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HomeMy WebLinkAbout99-138 RESOLUTION 99...138 RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENT LOCATED ON LOTS 1 AND 2, BLOCK 1, ENIVID FIRST ADDITION MOTION BY: Wuellner SECOND BY: Schenck WHEREAS, a petition for the vacation of a portion of the drainage and utility easement located on Lots 1 and 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: That part of the drainage and utility easement over, under and across the east 10 feet of Lot 1, Block 1, ENIVID FIRST ADDITION, according to the recorded plat thereof, Scott County, Minnesota, that lies northerly of the northerly right-of-way line of vacated Tower Street and which lies southerly of the following described line: Beginning at the northeast corner of said Lot 1; thence South 00 degrees 14 minutes 05 seconds West, along the east line of said Lot 1, a distance of 15 feet; thence South 76 degrees 50 minutes 00 seconds West a distance of 20 feet and there said line terminates. And that part of the drainage and utility easement over, under and across the west 10 feet of Lot 2, said Block 1, lying southerly of the northerly 25 feet of said Lot 2 and lying northerly of said northerly right-of-way line. And over, under and across the south 20 feet of the north 87 feet of the east 15 feet of the west 25 feet of said Lot 2. and WHEREAS, notice of the hearing on said petition 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, December 20,1999,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 City Council of Prior Lake has determined that the vacation of said easement would be in the public interest. {g2lYBctt~gf~I~}'8b~Ifi.t~~~~E~~~~P5r Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / ~~~12) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 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 drainage and utility easement situated on Lots 1 and 2, Block 1, Enivid First Addition, is hereby vacated: Legal. Description That part of the drainage and utility easement over, under and across the east 10 feet of Lot 1, Block 1, ENIVID FIRST ADDITION, according to the recorded plat thereof, Scott County, Minnesota, that lies northerly of the northerly right-of-way line of vacated Tower Street and which lies southerly of the following described line: Beginning at the northeast corner of said Lot 1; thence South 00 degrees 14 minutes 05 seconds West, along the east line of said Lot 1, a distance of 15 feet; thence South 76 degrees 50 minutes 00 seconds West a distance of 20 feet and there said line terminates. And that part of the drainage and utility easement over, under and across the west 10 feet of Lot 2, said Block 1, lying southerly of the northerly 25 feet of said Lot 2 and lying northerly of said northerly right-of-way line. And over, under and across the south 20 feet of the north 87 feet of the east 15 feet of the west 25 feet of said Lot 2. BE IT FURTHER RESOLVED, this vacation is subject to the following conditions: 1. An application for a development proposal and plans for the development are submitted to the City. 2. For the purposes of this resolution "plans" refers to, but is not limited to, the information included in site plans and building plans sufficient for a building permit application. 3. The development proposal and the plans submitted are approved by the City. 4. An application for a lot combination is submitted to the City for its approval. 5. The lot combination is approved by the City. BE IT FURTHER RESOLVED, upon completion of the above condition, this Resolution will be forwarded to the Office of the County Recorder, Scott County, for appropriate action. 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 WU LNER {Seal} r:\council\resoluti\planres\99\99-138.doc Page 2