HomeMy WebLinkAboutResolution - 90-77 - Amending 90-56 RE: Corral Lane Vacation - 04/03/1990 • CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. : 90- 77
AMENDING RESOLUTION 90-56
VACATING A PART OF THE RIGHT-OF-WAY
FOR CORRAL LANE
WHEREAS, the City of Eden Prairie has a certain right-of-way
described as follows:
Parcel One:
That part of Corral Lane, as depicted and dedicated in the
recorded plat of Eden Hills First Addition, according to said
recorded plat thereof on file and of record in the office of
the County Recorder, Hennepin County, Minnesota which lies
easterly of the West 30.00 feet thereof and lies southerly of
the easterly extension of the South line of Lot 27, Block 2,
said Eden Hills First Addition.
• Parcel Two:
Also all that part of Corral Lane, as depicted and dedicated
in the plat of Eden Hills First Addition, according to said
recorded plat thereof on file and of record in the office of
the County Recorder, Hennepin County, Minnesota which lies
northerly of the easterly extension of the South line of Lot
27, Block 2, said Eden Hills First Addition.
WHEREAS, on March 13, 1990 following a public hearing, the
City Council adopted Resolution 90-56 which ordered the vacation
of what is described as Parcels One and Two above described, and
directed the clerk to prepare a Notice of Completion of the
Proceedings in Accordance with Minnesota Statutes §412 .851 .
WHEREAS a Notice of the Completion of the Proceedings in
Accordance with Minnesota Statutes §412. 851 has not been prepared
• - 1 -
by the Clerk nor filed with the County Auditor as required by
• said Statute.
WHEREAS it has been determined by the City Council that it is
inappropriate to complete the vacation of that portion of Corral
Lane described above as Parcel One and that said Parcel One is
necessary and of interest to the public.
NOW THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY
COUNCIL AS FOLLOWS:
1 . Resolution number 90-56 is hereby amended by deleting
reference to what is described herein as Parcel One, so that
Parcel One is not vacated.
2. The City Clerk shall prepare a Notice of Completion
of Proceedings in Accordance with Minnesota Statutes §412.851,
applicable only to what is described herein as Parcel Two.
• 3 . The Notice of Completion shall be filed contemporaneous
upon the filing of the plat of Sandy Pointe and this Resolution
shall be effective only upon the filing of the plat of Sandy
Pointe.
ADOPTED BY THE EDEN PRAIRIE CITY COUNCIL THIS 3RD DAY OF
APRIL, 1990.
Gary . Pete6rsofi, Mayor
ATTES
JohiY
. Frane
City Clerk
• - 2 -
•
TO: Mayor and City Council
Through: Carl J. Jullie, City Manager
From: Richard F. Rosow, City Attorney
SUBJECT: Vacation of Corral Lane
DATE: April 3, 1990
As you are aware following a public hearing held on March 13,
1990 the council adopted Resolution 90-56 vacating a portion of
Corral Lane. The portion of Corral Lane that was vacated is
shown in the shaded ares on the attached map.
The vacation was done in connection with the platting of
Sandy Pointe which would provide the new alignment for the old
Corral Lane which would now be called Sandy Pointe Road. The
developer' s attorney had discussed the platting of Sandy Pointe
with the Registrar of Title' s office a number of times in
• connection with a discrepancy between the plat of Eden Hills
First Addition and the half section map. The plat of Eden Hills
First Addition identifies Corral Lane as extending to the section
line. The half section map however, indicates that there is a
thirty foot strip of property between the easterly right-of-way
of Corral Lane and the section line, or what has been referred to
as the alleged "gap" . A registration proceeding is contemplated
by the developer to cure any potential title defect caused by a
discrepancy between the plat and the half section map.
A different problem has arisen however with reference to the
plat of Sandy Pointe and the vacation of Corral Lane. The
developer' s attorney had originally represented to us that upon
• - 1 -
t '
vacation of Corral Lane the east half of the road would accrue to
• the developer. when the Examiner of Title' s office was reviewing
the plat in preparation for the registration proceeding relating
to the alleged gap, he indicated to the developer' s attorney that
the portion of Corral Lane which was subject to Resolution 90-56
would probably not accrue to the developer' s property on the east
side of Corral Lane but would rather accrue to Lot 26 . His rea-
son was that Corral Lane was created entirely out of the plat of
Eden Hills First Addition and that the vacated property would go
back to where it had come from, that being the property in Eden
Hills, rather than being divided one half to one side of the road
and one half to the other side of the road.
Upon being advised of this yesterday I reviewed with Eugene
Dietz the status of the vacation proceedings. Although the coun-
cil held the public hearing and adopted Resolution 90-56, Notice
of the vacation has not been filed with the County Auditor as is
required by Resolution and by the Statute, nor has the vacation
been filed with the County Recorder. The Courts have held that
in order for a vacation proceeding to be finally completed all
statutory requirements must be strictly followed. Since the
Notice has not been filed with the County Auditor' s office, the
vacation proceeding is not completed and accordingly not yet
effective.
Because the portion of Corral Lane adjacent to Lot 26 pro-
posed to be vacated would not accrue to the developer' s property
• - 2 -
on the east side of Corral Lane it would not be available for
• incorporation into the plat of Sandy Pointe. This creates a
problem which necessitates amending Resolution 90-56 by keeping
Corral Lane in its present location adjacent to Lot 26 .
Accordingly, I recommend that the council adopt the enclosed res-
olution amending Resolution 90-56 . The amending resolution
authorizes the vacation of Corral Lane north of Lot 26 upon fil-
ing of the plat of Shady Pointe. We recommend the action be
taken tonight for several reasons.
1 . It was not contemplated at the time the resolution
was adopted that the property being vacated would
accrue to Lot 26 and provide a benefit of ownership
to that Lot.
2. Completing the vacation of Corral Lane as proposed
would reduce the width of Corral Lane adjacent to
. Lot 26 to thirty feet.
3 . Taking the action now before the vacation proceed-
ing is completed would avoid any later argument
that the owner of Lot 26 had acquired vested rights
in the roadway that was attempted to be vacated.
Eugene Dietz and I have discussed this matter with the owner
of Lot 26, Mr. Ken Fricke and have advised him that we would rec-
ommend the council proceed in the manner I have set forth.
RFRH/ap:CORRAL
• - 3 -
•
April 3, 1990
Mayor Gary D. Peterson
Eden Prairie City Council Members
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
Dear Mayor and Council Members:
Sandy Pointe Development Corporation, a Minnesota Corporation
is the owner of the property described in the plat of Sandy
Pointe. In connection with the platting of Sandy Pointe the
Council has vacated a portion of Corral Lane described as
follows:
• That part of Corral Lane, as depicted and dedicated
in the plat of Eden Hills First Addition, according to said
recorded plat thereof on file and of record in the office of
the County Recorder, Hennepin County, Minnesota which lies
northerly of the easterly extension of the South line of Lot
27, Block 2, said Eden Hills First Addition.
Sandy Pointe Development Corporation understands that the
filing of the plat of Sandy Pointe and the vacation of Corral
Lane as described above are to be contemporaneous events. Sandy
Pointe Development Corporation hereby agrees that if it has not
within a reasonable date from the date hereof, as determined
solely in the discretion of the City of Eden Prairie, by and
through its City Manager, caused the plat of Sandy Pointe to be
filed with the Registrar of Titles and County Recorder of
Hennepin County, Minnesota, that it will and hereby does agree
to convey to the City of Eden Prairie by Quit Claim Deed the
above described portion of Corral Lane which has been the subject
of the vacation proceedings by the City. .
Very truly yours,
SANDY POINTE DEVELOP T CORPORATION,
a Minne ota co , or ion,
• By:
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