I am a duly licensed Professional
Engineer and Land Surveyor under the laws of the State of Minnesota.
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Signature: y ��,� License No: 2 � r 8 9
Print Name: Date: 10 22 14
C�+�A"r P Jf]Go40 $cyL1 /
JACOBSON
ENGINEERS 8c SURVEYORS
jacobson@engrsurv.com 21029 HERON WAY
(952) 469-4328 LAKEVILLE, MN 55044 FAX (952) 469-4624
DRAWN: GAM
CHECKED: GDJ
SCALE: AS SHOWN
FIELD BOOK: A
DATE: 10/22/14
PROPOSED DESCRIPTION FOR PARCEL A:
Lot 12, Block 1, McNEARNEY AND LARSON ADDITION, Dakota
County, Minnesota, according to the recorded plat thereof.
And,
That part of the "Public Road" as platted in the plat of
McNEARNEY AND LARSON ADDITION, Dakota County, Minnesota,
lying southerly and southeasterly of Lot 12, Block 1, and westerly
of the west right of way line of the "Township Road" now known
as Hamburg Avenue of said plat.
PROPOSED PUBLIC EASEMENTS FOR PARCEL A:
A 10.00 foot wide public drainage and utility easement over,
under, across, and adjoining the north, south, east, and west
property lines of the above described Parcel A.
PROPOSED CONDITIONS
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PREPARED FOR: SHEET N0.
Scott SchlinkC 1
CERTIFICATE OF SURVEY 20483 HAMBURG AVENUE
20483 Hamburg Avenue VACATION EXHIBIT LAKEVILLE, MN
Lakeville, MN 55044 1
Oct. 30, 14
214120-1
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