HomeMy WebLinkAbout12-197 Lot 7-8, Shady Beach, Rixmann Easement Vacation
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 12 - 197
RESOLUTION PROVIDING FOR THE VACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED
WITHIN LOTS 7 & 8, SHADY BE ACH ADDITION PLAT
MOTION BY: Hedberg SECOND BY: Soukup
WHEREAS, A petition by Todd Phelps of Leonard Street & Deinard Law, o n behalf of Brad and Melanie
Rixmann for the vacation of drainage and utility easements located within Lots 7 & 8 of
SHADY BEACH ADDITION has been duly presented to the City of Prior Lake, signed by the
owners of the property abutting the following describ ed easement situated in the City of Prior
Lake, Scott County, Minnesota to wit:
Legal Description (Drainage and Utility Easements):
An Easement being 10 feet either side of the following described line and said Temporary
Construction Easement being 2 5 feet either side of said following described line. Said line is
described as follows:
Beginning at a point on the Northwest line of Lot 8, Shady Beach, said point distant 61.76 feet
from the most Northerly comer of said Lot 8; thence South 68°58'10'' Eas t a distance of
110.55 feet; thence North 68°54'00'' East a distance of 84.08 feet; thence North 28°11'50"
East a distance of 111.00 feet; thence North 59°52'24'' East a distance of 104.82 feet; thence
North 47°03'36" East to the Northeast line of Lot 5, S hady Beach and there terminating. For
the purpose of this description the Northwest line of Lots 8 through 10, Shady Beach is
assumed to have a bearing of South 22°30' West.
And
A n easement strip of land 20.00 feet in width the northwesterly line of which is described as
follows:
Commencing at the westerly comer of said Lot 7; thence southeasterly along the
southwesterly line of said Lot 7, a distance of 158.43 feet to the point of beginni ng of the line to
be described; thence northeasterly to a point on th e northeasterly line of said Lot 7, distant
121.43 feet southeasterly of the most northerly comer of said Lot 7, and there terminating ; and
WHEREAS, Notice of the hearing has been duly published and posted in accordance with the applicable
Minnesota St atutes, and
WHEREAS, A Public Hearing was he ld on said petition on Monday, November 26 , 20 1 2 , in the Council
Chambers a t City Hall, 464 6 Dakota Street SE ; and
WHEREAS, The City Council then 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
Phone 952.447. 9800 / Fax 952.44 7 . 4245 / www.cityofpriorlake.com
WHEREAS, A new dr ainage and utility easement has been dedicated under recorded Document # A919633
so the existing drainage and utility easements are not necessary for the m aintenance of public
utilities.
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. The City Council of Prior Lake has determined that the vacation of said easements would be in the public
interest.
3. The applicant/petitioner shall record this resolution at the Scott County Recorder’s Office within sixty (60)
days of City Council approval.
4. Pursuant to Minnesota S tatues 412.851, the following described drainage and utility easements are hereby
vacated:
Legal Description (Drainage and Utility Easements):
An Easement being 10 feet either side of the following described line and said Temporary Construction
Easement being 25 feet either side of said following described line. Said line is described as follows:
Beginning at a point on the Northwest line of Lot 8, Shady Beach, said point distant 61.76 feet from the
most Northerly comer of said Lot 8; thence South 68°58'1 0'' East a distance of 110.55 feet; thence North
68°54'00'' East a distance of 84.08 feet; thence North 28°11'50" East a distance of 111.00 feet; thence
North 59°52'24'' East a distance of 104.82 feet; thence North 47°03'36" East to the Northeast line of L ot 5,
Shady Beach and there terminating. For the purpose of this description the Northwest line of Lots 8 through
10, Shady Beach is assumed to have a bearing of South 22°30' West.
And
A n easement strip of land 20.00 feet in width the northwesterly line of which is described as
follows:
Commencing at the westerly comer of said Lot 7; thence southeasterly along the southwesterly line of said
Lot 7, a distance of 158.43 feet to the point of beginn ing of the line to be described; thence northeasterly to
a poin t on the northeasterly line of said Lot 7, distant 121.43 feet southeasterly of the most
northerly comer of said Lot 7, and there terminating.
PASSED AND ADOPTED THIS 26 DAY OF NOVE MBER , 20 12 .
TH
YES NO
Myser X Myser
Erickson X Erickson
Hedberg X H edberg
Keeney X Keeney
Soukup X Soukup
______________________________
Frank Boyles, City Manager