HomeMy WebLinkAbout2012-11-07 PACKET 04.D.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 1117/12 •
PREPARED BY Community Development Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider amending Resolution No. 2012 -074, which vacates and discontinues a portion of
Ideal Avenue between 60th Street and 63rd Street, to include a modified legal description of
the vacated and discontinued right -of -way.
STAFF RECOMMENDATION
Adopt the resolution amending Resolution No. 2012 -074.
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❑ ECONOMIC DEV. AUTHORITY
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® MEMO /LETTER: Memo from John McCool dated 10/31/12
® RESOLUTION: Resolution No. 2012 -074
Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
® OTHER: Exhibit A (drawing showing vacated right -of -way)
ADMINISTRATOR'S COMMENTS '
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ty Administrator Date
COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
CITY OF COTTAGE GROVE
MINNESOTA
TO: Honorable Mayor and City Council
Ryan Schroeder, City Administrator
FROM: John McCool, Senior Planner
DATE: October 31, 2012
RE: Vacated Ideal Avenue — Revised Legal Description
Introduction
The City Council is requested to adopt a resolution amending Resolution No. 2012 -074, which
used a legal description that specifically references its 33 -foot width. The Title Company
requested that the City change this legal description to provide clear title to the City once
ownership is transferred from Roger and Ruth Ann Bothe to the City.
A copy of Resolution No. 2012 -074, the revised legal description, and a sketch drawing showing
that portion of vacated Ideal Avenue South right -of -way is attached as Exhibit "A."
Background
On July 18, 2012, the City Council held a public hearing vacating and discontinuing a portion of
Ideal Avenue located between 60th Street and 63rd Street. As reported on July 18, the east half
of Ideal Avenue abuts two parcels of land owned by Roger and Ruth Ann Bothe. The Bothes did
not object to vacating this segment of Ideal Avenue and agreed to sell 1.161 acres of vacated
right -of -way to the City. The City Council unanimously (5 -to -0 vote) approved this street vacation
and authorized the City Clerk to prepare a Notice of Completion of this street vacation and file it
with Washington County.
In preparing the warranty deed to convey the vacated right -of -way from Bothes to the City of
Cottage Grove, Old Republic Title Company requested that the legal description be modified to
specifically reference that the vacated right -of -way is 33 feet wide. For this reason, the legal
description was modified and a new resolution must be adopted before fee ownership is trans-
ferred to the City of Cottage Grove.
Recommendation
The City Council is requested to adopt a resolution amending Resolution No. 2012 -074, which
vacates and discontinues a portion of Ideal Avenue South located between 60th Street South
and 63rd Street South. Said resolution declares that this street vacation is in the best interest of
the public and the City of Cottage Grove. It authorizes the Mayor and City Clerk to sign all doc-
uments necessary to effectuate the intent of this resolution, and authorizes the City Clerk to
prepare a Notice of Completion of this vacation proceeding in accordance with Minnesota
Statutes Section 412.851 and presenting it to Washington County.
RESOLUTION NO. 2012 -074
A RESOLUTION VACATING AND DISCONTINUING A PORTION OF
IDEAL AVENUE SOUTH LOCATED BETWEEN 60TH STREET SOUTH
AND 63RD STREET SOUTH, COTTAGE GROVE, MN
WHEREAS, the City of Cottage Grove has applied to vacate and discontinue certain
public right -of -way on property legally described as:
That part of west half of Ideal Avenue lying in the Northeast Quarter of Section 5,
Township 27, Range 21, Washington County, Minnesota, lying southerly of the
easterly extension of the northerly line of Outlot A, PINECLIFF 4TH ADDITION,
according to the recorded plat thereof, Washington County, Minnesota and lying
northerly of the easterly extension of the southerly line of Outlot D, PINECLIFF
2ND ADDITION, according to the recorded plat thereof, Washington County,
Minnesota.
And
That part of east half of Ideal Avenue lying in the Northwest Quarter of Section 4,
Township 27, Range 21, Washington County, Minnesota, lying southerly of the
easterly extension of the northerly line of Outlot A, PINECLIFF 4TH ADDITION,
according to the recorded plat thereof, Washington County, Minnesota and lying
easterly and northerly of the following described line:
Commencing at the southwest corner.of said Northwest Quarter; thence North 00
degrees 49 minutes 49 seconds East, along the west line of said Northwest
Quarter, a distance of 808.64 feet to the point of beginning; thence South 07
degrees 13 minutes 25 seconds East a distance of 176.82 feet; thence southerly
75.06 feet, along a tangential curve, concave to the west, having a central angle
of 08 degrees 06 minutes 53 seconds and a radius of 530.00 feet; thence South
00 degrees 49 minutes 49 seconds West a distance of 58.01 feet; thence North
89 degrees 37 minutes 41 seconds East a distance of 3.00 feet to the easterly
right of way line of said Ideal Avenue and there terminating
WHEREAS, notice of public hearing was published in the South Washington County
Bulletin on June 6, 2012; and
WHEREAS, the public hearing to consider the vacation of such street was held on the
June 20, 2012, before the City Council in the City Hall located at 7516 80th Street South at
7:30 p.m. after due published and posted notice had been given, as well as personal mailed
notice to all affected property owners by the City on the June 8, 2012, and all interested and
affected persons were given an opportunity to voice their concerns and be heard; and
WHEREAS, any person, corporation, or public body owning or controlling easements
contained upon the property vacated, reserves the right to continue maintaining the same or to
Page 2
enter upon such way or portion thereof vacated to maintain, repair, replace, or otherwise
attend thereto; and
WHEREAS, the City Council in its discretion has determined that the street vacation will
benefit the public interest because said portion of Ideal Avenue will be relocated within the
adjoining residential subdivision plat named Pinecliff 5th Addition. A new neighborhood public
park will be developed on a portion of this vacated Ideal Avenue; and
WHEREAS, no written or oral testimony from the general public opposed said right -of-
way vacation at the public hearing on June 20, 2012; and
. WHEREAS, the City Council continued the approval of this proposed vacation to the
July 18, 2012, meeting; and
WHEREAS, at least four - fifths of the City Council members must concur in this
resolution; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
CottageGrove, Washington County, Minnesota:
1. That the proposed vacation of Ideal Avenue South lying be 60th Street South and
63rd Street South is in the best interest of the public and the City of Cottage Grove; and
2. The portion of Ideal Avenue South as legally described above is hereby declared
vacated and discontinued.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to
sign all documents necessary to effectuate the intent of this resolution and that the City Clerk
or their designee prepare a notice to be presented to the proper Washington County officers a
Notice of Completion of this vacation proceeding in accordance with Minnesota Statutes
Section 412.851.
Passed this 18th day of July 2012.
^F n Bail , ayor
Attest:
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Caron M. Stransky, City Cler
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RESOLUTION NO. 2012 -XXX
A RESOLUTION AMENDING CITY OF COTTAGE GROVE
RESOLUTON NO. 2012 -074, WHICH VACATES AND DISCONTINUES
A PORTION OF IDEAL AVENUE SOUTH BETWEEN 60TH STREET SOUTH
AND 63RD STREET SOUTH, COTTAGE GROVE, MN
WHEREAS, the City of Cottage Grove has applied to vacate and discontinue certain
public right -of -way on property legally described as:
That part of west half of Ideal Avenue lying in the Northeast Quarter of Section 5,
Township 27, Range 21, Washington County, Minnesota, lying southerly of the
easterly extension of the southerly line of Outlot A, PINECLIFF 4TH ADDITION,
according to the recorded plat thereof, Washington County, Minnesota and lying
northerly of the easterly extension of the southerly line of Outlot D, PINECLIFF
2ND ADDITION, according to the recorded plat thereof, Washington County,
Minnesota.
_I
That part of the existing 33.00 foot right -of -way for Ideal Avenue lying in the
Northwest Quarter of Section 4, Township 27, Range 21, Washington County,
Minnesota, lying southerly of the easterly extension of the northerly line of Outlot
A, PINECLIFF 4TH ADDITION, according to the recorded plat thereof, Washington
County, Minnesota and lying easterly and northerly of the following described line:
Commencing at the southwest corner of said Northwest Quarter; thence North 00
degrees 49 minutes 49 seconds East, along the west line of said Northwest
Quarter, a distance of 808.64 feet to the point of beginning; thence South 07
degrees 13 minutes 25 seconds East a distance of 176.82 feet; thence southerly
75.06 feet, along a tangential curve, concave to the west, having a central angle of
08 degrees 06 minutes 53 seconds and a radius of 530.00 feet; thence South 00
degrees 49 minutes 49 seconds West a distance of 58.01 feet; thence North 89
degrees 37 minutes 41 seconds East a distance of 3.00 feet to the easterly right of
way line of said Ideal Avenue and there terminating
WHEREAS, notice of public hearing was published in the South Washington County
Bulletin on June 6, 2012; and
WHEREAS, the public hearing to consider the vacation of such street was held on the
June 20, 2012, before the City Council in the City Hall located at 7516 80th Street South at 7:30
p.m. after due published and posted notice had been given, as well as personal mailed notice to
all affected property owners by the City on the June 8, 2012, and all interested and affected
persons were given an opportunity to voice their concerns and be heard; and
WHEREAS, any person, corporation, or public body owning or controlling easements
contained upon the property vacated, reserves the right to continue maintaining the same or to
enter upon such way or portion thereof vacated to maintain, repair, replace, or otherwise attend
thereto; and
Resolution No. 2012 -XXXX
Page 2
WHEREAS, the City Council in its discretion has determined that the street vacation will
benefit the public interest because said portion of Ideal Avenue will be relocated within the
adjoining residential subdivision plat named Pinecliff 5th Addition. A new neighborhood public
park will be developed on a portion of this vacated Ideal Avenue; and
WHEREAS, no written or oral testimony from the general public opposed said right -of-
way vacation at the public hearing on June 20, 2012; and
WHEREAS, the City Council continued the approval of this proposed vacation to the July
18, 2012, meeting; and
WHEREAS, at least four - fifths of the City Council members must concur in this
resolution; and
WHEREAS, in preparing the warranty deed conveying fee ownership of the vacated right -
of -way, the Title Company required that the legal description be modified for purposes of
specifically referencing that the vacated right -of -way is 33 feet in width; and
WHEREAS, the legal description was revised for purposes of describing the same area
originally vacated and discontinued by the City Council on July 18, 2012.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of CottageGrove,
Washington County, Minnesota:
1. That the proposed vacation of Ideal Avenue South lying between 60th Street South
and 63rd Street South is in the best interest of the public and the City of Cottage
Grove; and
2. The portion of Ideal Avenue South as legally described above is hereby declared
vacated and discontinued.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to
sign all documents necessary to effectuate the intent of this resolution and that the City Clerk or
their designee prepare a notice to be presented to the proper Washington County officers a
Notice of Completion of this vacation proceeding in accordance with Minnesota Statutes Section
412.851.
Passed this 7th day of November 2012.
Myron Bailey, Mayor
Attest:
Caron Stransky, City Clerk
NOTICE OF COMPLETION OF VACATION
CITY OF COTTAGE GROVE
COUNTY OF WASHINGTON — STATE OF MINNESOTA
To Whom It May Concern:
Please take notice:
1) Pursuant to Minn. Stat. 412.851 the City of Cottage Grove initiated the
vacation and discontinuance of certain utility and drainage easements described below:
That part of west half of Ideal Avenue lying in the Northeast Quarter of
Section 5, Township 27, Range 21, Washington County, Minnesota, lying
southerly of the easterly extension of the southerly line of Outlot A,
PINECLIFF 4TH ADDITION, according to the recorded plat thereof,
Washington County, Minnesota and lying northerly of the easterly extension
of the southerly line of Outlot D, PINECLIFF 2ND ADDITION, according to the
recorded plat thereof, Washington County, Minnesota.
And
That part of the existing 33.00 foot right -of -way for Ideal Avenue lying in the
Northwest Quarter of Section 4, Township 27, Range 21, Washington County,
Minnesota, lying southerly of the easterly extension of the northerly line of
Outlot A, PINECLIFF 4TH ADDITION, according to the recorded plat thereof,
Washington County, Minnesota and lying easterly and northerly of the
following described line:
Commencing at the southwest corner of said Northwest Quarter; thence
North 00 degrees 49 minutes 49 seconds East, along the west line of said
Northwest Quarter, a distance of 808.64 feet to the point of beginning; thence
South 07 degrees 13 minutes 25 seconds East a distance of 176.82 feet;
thence southerly 75.06 feet, along a tangential curve, concave to the west,
having a central angle of 08 degrees 06 minutes 53 seconds and a radius of
530.00 feet; thence South 00 degrees 49 minutes 49 seconds West a
distance of 58.01 feet; thence North 89 degrees 37 minutes 41 seconds East
a distance of 3.00 feet to the easterly right of way line of said Ideal Avenue
and there terminating.
2) Notice of hearing of said vacation was duly published, posted, and mailed in
accordance with applicable Minnesota Statutes and the public hearing was held on the
18th day of July, 2012.
3) The City Council of the City of Cottage Grove proceeded to hear all persons
interested in said vacation and all persons interested were afforded an opportunity to
present their views and objections to the proposed vacation.
Notice of Completion of Vacation
November 7, 2012
Page 2 of 2
4) That on the 18th day of July, 2012, the City Council of Cottage Grove
pursuant to Minn. Stat. 412.851 did adopt Resolution No. 2012 -074 and did thereby
vacate and discontinued the utility and drainage easements described above.
5) That on the 7th day of November, 2012, the City Council of Cottage Grove
adopted Resolution No. 2012 -XXX, which amends Resolution No. 2012 -074 by
modifying the legal description to specifically reference that the vacated right -of -way is
33 feet wide.
Dated this 7th day of November, 2012.
City of Cottage Grove
By
Caron M. Stransky
City Clerk