03. Staff Report- Res 05 03 23 01 - Declaring Sufficiency of Petition and Setting Public Hearing
Staff Report
Date of Meeting: May 3, 2023
For: Honorable Mayor and Council
From: Kyle Morell, City Administrator
Subject: Resolution 05-03-23-01 - Declaring Sufficiency of a Petition and Setting a
Public Hearing
Current Proposal:
Mr. and Mrs. Simpson have petitioned the City to vacate the existing public easement on their
property and wish to grant the City a new easement to maintain pedestrian access to Goose Lake
(see attached easement exhibit). A public hearing is required to vacate an easement.
A public hearing is not required to accept an easement. But since the vacation of the easement is
conditioned on the grant of the easement, then it makes sense that both action items (easement
vacation and easement grant by property owner and acceptance by the City) be considered at the
same time.
Minn. Stat. §412.851 requires 60 days written notice via certified mail to the commissioner of
Natural Resources of the public hearing if the public street or grounds to be vacated terminates at,
is adjacent to, or abuts upon public waters. Mailed notice must contain a copy of the Council’s
resolution ordering the hearing and any petition received by the Council requesting the vacation.
Notice is due to the Department of Natural Resources no later than May 26, 2023.
Discussion:
Council should utilize public hearing to discuss the benefits and drawbacks of vacating the existing
easement and establishing a new easement. At present, the petition received is valid, and a public
hearing should be called.
Recommendation:
Staff recommends approving Resolution 05-03-23-01, setting the public hearing date of July 18,
2023.
Attachments:
Petition to Vacate and Relocate Easement
Easement Exhibit
Easement Exhibit over aerial photo
Letter to Council Members
Dock placed illegally at Goose Lake shoreline
Scandia Trail Map
N88°32'33"E 22.67 OREN ROAD N.G O O S E L A K E
SIMPSON JAMES M
& PEGGY A
PID NO.
1103220340002
N88°56'13"E 540±
SIMPSON JAMES M & PEGGY A
PID NO. 1103220310001 S2°16'37"E 1314.81N89°19'26"E 976.35
(Non-Meandered)
P A R C E L A - 2
OLDFIELD AVE. NORTH()
()
N87°08'34"E 565.12
122.17S2°19'52"E137.71S32°03
'05
"ES17°15'25"E 278.65S3°21'51"E 352.67N88°32'33"E 488.91 S2°49'27"E 564±S89°19'26"W 1306.74
N2°34'15"W113.56113.55S2°25'25"ESWENSON BRUCE M & JANET Y
PID NO. 1103220320001S3°21'51"E 2193.47Δ=32°12'40"R=555.00L=312.02SIMPSON JAMES M & PEGGY A
PID NO. 1103220230008
- - - N2°49'27"W 2175.06 - - -N3°21'51"W 349.11199.12S4°17'53"ELEGEND
SECTION LINE
SIXTEENTH LINE
PROPERTY LINE
SURVEY NOTES:
1.Existing Acreages:
PID No: 1103220310001 = 1,278,082 Sq. ft. or 29.34 Acres
PID No: 1103220340002 = 62,667± Sq. ft. or 1.44±Acres
PID No. 1103220230008 = 2,385,792 Sq. ft. or 54.77 Acres
Total Acreage:= 3,726,541± Sq. ft. or 85.55± Acres
2.The address of PID No. 1103220310001 is 14789 Oren Road North, Scandia, MN 55073.
3.Orientation of this bearing system is based on the Washington County Coordinate System NAD83 (1986 ad.)
4.The Property is zoned as (VN) Village Neighborhood District with Shoreland Overlay per City of Scandia Zoning Map.
Building Setbacks (per City of Scandia Zoning Regulations)
Front Yard / Right of Way: =40 feet
Side Yard: = 20 feet
Rear Yard: =50 feet
Ordinary High Water Line - Goose Lake - Natural Environment Lake Structure/Sewage Treatment System = 200 feet/150 feet
(Front, Side and Rear Yard Setbacks shown on survey may be subject to interpretation)
5.The intent of the deed call to the high water mark on lake shore for PID No. 1103220340002 may be subject to interpretation.
For the purposes of this survey the southerly boundary line of PID No. 1103220340002 is shown to be the shoreline of Goose
Lake.
6.Contours shown are from DNR MnTOPO on NAVD 88 and survey field work.
7.The Wetland Delineation dated May 28, 2021 by Jacobson Environmental was requested for the area of the subject Property Exclusive of
the Conservation Easement and Parcel A - 1. The Wetland Delineation has been reviewed and approved by the Washington County
Conservation Department.
8.Proposed 20' wide easement: Length = 3,480 feet Acreage = 71,472 Sq. Ft. or 1.64 Acres
Existing 20' wide easement to be vacated:(measured to shoreline)Length = 1,704 feet Acreage = 34,095 Sq. Ft. or 0.78 Acres
GRAVEL SURFACE
QUARTER LINE
RIGHT OF WAY LINE
EASEMENT LINE
CENTERLINE
CONCRETE SURFACE
FILE NUMBER:
CHECKED BY:
DATE:
SCALE:
DRAWN BY:
I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT 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
DATE:LIC. NO.
DATE AMENDMENTS PREPARED FOR:BY JIM SIMPSON
MINNESOTA.
Shawn M. Kupcho L.S.9/12/22 49021
September 2, 2022
AS SHOWN
JAS
SMK
2020-11956
WETLAND
0
SCALE ( IN FEET )
100 200NORTH
= DENOTES A FOUND 1/2" IRON PIPE
MONUMENT W/CAP MARKED 13590 UNLESS
OTHERWISE SHOWN ON THE SURVEY
=DENOTES A SET 1/2" IRON PIPE
MONUMENT W/CAP MARKED LS 42648
=DENOTES A SECTION CORNER
MONUMENT
=DENOTES A SET 1/2" OPEN IRON PIPE
MONUMENT
EASEMENT EXHIBIT
EXISTING 20' WIDE EASEMENT AREA
PER DOC. NO. 3095196
EXISTING PROPERTY DESCRIPTIONS:
PID Nos. 1103220310001 & 1103220340002
(Warranty Deed Doc. No. 4209721)
The Northeast Quarter of the Southwest Quarter, except the East 330 feet thereof, in Section 11, Township 32 North, Range 20 West,
TOGETHER WITH an easement for ingress and egress over and across said East 330 feet of said Northeast Quarter of the Southwest Quarter
over the existing driveway, being a strip of land 4 rods in width from the sellers' property East to the Township Road, as reserved and described
in Warranty Deed recorded October 18, 1972 in Book 318 of Deeds, page 700, as Document No. 304216 in the office of the Washington County
Register of Deeds.
AND
That part of the Southeast Quarter of the Southwest Quarter of Section 11, Township 32 North, Range 20 West, described as follows:
Commencing at the Northwest corner of the SE 1/4 of SW 1/4, of said Section 11, Township 32 North, Range 20 West; thence running South on
West line of said SE 1/4 of SW 1/4, 18 rods to high water mark on lakeshore; thence running Easterly and Northeasterly at high water mark on
lakeshore 37 rods and 13 feet until it intersects with the North line of said SE 1/4 of SW 1/4; thence running West on the North line of said SE
1/4 of SW 1/4 , 27 rods to place of beginning.
TOGETHER WITH AN EASEMENT DESCRIBED IN WARRANTY DEED DOC. NO. 769084
(Warranty Deed Doc. No. 769084)
The East Three Hundred Thirty (330) feet of the Northeast Quarter of the Southwest Quarter (NE 1/4 of SW 1/4) of Section Eleven (11),
Township Thirty-two (32) North, Range Twenty (20) West, according to the United States Government Survey thereof.
Subject to 66 foot Easement for permanent access over and across the above described tract, the centerline of said easement described as
follows:
Commencing at the Northeast corner of the Northeast 1/4 of the Southwest 1/4 of Section 11; thence South, along the east line of the Northeast
1/4 of the Southwest 1/4, a distance of 15 feet to the point of beginning of the line to be described; thence Easterly in a straight line, a distance
of 340 feet more or less, to a point on the West line of the East 330 feet of the Northeast 1/4 of the Southwest 1/4 of Section 11, distant 103.5
feet South of the North line of the Northeast 1/4 of the Southwest 1/4 and there terminating.
AND
PID No. 1103220230008
Parcel A-2(per Warranty Deed Document No. 4366036)
That part of the West Half of the Southwest Quarter of Section 11, Township 32, Range 20, Washington County, Minnesota, described as
follows:
Beginning at the northwest corner of the South 468.27 feet of said West Half of the Southwest Quarter; thence North 88 degrees 32 minutes 33
seconds East, assumed bearing, along the north line of the South 468.27 feet, a distance of 22.67 feet; thence North 04 degrees 17 minutes 53
seconds West, 199.12 feet; thence northeasterly 312.02 feet along a tangential curve to the southeast having a radius of 555.00 feet and a
central angle of 32 degrees 12 minutes 40 seconds to the east line of the West 100.00 feet of said West Half of the Southwest Quarter; thence
North 03 degrees 21 minutes 51 seconds West, along said east line, 349.11 feet; thence North 87 degrees 08 minutes 34 seconds East, 565.12
feet; thence South 02 degrees 19 minutes 52 seconds East, 122.17 feet; thence South 32 degrees 03 minutes 05 seconds East, 137.71 feet;
thence South 17 degrees 15 minutes 25 seconds East, 278.65 feet; thence South 03 degrees 21 minutes 51 seconds East, parallel with the
west line of said West Half of the Southwest Quarter, 352.67 feet to the north line of said South 468.27 feet; thence North 88 degrees 32
minutes 33 seconds East, along said north line, 488.91 feet to the east line of said West Half of the Southwest Quarter; thence North 02 degrees
49 minutes 27 seconds, along said east line, 2175.06 feet to the northeast corner of said West Half of the Southwest Quarter; thence North 02
degrees 25 minutes 25 seconds West, along the east line of the West Half of the Northwest Quarter of said Section 11, a distance of 113.55 feet
to the north line of the South 113.50 feet of said West Half of the Northwest Quarter; thence South 89 degrees 19 minutes 26 seconds West,
along said north line, 1306.74 feet to the west line of said West Half of the Northwest Quarter; thence South 02 degrees 34 minutes 15 seconds
East, along said west line, 113.56 feet to the northwest corner of said West Half of the Southwest Quarter; thence South 03 degrees 21 minutes
51 seconds East, along the west line of said West Half of the Southwest Quarter, 2193.47 feet to the point of beginning.
PROPOSED EASEMENT DESCRIPTIONS:
The North 20.00 feet of the South 113.50 feet of the West Half of the Northwest Quarter of Section 11, Township 32, Range 20, Washington
County, Minnesota.
AND
The West 20.00 feet of the West Half of the Southwest Quarter of said Section 11 lying North of the South 468.27 feet thereof.
PROPOSED 20' WIDE INGRESS AND
EGRESS EASEMENT AREA
N88°32'33"E 22.67 OREN ROAD N.G O O S E L A K E
SIMPSON JAMES M
& PEGGY A
PID NO.
1103220340002
N88°56'13"E 540±
SIMPSON JAMES M & PEGGY A
PID NO. 1103220310001 S2°16'37"E 1314.81N89°19'26"E 976.35
(Non-Meandered)
P A R C E L A - 2
OLDFIELD AVE. NORTH()
()
N87°08'34"E 565.12
122.17S2°19'52"E137.71S32°03
'05
"ES17°15'25"E 278.65S3°21'51"E 352.67N88°32'33"E 488.91 S2°49'27"E 564±S89°19'26"W 1306.74
N2°34'15"W113.56113.55S2°25'25"ESWENSON BRUCE M & JANET Y
PID NO. 1103220320001S3°21'51"E 2193.47Δ=32°12'40"R=555.00L=312.02SIMPSON JAMES M & PEGGY A
PID NO. 1103220230008
- - - N2°49'27"W 2175.06 - - -N3°21'51"W 349.11199.12S4°17'53"E
Scandia, Minnesota
Jim’s cell: 612-770-2222
www.maxtreefarm.com
April 12, 2023
Scandia City Council members
Jim and Peg Simpson, owners of Max Tree Farm, ask that you consider relocating a section of the
city owned pedestrian easement within our land in Scandia. This will allow us to expand our tree
fields onto the land we purchased from Bruce and Janet Swenson and provide a free benefit the
City of Scandia.
Benefits of moving public easement:
• New location leads directly to the public landing, (current easement is only 20’ wide at
lakeshore), amenities at public landing: parking, boat ramp, dock, posted lake rules, porta potty
• Current easement is a dead end at the lake (20’ wide), proposed allows access to other routes
• Connects to dedicated bike route, Oldfield to Oakhill Roads
• Pedestrians can utilize Oldfield Ave dead end road: plowed in winter by city
• Length: changing from 1704’ to 3480’ long and .78 to 1.64 acres. Better walking experience, with
over 100% increase in area, big win for the public – at no cost to the City
• No wetland issues - no improvements needed - current easement would require a engineered and
DNR approved elevated path built to be usable year-round (standing water in wetland documented
for 5 months in 2021/22, water is currently several feet deep)
• Allows us to establish DNR approved fencing and field roads that are more practical for marking
and designating location of walkway - this will decrease trespassing problems Swenson’s had.
• This pedestrian only easement has no effect on bordering neighbors nothing needed from them
to change, we have talked with 2 of 3 and they support this relocation.
About Max Tree Farm:
• Solid, long reputation supplying large shade trees to respected commercial and residential
projects
• Long crop rotation of 12-15 years, minimizing negative impact on Goose Lake (vs. row crops)
• High quality trees that are meticulously cared for, along with the land they grow on
• MTF started in 2006 in Scandia and has an excellent reputation in the industry and with
neighbors of previous farm; 23393 Nolan Ave N, Scandia
Wouldn’t it be great if someday Scandia had miles of walking paths? This is a unique opportunity
that would benefit all 4,159 Scandia residents.
Thank you for your consideration of this offer. If the easement isn’t relocated, we’ll need to pursue
other development options or sale of the land.
We built a beautiful farm on Nolan Avenue and appreciate the honor to do it again in Scandia!
Jim and Peg Simpson
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