Loading...
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. WLl c 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. 4 vA 4Ldb IL < < L_\J 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. CHAIN-LINK FENCE � I I - EASEMENT TO BE VACATED wl >I w W EXISTING CONDITIONS U) BLOCK PAVERS BLOCK PAVER STAIRS -T- S 89039'38 E 191.26 0 0 WOOD DECK CONC. DECK WEST RIGHT-OF-WAY LINE OF "TOWNSHIP ROAD" (HAMBURG AVENUE) n 0 0 63.5 - LOT 12 HOUSE BLOCK 1 CONCRETE PORCH WOOD STAIRS _ BITUMINOUS R=10.00 C DRIVE REVISIONS 181.32/ A T I iI I I A / F- ED F_ -F-1,// H Ti I A F-\ F -'\1T1 /_-� N I V I L_ L_/-\ \ 7 L_ I\ L_ L_ C\ fi I F I /-\ LJ LJ I I I\ ./ I \l 0 LO 00 ° V) LLJ 0 0 H �T Li 0 HYD. �D 1� P. P. < 0 < O cn O z M u_ O w O 0 w Q 0 VJ z 0 U) a +-0 C6 i SAN. MH SCALE IN FEET 0 20 40 60 10 30 0 - DENOTES IRON MONUMENT BEARINGS ARE ASSUMED DATUM LEGEND <I WATER MAIN LINE - S SANITARY SEWER LINE - ST STORM SEWER LINE OHE OVERHEAD ELECTRICAL LINE O 0) W O C �I z FIRE HYDRANT P. P. POWER POLE L. P. 01 C. B. CATCH BASIN W. V. WATER VALVE M.H. 0I XFMR. TRANSFORMER LI BLOCK PAVER STAIRS -T- S 89039'38 E 191.26 0 0 WOOD DECK CONC. DECK WEST RIGHT-OF-WAY LINE OF "TOWNSHIP ROAD" (HAMBURG AVENUE) n 0 0 63.5 - LOT 12 HOUSE BLOCK 1 CONCRETE PORCH WOOD STAIRS _ BITUMINOUS R=10.00 C DRIVE REVISIONS 181.32/ A T I iI I I A / F- ED F_ -F-1,// H Ti I A F-\ F -'\1T1 /_-� N I V I L_ L_/-\ \ 7 L_ I\ L_ L_ C\ fi I F I /-\ LJ LJ I I I\ ./ I \l 0 LO 00 ° V) LLJ 0 0 H �T Li 0 HYD. �D 1� P. P. < 0 < O cn O z M u_ O w O 0 w Q 0 VJ z 0 U) a +-0 C6 i SAN. MH SCALE IN FEET 0 20 40 60 10 30 0 - DENOTES IRON MONUMENT BEARINGS ARE ASSUMED DATUM 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 - W WATER MAIN LINE - S SANITARY SEWER LINE - ST STORM SEWER LINE OHE OVERHEAD ELECTRICAL LINE E BURIED ELECTRICAL LINE T BURIED TELEPHONE LINE C BURIED GAS LINE HYD. FIRE HYDRANT P. P. POWER POLE L. P. LIGHT POLE C. B. CATCH BASIN W. V. WATER VALVE M.H. MANHOLE XFMR. TRANSFORMER CBLX. CABLE BOX 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: LI 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. �} 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 IL —J I 10 _D I _J I � z I w I � _ C� w w I cn w O� I J I � 00 I i_ 0 < I < I; �� O ; I -z < z � Q I � Di I I i 10 L--- 0 PROJ. NO: 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. �} 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 CHAIN-LINK FENCE S 89039'38" E 191.26 ° DRAINAGE AND UTILITY EASEMENT o WOOD DECK BLOCK PAVERS -\ 111 L, HOUSE CONC. DECK BLOCK PAVER STAIRS BITUMINOUS PROPOSED DRIVE SHED WEST RIGHT-OF-WAY LINE OF "TOWNSHIP ROAD" (HAMBURG AVENUE) 0 0 L_�/ CONCRETE PORCH - WOOD STAIRS PARCEL A P. P. w � I w W g 0 W Cn < w J 00 LO < N ° W � 0 z Q 0 12.O VACATED PUBLIC ROAD I 10 EDGE OF BITUMINOUS DRIVEWAY --------------- — — — —1 J DRAINAGE AND UTILITY EASEMENT o 191.27 S 89058'20" W -T_ / \ T 11 v /I I I A F- F F_ A TI i A r-"\ 7-\ 1TI N I V I L_ L_/ -v \ 7 �_ A L_ L_ C �� ` fi F -v LJ LJ I I 0 0 0 HYD. P. P. SAN. MH 5 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 B 19 O Ir 9 r z Q z S� I I --J 1 .---------- ----- nY�iu 1'iz .y'?ILi 1�.ull }itY Nii4• MON dolu Ol $ F tM ♦• Q p � YY Le i¢ 4 .a,.r i rsn la aun .u• i1Y1f1 LWuxu] iifun S EXHIBIT C a,G t _Y y_` I I --J 1 .---------- ----- nY�iu 1'iz .y'?ILi 1�.ull }itY Nii4• MON dolu Ol $ F tM ♦• Q p � YY Le i¢ 4 .a,.r i rsn la aun .u• i1Y1f1 LWuxu] iifun S EXHIBIT C