HomeMy WebLinkAbout02-175 RESOLUTION 02-175
RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY
EASEMENT ON THE PROPERTY LOCATED AT THE INTERSECTION OF CSAH 21 AND TH 13 WHICH IS TO
BE PLATTED AS TIMBER CREST PARK
MOTION BY: ZIESKA SECONDBY: LEMAIR
WHEREAS, A petition for the vacation of a portion of the drainage and utility easements located on the
property located at the intersection of CSAH 21 and TH 13, which is to be platted as Timber
Crest Park, has been duly presented to the City of Prior Lake, signed by the owners of the
property abutting the following described easement situated in the City of Prior Lake, Scott
County, Minnesota to wit:
LEGAL DESCRIPTION:
Commencing at the Southeast corner of Lot #6, Block 2, Original town, Section 2,
Township 114, Range 22; Thence South 74°, 59', 05" East 33 feet to the centerline of
Fifth Street; Thence South 15°, 00', 55" West _+ 157.72 feet to the South right-of-way of
the Chicago, Milwaukee, St. Paul Pacific Railroad; Thence South 74°, 59', 05" East 15.0
feet to the point of beginning; Thence South 74°, 59', 05" East 10.0 feet; Thence South
15°, 00', 55" West _+ 138.5; Thence North 74°, 59', 05" West 10.0 feet; Thence North 15°,
00, 55" East _ 138.5 to the point of beginning and there terminating.
And:
A perpetual easement to install, operate, maintain, repair, replace or remove a sanitary sewer
line. Said permanent easement being 10 feet on either side of the following described line
and said temporary construction easement being 60 feet to the South and 40 feet to the North
of the following described line. Said line is described as follows:
Commencing at the intersection of the centerline of said Chicago, Milwaukee, St. Paul
and Pacific Railroad and the centerline of State Trunk Highway No. 13; thence Southerly,
along the centerline of said State Trunk Highway No. 13, a distance of 265.68 feet to the
line to be described; thence Easterly, deflecting to the left 119 degrees 34 minutes 15
seconds, a distance of 102.94 feet; thence Southeasterly, deflecting to the right 23
degrees 42 minutes 39 seconds, a distance of 208.66 feet and said line there terminating.
And:
A 30.00 foot permanent easement for sanitary sewer purposes over, under and across the
above described parcel. The centerline of said easement is described as follows:
Commencing at a point on the centerline of Fifth Street 322.6 feet southerly of the
southerly line of Dakota Street according to the record plat of the Town of Prior Lake;
thence southerly, along said centerline and its southerly extension, a distance of 127.00
feet to the southerly right of way of the Chicago, Milwaukee, St. Paul and Pacific Railway
and the point of beginning of the centerline to be described; thence continuing on said
southerly extension 146.63 feet and said centerline there terminating.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
And:
A 20.00 foot permanent easement for sanitary sewer purposes over, under and across the
above described parcel. The centerline of said easement is described as follows:
Commencing at the northeast corner of Lot 3, Block 1, Bluff Heights Addition, according to
the plat on file in the office of the County Recorder, Scott County, Minnesota; thence
North 76 degrees 58 minutes 27 seconds East, record bearing, along the northerly line of
said plat 33.00 feet to the point of beginning of the centerline to be described; thence
North 11 degrees 52 minutes 37 seconds West 99.32 feet; thence North 38 degrees 54
minutes 34 seconds West 239.29 feet; thence North 60 degrees 14 minutes 21 seconds
East 419.00 feet; thence North 19 degrees 48 minutes 06 seconds East 317.55 feet;
thence North 72 degrees 11 minutes 54 seconds West 319.66 feet more or less to a point
576.23 feet south of the southerly line of Dakota Street as measured along the centerline
of Fifth Street and its southerly extension thereof and said centerline there terminating.
And:
A perpetual easement lying within the boundaries of a strip of land 30 feet in width the center
line of which is described as follows:
That part of the Southwest Quarter (SW ¼) of the Northeast Quarter (NE ¼) and that part of
the Southeast Quarter (SE ¼) of the Northeast Quarter (NE ¼) of Section 2, T 114 N, R 22 W,
and that part of Block 3, GATES ADDITION, Prior Lake, Minn. Included in the area lying 15
feet each side of the following described line: Beginning at the center of the intersection of
Pleasant Ave. and Deere Street in Prior Lake, Minn., thence South 159.98 feet along the
centerline of Deere Street, thence South 80 degrees 50 minutes 10 seconds East 177.0 feet,
thence South 87 degrees 17 minutes 17 seconds East 389.95 feet, thence South 62 degrees
17 minutes 30 seconds East 261.64 feet, thence North 74 degrees 19 minutes 05 seconds
East 306.51 feet; thence North 48 degrees 51 minutes 55 seconds East, 367.78 feet, thence
North 63 degrees 30 minutes 45 seconds East 225.66 feet, thence South 75 degrees 46
minutes 25 seconds East 333.06 feet, thence North 15 degrees 00 minutes 55 seconds East
273.63 feet more or less to a point on the centerline of Fifth Street distant 322.6 feet southerly
of the southerly line of Dakota Street, and there terminating.
WHEREAS, Notice of the hearing has been duly published and posted in accordance with the applicable
Minnesota Statutes, and
WHEREAS, A Public Hearing was held on said petition on Monday, October 21, 2002, at 7:30 p.m. in the
Council Chambers at the Prior Lake Fire Station #1; and
WHEREAS, The City Council then proceeded to hear all persons interested in said petition and persons
interested afforded the opportunity to present their views and objections to the granting of said
petition; and
WHEREAS, The drainage and utility easement is not necessary for the maintenance of public utilities; and
WHEREAS, The City Council of Prior Lake has determined that the vacation of said easement would be in
the public interest.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that:
1. The above recitals are herein fully incorporated herein as set forth above.
2. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easements are hereby
vacated:
Le.qal Description
Commencing at the Southeast corner of Lot #6, Block 2, Original town, Section 2, Township 114, Range 22;
Thence South 74°, 59', 05" East 33 feet to the centerline of Fifth Street; Thence South 15°, 00', 55" West _+
157.72 feet to the South right-of-way of the Chicago, Milwaukee, St. Paul Pacific Railroad; Thence South 74°,
59', 05" East 15.0 feet to the point of beginning; Thence South 74°, 59', 05" East 10.0 feet; Thence South 15°,
00', 55" West +_ 138.5; Thence North 74°, 59', 05" West 10.0 feet; Thence North 15°, 00, 55" East +_ 138.5 to the
point of beginning and there terminating.
And:
A perpetual easement to install, operate, maintain, repair, replace or remove a sanitary sewer line. Said
permanent easement being 10 feet on either side of the following described line and said temporary construction
easement being 60 feet to the South and 40 feet to the North of the following described line. Said line is
described as follows:
Commencing at the intersection of the centerline of said Chicago, Milwaukee, St. Paul and Pacific Railroad and
the centerline of State Trunk Highway No. 13; thence Southerly, along the centerline of said State Trunk
Highway No. 13, a distance of 265.68 feet to the line to be described; thence Easterly, deflecting to the left 119
degrees 34 minutes 15 seconds, a distance of 102.94 feet; thence Southeasterly, deflecting to the right 23
degrees 42 minutes 39 seconds, a distance of 208.66 feet and said line there terminating.
And:
A 30.00 foot permanent easement for sanitary sewer purposes over, under and across the above described
parcel. The centerline of said easement is described as follows:
Commencing at a point on the centerline of Fifth Street 322.6 feet southerly of the southerly line of Dakota Street
according to the record plat of the Town of Prior Lake; thence southerly, along said centerline and its southerly
extension, a distance of 127.00 feet to the southerly right of way of the Chicago, Milwaukee, St. Paul and Pacific
Railway and the point of beginning of the centerline to be described; thence continuing on said southerly
extension 146.63 feet and said centerline there terminating.
And:
A 20.00 foot permanent easement for sanitary sewer purposes over, under and across the above described
parcel. The centeriine of said easement is described as follows:
Commencing at the northeast corner of Lot 3, Block 1, Bluff Heights Addition, according to the plat on file in the
office of the County Recorder, Scott County, Minnesota; thence North 76 degrees 58 minutes 27 seconds East,
record bearing, along the northerly line of said plat 33.00 feet to the point of beginning of the centerline to be
described; thence North 11 degrees 52 minutes 37 seconds West 99.32 feet; thence North 38 degrees 54
minutes 34 seconds West 239.29 feet; thence North 60 degrees 14 minutes 21 seconds East 419.00 feet;
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thence North 19 degrees 48 minutes 06 seconds East 317.55 feet; thence North 72 degrees 11 minutes 54
seconds West 319.66 feet more or less to a point 576.23 feet south of the southerly line of Dakota Street as
measured along the centerline of Fifth Street and its southerly extension thereof and said centerline there
terminating.
And:
A perpetual easement lying within the boundaries of a strip of land 30 feet in width the center line of which is
described as follows:
That part of the Southwest Quarter (SW ¼) of the Northeast Quarter (NE ¼) and that part of the Southeast
Quarter (SE ¼) of the Northeast Quarter (NE ¼) of Section 2, T 114 N, R 22 W, and that part of Block 3, GATES
ADDITION, Prior Lake, Minn. Included in the area lying 15 feet each side of the following described line:
Beginning at the center of the intersection of Pleasant Ave. and Deere Street in Prior Lake, Minn., thence South
159.98 feet along the centerline of Deere Street, thence South 80 degrees 50 minutes 10 seconds East 177.0
feet, thence South 87 degrees 17 minutes 17 seconds East 389.95 feet, thence South 62 degrees 17 minutes
30 seconds East 261.64 feet, thence North 74 degrees 19 minutes 05 seconds East 306.51 feet; thence North
48 degrees 51 minutes 55 seconds East, 367.78 feet, thence North 63 degrees 30 minutes 45 seconds East
225.66 feet, thence South 75 degrees 46 minutes 25 seconds East 333.06 feet, thence North 15 degrees 00
minutes 55 seconds East 273.63 feet more or less to a point on the centerline of Fifth Street distant 322.6 feet
southerly of the southerly line of Dakota Street, and there terminating.
3. The vacation of said drainage and utility easement is in the public interest.
4. This vacation is subject to the following conditions:
a) The resolution vacating the easement will not be recorded until the final plat of Timber Crest Park has been
approved and signed by the City.
Passed and adopted this 21st day of October, 2002.
YES NO
Haugen X Haugen
Gundlach X Gundlach
LeMair X LeMair
Petersen X Petersen
Zieska X Zieska
{Seal} Frank Boyles, City rv~anag~r
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