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HomeMy WebLinkAbout01-92 RESOLUTION 01-92 RESOLUTION PROVIDING FOR THE VACATION OF THE DRAINAGE AND UTILITY EASEMENT LOCATED IN LOT 2, BLOCK 1, CREEKSIDE ESTATES MOTION BY: MADER SECOND BY: ERICSON WHEREAS, a petition for the vacation of drainage and utility easements located with Lot 2, Block 1, Creekside Estates, 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: The drainage and utility easements located within CREEKSIDE ESTATES dedicated and donated according to the plat of record and described as follows: That part of Holly Circle, HOLLY COURT, according to the plat of record, lying southerly of a line drawn from the most northerly northeast corner of Lot 2, Block 2, said HOLLY COURT to the most northerly nodhwest corner of Lot 4, Block 2, said HOLLY COURT. And The south 10.00 feet lying easterly of the west 10.00 feet of Lot 2, Block 2, HOLLY COURT, according to the plat of record. And The south 10.00 feet of Lot 3, Block 2, HOLLY COURT, according to the plat of record. And The south 10.00 feet lying westerly of the east 10.00 feet of Lot 4, Block 2, HOLLY COURT, according to the plat of record. 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, August 6, 2001, 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 r:\resoluti\planres\2001 \01-92.doc Page 1 16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER WHEREAS, the City Council of Prior Lake has determined that the vacation of said easement would be in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that: 1. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easements are hereby vacated: Legal Description The drainage and utility easements located within CREEKSIDE ESTATES dedicated and donated according to the plat of record and described as follows: That part of Holly Circle, HOLLY COURT, according to the plat of record, lying southerly of a line drawn from the most northerly northeast corner of Lot 2, Block 2, said HOLLY COURT to the most northerly northwest corner of Lot 4, Block 2, said HOLLY Court. And The south 10.00 feet lying easterly of the west 10.00 feet of Lot 2, Block 2, HOLLY COURT, according to the plat of record. And The south 10.00 feet of Lot 3, Block 2, HOLLY COURT, according to the plat of record. And The south 10.00 feet lying westerly of the east 10.00 feet of Lot 4, Block 2, HOLLY COURT, according to the plat of record. 2. The vacation of said drainage and utility easement is in the public interest. 3. This vacation is subject to the following conditions: a) The easement to be vacated shall remain in full force and effect until this resolution is recorded. b) The resolution will not be recorded until the petitioner has submitted a deed for the necessary 10' wide drainage and utility easement along the north lot line to the City. 4. Upon completion of the above conditions, this Resolution will be forwarded to the Office of the County Recorder, Scott County, for appropriate action. Passed and adopted this 6th day of August, 2001. YES NO Mader X Mader Gundlach i Gundlach Ericson Ericson Petersen Petersen Zieska Zieska~ {Seal} Fr ~lanager r:~resoluti\planresk2001 \01-92.doc Page 2