HomeMy WebLinkAbout99-137
RESOLUTION 99-137
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NE RESOLUTION PROVIDING FOR THE VACATION OF RED OAKS ROAD
LOCATED ADJACENT TO LOTS 27-37 RED OAKS
MOTION BY: Kedrowski SECOND BY: Wuellner
WHEREAS, on November 1, 1999, the City Council adopted Resolution 99-120 initiating the
vacation of Red Oaks Road located on the following described property situated in
the City of Prior Lake, Minnesota to wit: that part of the 20 foot road adjacent to the
northeasterly, easterly and southeasterly lines of Lots 27 to 37, RED OAKS, Scott
County, Minnesota, lying northerly of the northeasterly extension of the southeasterly
line of said Lot 27 and southerly of the southeast line of said Lot 37; and
WHEREAS, notice of the hearing on said petition has been duly published and posted in
accordance with the applicable Minnesota Statutes; and
WHEREAS, on November 8, 1999, the Planning Commission reviewed the vacation request for
compliance with the Comprehensive Plan and with regards to public need and
recommend the City Council approve the requested vacation; and
WHEREAS, the City Council held a public hearing on said petition on Monday, December 6,
1999, at 7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1 and
continued the hearing to December 20, 1999 to allow for 30 day statutory comment
from the DNR; and
WHEREAS, the City Council continued the public hearing on said petition on Monday, December
20, 1999, at 7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1; and
WHEREAS, the City Council proceeded to hear all persons interested in said petition and persons
interested were afforded the opportunity to present their views and objections to the
granting of said petition; and
WHEREAS, the City Council of Prior Lake has determined that the vacation of said roadway is
consistent with the Comprehensive Plan and is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to
Minnesota Statues 412.851, the following described portion of the roadway easement situated on the
above described property in the City of Prior Lake, Scott County, Minnesota is hereby vacated upon
satisfaction of the attached conditions:
Legal Description:
That part of the 20 foot road adjacent to the northeasterly, easterly and southeasterly lines of Lots 27
to 37, RED OAKS, Scott County, Minnesota, lying northerly of the northeasterly extension of the
southeasterly line of said Lot 27 and southerly of the southeast line of said Lot 37.
1p200 Epqle lCr~ek Ave\'9S\E9, P..riot Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
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AN EQUAL OPPORTUNITY EMPLOYER
BE IT FURTHER RESOLVED, the City Council finds that the vacation is not inconsistent with the
Comprehensive Plan; and
BE IT FURTHER RESOLVED, that subject to the satisfaction of the conditions set out below, the
Council finds the vacation is not inconsistent with the public interest:
1. Private Declaration of Driveway Easement be amended per Exhibit A (City Attorney's
recommended changes) to ensure emergency vehicle access, signed by the property owners and
other necessary parties, and recorded.
2. A drainage and utility easement be retained over the vacated right-of-way and proper
documentation recorded.
3. This resolution will only be recorded upon submittal of proof of recording of the private Declaration
of Driveway Easement and utility and drainage easements documents.
Passed and adopted this 20th day of December 1999.
YES NO
Mader X Mader
Kedrowski X Kedrowski
Petersen X Petersen
Schenck X Schenck
Wuellner X Wuellner
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