HomeMy WebLinkAbout13-058 Vacate ROW 5322 Candy Cove Trail
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 13-058
RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE CANDY COVE TRAIL RIGHT OF
WAY
MOTION BY: McGuire SECOND BY: Morton
WHEREAS, A petition for the vacation of a portion of the Candy Cove Trail right of way has been duly
presented to the City of Prior Lake, signed by the owners of the property abutting the following
described right of way situated in the City of Prior Lake, Scott County, Minnesota to wit:
Legal Description (Portion of Candy Cove Trail right of way):
That part of Candy Cove Trail located within Government Lot 3, Section 36, Township
115, Range 22, Scott County, Minnesota, lying northeasterly of Line A described below
and lying northwesterly of a line described as beginning at the most southerly corner of Lot
1 CANDY COVE PARK, according to the recorded plat thereof, said Scott County; thence
southwesterly at an angle of 86 degrees 11 minutes 57 seconds, as measured from the
southwesterly line of said Lot 1, a distance of 96.84 feet to said Line A; thence
northwesterly, along said Line A, 14.69 feet to the northwesterly line of said Candy Cove
Trail and said line there terminating.
Line A is described as commencing at said most southerly corner of Lot 1; thence
southwesterly at an angle of 71 degrees 00 minutes 00 seconds, as measured from said
southwesterly line of Lot 1, a distance of 50.00 feet; thence northwesterly at an angle of 69
degrees 41 minutes 00 seconds to the right, 114.40 feet; thence southwesterly at an angle
of 85 degrees 41 minutes 00 seconds to the left, 50.00 feet to the point of beginning of
Line A to be described; thence southeasterly at an angle of 94 degrees 27 minutes 00
seconds to the left, 135.00 feet and said Line A there terminating.
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, May 13, 2013, in the Council
Chambers at City Hall, 4646 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
WHEREAS, The portion of right of way requested for vacation is not necessary to provide access or utility
service to the adjacent properties.
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
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 right of way would be in the public
interest.
3.The following condition of approval is determined:
a)The approval resolution vacating the public right of way shall be recorded at the Scott County Recorder’s
Office within 60 days of City Council approval.
4.Pursuant to Minnesota Statues 412.851, the following described right of way is hereby vacated:
Legal Description (Portion of Candy Cove Trail right of way):
That part of Candy Cove Trail located within Government Lot 3, Section 36, Township 115, Range 22, Scott
County, Minnesota, lying northeasterly of Line A described below and lying northwesterly of a line described as
beginning at the most southerly corner of Lot 1 CANDY COVE PARK, according to the recorded plat thereof,
said Scott County; thence southwesterly at an angle of 86 degrees 11 minutes 57 seconds, as measured from
the southwesterly line of said Lot 1, a distance of 96.84 feet to said Line A; thence northwesterly, along said
Line A, 14.69 feet to the northwesterly line of said Candy Cove Trail and said line there terminating.
Line A is described as commencing at said most southerly corner of Lot 1; thence southwesterly at an angle of
71 degrees 00 minutes 00 seconds, as measured from said southwesterly line of Lot 1, a distance of 50.00 feet;
thence northwesterly at an angle of 69 degrees 41 minutes 00 seconds to the right, 114.40 feet; thence
southwesterly at an angle of 85 degrees 41 minutes 00 seconds to the left, 50.00 feet to the point of beginning
of Line A to be described; thence southeasterly at an angle of 94 degrees 27 minutes 00 seconds to the left,
135.00 feet and said Line A there terminating.
PASSED AND ADOPTED THIS 13 DAY OF MAY, 2013.
th
YES NO
Hedberg X Hedberg
Keeney X Keeney
McGuire X McGuire
Morton X Morton
Soukup X Soukup
______________________________
Frank Boyles, City Manager