01-25-1999 Council Packet - Laserfiche WebLink

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Keith Van Wagner January 19,1999 Page 2 2.MnDOT will not exert any authority over the portions of a driveway or road not in MnDOT right-of-way. A driveway serving Service 800 could be configured to access the front of the proposed building from die west side of the property if MnDOT gave up its easement over the triangular portion of unused right-of-way adjacent to the Otten and Service 800 properties. This could be accomplished by one of 2 methods: a. b. Reconveyance, in which MnDOT concludes it has no further use for the easement and the property reverts back to the holder of the fee title; or MnDOT 'turns back' the easement to the City in which the property is located for continued/future roadway purposes. 3. Under either method the local jurisdiction could approve the Service 800 driveway as designed if it so chose, as long as the access meets MnDOT standards within the remaining MnDOT right-of-way. A turnback would technically be to the City of Long Lake in which the triangle is located; Orono and Long Lake would have to sort out the jurisdictional issues for access approval. Orono and Long Lake would have to work together on this even if Orono became the fee owner of the triangle. A new third option suggested by Cliff Otten is that he acquire the triangle since it is adjacent to his property. He would then grant an easement to Service 800 for access. Under any of these options, MnDOT would condition any permit for an access across from Brimhall (whether a single driveway or a multi-user road) on construction of an eastbound left-turn lane, as well as striping of a westbound right-turn lane. MnDOT would encourage, but perhaps not require, elimination of Otten's existing access under the reconveyance or turnback options. Whether by reconveyance or turnback, the transfer of authority over the triangle would take 60-90 days from the date of application for MnDOT staff review, after which an access permit could be issued by MnDOT if there are no apparent reasons why the transfer will not occur. The remaining paperwork may take an additional few months, or as much as a year for a reconveyance. The City will have no guarantee that the conveyance or turnback options will be approved until the end of the staff review period. I understand that Sid Rebers* attorney is investigating who owns fee title to the imderlying property, in the event that the reconveyance option is pursued. Under the turnback option, given that the triangular portion of right-of-way is in the City of Long Lake, would an application to MnDOT for turnback be made by Long Lake, by Orono, or by both?