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HomeMy WebLinkAbout03-174 RESOLUTION 03-174 RESOLUTION PROVIDING FOR THE VACATION OF THE EXISTING DRAINAGE AND UTILITY EASEMENTS AND A PORTION OF THE DULUTH AVENUE RIGHT-OF-WAY LOCATED ON AND ADJACENT TO LOTS 1-2, BLOCK 1, ENIVID FIRST ADDITION MOTION BY: LEMAIR SECOND BY: PETERSEN WHEREAS, A petition for the vacation of the existing drainage and utilities easements and a portion of the Duluth Avenue right-of-way located on and adjacent to Lots 1-2, Block 1, Enivid First Addition, 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 (Right-of-Way): That part of Duluth Avenue as shown on Enivid First Addition, according to said plat on file and of record in the office of the County Recorder, Scott County, Minnesota, described as follows: Commencing at the Southwest corner of Lot 1, Block 1, in said plat; thence North 12 degrees 50 minutes 33 seconds West, assumed bearing along the West line of said Lot 1, a distance of 1.14 feet to the point of beginning; thence Northerly a distance of 148.77 feet along a tangential curve concave to the East, having a radius of 267.40 feet, and a central angle of 31 degrees 52 minutes 37 seconds; thence South 28 degrees 52 minutes 05 seconds West, a distance of 151.13 feet; thence South 61 degrees 03 minutes 00 seconds East a distance of 24.67 feet; thence Easterly a distance of 37.66 feet along a tangential curve concave to the North having a radius of 65.33 feet and a central angle of 33 degrees 01 minutes 43 seconds; thence North 85 degrees 55 minutes 27 seconds East, tangent to last described curve, a distance of 8.34 feet to the point of beginning. AND Legal Description (Drainage and Utility Easements): All drainage and utility easements as delineated and dedicated on ENEVID 1ST ADDTION, according to the recorded plat thereof, Scott County, Minnesota, lying over, under and across the following described property: Lots 1 and 2, Block 1, ENEVID 1ST ADDITION, according to the recorded plat thereof, Scott County, Minnesota. WHEREAS, Notice of the hearing has been duly published and posted in accordance with the applicable Minnesota Statutes, and r:~resoluti\planres\2003\03-174.doc Page 1 16200 Ea§le Creek Ave. $.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER WHEREAS, A Public Hearing was held on said petition on Monday, October 20, 2003, at 8:30 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, New right-of-way and drainage and utility easements will be dedicated to the City to allow the construction of the ring road and to maintain the existing utilities, so the existing right-of-way and drainage and utility easements are not necessary for the maintenance of public utilities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that: 1. The above recitals are fully incorporated herein as set forth above. 2. The City Council of Prior Lake has determined that the vacation of said right-of-way and easements would be in the public interest. 3. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easements are hereby vacated: Legal Description (Right-of-Way): That part of Duluth Avenue as shown on Enivid First Addition, according to said plat on file and of record in the office of the County Recorder, Scott County, Minnesota, described as follows: Commencing at the Southwest corner of Lot 1, Block 1, in said plat; thence North 12 degrees 50 minutes 33 seconds West, assumed bearing along the West line of said Lot 1, a distance of 1.14 feet to the point of beginning; thence Northerly a distance of 148.77 feet along a tangential curve concave to the East, having a radius of 267.40 feet, and a central angle of 31 degrees 52 minutes 37 seconds; thence South 28 degrees 52 minutes 05 seconds West, a distance of 151.13 feet; thence South 61 degrees 03 minutes 00 seconds East a distance of 24.67 feet; thence Easterly a distance of 37.66 feet along a tangential curve concave to the North having a radius of 65.33 feet and a central angle of 33 degrees 01 minutes 43 seconds; thence North 85 degrees 55 minutes 27 seconds East, tangent to last described curve, a distance of 8.34 feet to the point of beginning. AND Legal Description (Drainage and Utility Easements): All drainage and utility easements as delineated and dedicated on ENEVID 1ST ADDTION, according to the recorded plat thereof, Scott County, Minnesota, lying over, under and across the following described property: Lots 1 and 2, Block 1, ENEVID 1ST ADDITION, according to the recorded plat thereof, Scott County, Minnesota. 4. The vacation of said right-of-way and drainage and utility easements is in the public interest. r:Xresoluti\planres\2003\03-174.doc Page 2 Passed and adopted this 20th day of October, 2003. YES NO Haugen X Haugen Blomb, er9 X BIomber9 LeMair X LeMair Petersen X Petersen Zieska X Zieska {Seal} Frank Boyles, City Manager r:~resoluti\planres\2003\03-174.doc Page 3