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Home My WebLink AboutPC81035 - 6/11/81 - Land East & West of Earle Brown Drive� � PLANNING COABMSION FILE CHECKLIST File Purge Date - FILE INFORMATION Planning Commission Application No. 8lo3S PROPERTY INFORMATION Zoning: PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. / • Site Plans 0 Building Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document Type Date Range Location Agenda Cover Sheet: Planning Commission Agenda Book Minutes: Planning Commission Minutes: City Council Resolutions: Planning Commission Resolutions: City Council Ordinances: City Council 41 //8/ City Vault 411.2-1181 City Vault City Vault City Vault City Vault Historical Photographs: Planning Commission City Archieve Planning Commission Information Sheet Application No. 81035 Applicant: Summit Mortgage Corporation Location: Earle Brown Drive and Summit Dirve Request: Preliminary R.L.S. The applicant requests preliminary R.L.S. approval to resubd'ivide all of the land north of Summit Drive, east of Phases 1 and 2 of the new Ryan Construction develop- ment which abut Shingle Creek Parkway on the west. The R.L.S. does not include the newly dedicated Earle Brown Drive which was apart of the recent Ryan Construc- tion plat. The property in question is bounded by Summit Drive on the south, by the new portion of Earle Brown Drive on the west and north and by Hwy. 100 on the east. Three parcels north of Summit Drive and east of the existing Earle Brown Drive are zoned C2. The remainder of the land is zoned I-1. The R.L.S. consists of 10 tracts, a number of which will remain essentially as they have been in the past. The tracts abutting Highway 100 (Tracts A through E) will have the same interior property lines as in the past. However, these tracts are surveyed to the middle of Earle Brown Drive. Heretofore, Earle Brown Drive has been a separate, 80 feet wide, tract of land owned by Tropicana Holding Company, but with a City easement over it. After filing of the R.L.S., each abutting parcel will own land to the middle of the street and the City will obtain an easement for a 60' wide rather than an 80' wide Earle Brown Drive right-of-way. The R.L.S. will also redefine the easterly property lines of Tracts A, B, C, and D to reflect the new right-of-way acquisitions by MN/DOT for I-94 and Highway 100. Tract F at the upper corner of Summit Drive and Earle Brown Drive owned by Republic Airlines remains essentially unchanged except for surveying to the middle of Earle Brown Drive. Tract J belongs to Ryan Construction and reflects the transfer of 45 feet of land from the west side of what was formerly Tract B, R.L.S. No. 1380. The main changes proposed by the preliminary R.L.S. relate to the land occupied by the historic Earle Brown Farm buildings. Tract H will surround the horsebarn and hippodrome and is planned to accommodate an industrial use (Classic Electric Car Corporation). Tract I, at the north end of the Farm area, abuts the new Earle Brown Drive and is planned for office development. Tract G includes a number of existing Farm buildings and the Summit Bank. The proposed site plan submitted with Application No. 81041 calls for moving a number of other outbuildings into this area in a compact formation. The remainder of Tract G, adjacent to Summit Drive is planned for an office development. Office developments are special uses in the I-1 zone. The proposed R.L.S. is deficient in a number of important informational items. Existing easements for water, sanitary sewer and storm sewer have been omitted and the former property lines are very unclear. The previous right -.of -way lines are shown, but the proposed easement for Earle Brown Drive right-of-way is not. The R.L.S. should also provide land area information for each tract. Finally, the City Engineer has requested information showing the width of Tract G at its narrowest point just north of the Summit Bank. All this information should be provided on the proposed R.L.S. by the time it is considered by the City Council. As long as these additions and corrections are made, approval is recommended, subject to at least the following condtions: 1. The final R.L.S. is subject to the approval of the City Engineer. 6-11-81 -1- Application No. 81035 continued 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 3. The preliminary R.L.S. shall be corrected prior to consideration by the City Council to include the following information: a) Location, width and purpose of existing easements. b) New right-of-way location as well as existing. c) The size of each tract in the new R.L.S. d) The width of Tract G at the narrowest point just north of the Summit Bank. e) Old property lines should be shown more clearly. 6-11-81 -2- _.. ....... _....._.. W:e.. _.. _ . pi: 'i v .`_.,__ _ S. 6i• r4 - — -j _ _ r�: �� .L.. 532. d5' --- n.� O3 J8 6 > 37800 1G',W' ` \ 511. 00 ! f f \ J ( 181, GIG S, ✓ //7/17 S�./ln V 2 r 2 7 94 f7.n-. 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DRAWZ DAVID J. KENNEDY JOHN B. DEAN GLENN E. PURDUE CHARLES L. LEFEVERE HERBERT P. LEFLER.ID JEFFREY J. STRAND JAMES P. O'MEARA MARY J. BJORKLUND JOHN 0. KRESSEL DAYLE NOLAN CINDY L.LAVORATO MICHAEL A. NASH LUKE R. KOMAREK JOAN N. ERICKSEN ELIZABETH D. MORAN 2000 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 TELEPHONE (612) 333-0543 March 16, 1982 Mr. James Grube Assistant City Engineer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Vacation of Earle Brown Drive Dear Mr. Grube : . BROOKLYN CENTER OFFICE 103 BROOKLYN LAW CENTER 5637 BROOKLYN BOULEVARD BROOKLYN CENTER, MINNESOTA 55420 (612) S36 - 6037 RICHARD J. SCHIEFFER As you requested, I have looked into the situation concerning vacation of a portion of Earle Brown Drive which is apart of the reorganization of Registered Land Survey No. 1380. It is my understanding that you desire some guidance from our office concerning the steps that the City may wish to take in vacating the existing roadway which was dedicated to the City as part of the platting process. It is my under- standing that the City's basic concern in the vacation of this street is to narrow the City's street interest'from 80 feet to 60 feet and that the abutting property owners bene- fit by the reduction in the width. Since it appears that this street right of way was deeded to the City in 1975 by the Tropicana Holding Company with a notation that it was for street purposes, it woul� seem that an argument could be made that the entire tract of land was deeded to the City in fee. Another view would be that all that was given to the City was an easement for street purposes over that entire tract of property. In the event that the City should own the property in fee a vacation of the street would only have the effect of closing the street and leaving fee title to Tract H as it is currently set out in the 0 Registered Land Survey within the City of Brooklyn Center. In the event that it should be determined that the City of Brooklyn Center only has an easement interest, a vacation of the street would ordinarily. -cause the property to return to the abutting property owners. This would be the case where in a platted subdivision or in a town road, the roadway would go down a lot line or a section line. In that event., prior -to the existence of the�road the abutting prop&rty ° LAYS OFFICES `t LEFEVERE, LEFLER, KENNEDY, O'BRIEN 8 DRAWZ Mr, James Grube March 16, 1982 Page 2 Whor would have owned a portion of the property in to the gttoet. In this situation, however, this is a separate lot and the abutting property owners never had any interest in tract H itself. Therefore, it could be argued that the t apicana Holding Company could possibly, by the vacation of tafie Brown Drive acquire the City's interest in that tract. th-g would have the effect of denying the abutting property jwhors access to the new Earle Brown Drive which is proposed. Therefore, I would suggest that this matter be handled in the following manner. Prior to any vacation action being taken by the'City of Brooklyn Center, quit claim deeds from the Tropicana Holding Company to the abutting property owner should be obtained. There should also be prepared and executed quit claim deeds from the City of Brooklyn Center to the abutting property owners as well. These deeds should describe the portion of 1/2 of Tract H which abuts their property. It will also be necessary to obtain -from all abutting property owners the grant of an easement to'the City for street and utility purposes over that portion of Tract H which would continue to be held as Earle Brown Drive. Once all these documents have been prepared, then the City Council would be in a position to go forward with the vacation of the streets in the manner set forth in the Brooklyn Center City Charter, Section 12.06. Once the vacation has been completed, the necessary documents, along with the deeds and easements, could be forwarded to the Registrar of Titles for filing. It would be my suggestion that the deeds and easements all be filed prior to the filing of the vacation of Earle Brown Drive. I hope that this answers the question you have raised. Should you need any additional information on this, please.; do not hesitate to contact me. iI Yours very truly, LLB',. H eft P. Lefler III �7 HPL:np cc Mr. Richard J. Schieffer s M: The Files FROM: James M. Noska, P.E. DATE: December 5, 1979 RE: Vacation of Streets The following is a synopsis of the Minnesota.Statutes applicable to street vacations. MSA 160.29 Vacation of Public Flays Effect. Subdivision 2 of this section provides that a municipality may specify the extent to which a vacation affects existing easements therein and the extent to which the vacation affects the authority of any person, corporation, municipality, etc. controlling utilities which include electric lines, telephone lines, gas and sewer lines, water mains, hydrants, etc. hereon or thereunder. To continue maintaining same and to enter upon land in order to retain, repair, replace, re- move or otherwise attend to these utilities. MSA 412.221 Specific Powers of the Council. Subdivision 6 provides the powers for the council to lay out and change streets, alleys, and other public ways and grounds. MSA 412.851 Vacation of Streets. The Council may by resolution vacate any streets or alleys or public ways on its own motion or on the petition of a majority of the owners of land abutting said public way. 63here there is no petition, a 4/5ths vote of the Council is needed on the resolution. T o weeks published and posted notice is required prior to a vacation hearing. Aft2r adoption, the City Clerk is to prepare a notice of completion the proceedings containing the name of the city, identifica- tion of the vacation, statement of the kind of completion thereof, and description of the real estate affected thereby. This notice is presented to the County Auditor who signs off on it and then files same with the County Recorder. Note: Failure to file notice shall not invalidate any vacation proceedings. NSA 505.14 Notice by Publication Served upon mayor or Village President or Chairman of Thwn Board. Upon application of a property owner of any plat and provided taxes assessed the land have been paid, a portion of the plat or all the plat maybe vacated. Streets and alleys between plats, however, shall not be vacated unless it is apparent that the street or alley is useless for that propose. This section ap- pears to apply to court proceedings on the vacations and it specifically exempts vacation by the court in cities or towns under'a charter which provides a pro- cedure for the vacation of streets and public grounds. LEA A