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Home My WebLink About2008-05-27 CC Meeting Packet EnclosureTime Required: Requester's Signature 5 Minutes • Meeting Date May 27ih2008 ak Park I-Iei Request for Council Action Agenda Item Title: Street Vacation Petition — Pecan Ave. — Petition from Adam and Beth Nelson of 6216 Lookout Trail and Washington Count Agenda Placement New Business (Public Hearing Earlier On Agenda) Origh ating Departrnent/Rcquesibr E c Johnson, City Administrator Action Requested Approve Street Vacation Background/Justification (Please indicate if any previous n-Aloita has baen DT if other public bodies have advised): Adam and Beth Nelson of 6216 Lookout Trail and Washington County have presented the City with a petition requesting that the City vacate a portion of a City right-of-way Pecan Ave. N. lying directly east of the Nelson property. ( Please see attached map ) . This vacation would facilitate the Nelson's proposed construction of a home/garage expansion eastwardly. Should the City vacate i.his street, one-half of the property would be conveyed to the Nelson's and the other half to Washington County. In turn, Washington County would hold appropriate proceedings to convey their half to the Nelsons as well as other lands lying between the Pecan Ave. road and the MNDOT easement for Lookout Trail. Upon the re-conveyance of the properties to the Nelsons, the Nelsons must then combine all properties into one parcel so that there are no substandard parcels left over. The City maintains no storm, sanitary or water utility services in this area to be vacated or that would be impacted by this street vacation. Staff does recommend that the City does vacate the street as petitioned with the following conditions: 1. Nelsons obtain a written commitment from Washington County to acquire their 1/2 of the proposed vacated street and the excess Washington County lands adjacent thereto. 2. Nelsons combine as a single parcel their existing lot, the vacated street and the adjacent excess Washington County lands or if not able to combine into a single tax parcel exe.k.:Lite a development agreement wi the city restrict/7g deveiopnent of all lands so acquired as a single inch residential IQL 3 Nelsons produce a final' certificate of survey and legal description an the !Ma/ parecl(s) after the transactions have been completed between them and the County May 1, 2008 To: The City of Oak Park Heights This letter is to request the vacation of a portion of the platted Fifth Street (aka Pecan Ave. North) that runs across lots 18, 19 and 20. Street Vacation portion Description: The ortion we would like vacated is the part of platted p Fifth Street that is shown on the recorded plat of Elfelt's Addition, Washington County, Minnesota being. that part of platted Fifth Street lying southerly of a line beginning at the northwesterly corner of Block 13 said Elfelt's Addition, and running thence westerly and terminatin g at the northeasterly corner of Block 19, said Elfelt's Addition, and also being that part of platted Fifth Street lying northerly of a line beginning at the southwesterly corner of Lot 18 of said Block 13, Elfelt's Addition, and running thence westerly and terminating at the southeasterly corner of Lot 3 of said Block 19, Elfelt's Addition, all in \ Washington County, Minnesota. Included is the legal description and a survey of the land described above. This vacation is needed so we can do an addition (pending city approval) due to the current lot lines and variances needed. The property east of the proposed vacated street is tax forfeited land. The County, acting in its administrative capacity on behalf of the State of Minnesota, supports the vacation of the above mentioned street. Please contact Adam or Beth Nelson, home owners adjacent to the proposed vacation, at 651 -439 -0983 with any questions. Thank you. Sincerely, Beth Nelson Adjacent Home Owner Kevin Corbid, `ector of Property Records and Taxpayer Services Department Washington County : OF 2 SilLE1S N - ADOMMONV /7 ••••• (71.2f 1 N . / 1 _5 kJ) 1 (2/:A/- a" 74/ 4- 117: Zer /17, 75 CERTIFICATE OF SURVEY -21 STr At5 Vs 57/ /e. / 75: --- • 1 \ VN 1 , i I It N N • ,,, ' % ;•'', kk iE .75 .... . • • • • • • • • • • • • • • Survey Made For: Adam and Beth Nelson 6216 Lookout Trl. No. Oak Pk. HI-: MN 55082 5: - [ Existing Nelson Parcel: \---/'\ -- ?.c See Doc. No. 3049526, \ made a part of this 1 ', survey by reference. ir Notes: Bearing system is per NnDOT R/1 Plat No. 82-86. "R." Ind. record value. "M." Ind. measured value. See Sheet 2 of 2 Sheets for Proposed Parcel One and Parcel Two descfs. o Ind. #13774 iron pipe. i Ind. iron found as noted. Offsets shown to existing structures are measured to the outside bldg. wall. Underground or overhead, public or private util's., on or adjacent the parcels, were not located in this survey, unless shown. Parcel One is part of an overall parcel that was tax delinquent in 1934. (see Book 142 of Deeds, Pg's. 75-116) The current owner of Parcel One is not known by by Stack Land Surveying. existing drive loc. across Parcel One and also across portions of platted Fifth St., a.k.a. Pecan Ave. No. This use across Parcel One is not defined by written esmnt. on Doc. No. 3049526 and use of this driveway is assumed to be an esmnt., prescriptive in nature. Ownership of said Parcel One should be deter- mined or acquired prior to vacating portions of platted Fifth St. utilizing the Parcel Two description as shown on Sheet 2. Future Proposed Garage Add'n. size and location is as proposed by client. 1 hereby certify t a - this survey, plan, or report was prepared by me or under my direct supervision and that 1 am a duly Registered Land Surveyor under the laws of the State of Minnesota. -eitft4iL Date Jan. 14 2008 Reg.Islo 13774 . official copies of this map ve crimp sealed. 0 0 co ,a) (I) 1 1 c 1 c U3 Dated thi E 7 ay of May, 2008 OF THE CITY COUNCIL City Administrator NOTICE OF PUBLIC HEARING ON APPLICATION FOR STREET VACATION REQUEST (vacation of a portion of the platted Fifth Street, a.k.a. Pecan Ave. North; those portions lying across lots 18,19 and 20) NOTICE OF PUBLIC HEARING CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council for the City of Oak Park Heights, Washington County, Minnesota shall hold a public hearing, at the direction of the City Administrator, upon the application of Ms. Elizabeth Nelson of 6216 Lookout Trail , N. and Washington County, Minnesota regarding the vacation of portion of a platted street legally described as: The part of platted Fifth Street that is shown on the recorded plat of Elfelt's Addition, Washington County, Minnesota being that part of platted Fifth Street lying southerly of a line beginning at the noThwesterly corner of Block 13 said Elfelt's Addition, and running thence westerly and terminating at the northeasterly corner of Block 19, said Elfelt's Addition, and also being that part of platted Fifth Street lying northerly of a line beginning at the southwesterly corner of Lot 18 of said Block 13, Elfelt's Addition, and running thence westerly and terminating at the southeasterly comer of Lot 3 of said Block 19, Elfelt's Addition, all in Washington County, Minnesota. The public hearing shall be held before the City Council Meeting on Tuesday, May 27 2008 at 7 :00 o'clock p.m. at the City Hall, 14168 Oak Park Blvd. N., Oak Park Heights, Minnesota, 55082. All written and oral comments will be considered.