HomeMy WebLinkAbout13-088 Vacate ROW at Butternut and Northwood
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 13-088
RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE NORTHWOOD ROAD AND
BUTTERNUT CIRCLE RIGHT OF WAY
MOTION BY: McGuire SECOND BY: Soukup
WHEREAS, A petition for the vacation of a portion of the Northwood Road and Butternut Circle 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 right of way):
All that part of NORTHWOOD AVENUE, BUTTERNUT STREET, as shown on the plat of
NORTHWOOD, Scott County, Minnesota, described as follows: Beginning at the northwest
corner of Lot 10, said plat of NORTHWOOD; thence northeasterly along the northerly
extension of the westerly line of said Lot 10 to its intersection with the northerly right-of-way
line of NORTHWOOD Avenue as shown on said plat; thence northeasterly along said
northerly right-of-way line to its intersection with a line drawn 25.00 feet southwesterly of and
parallel with the centerline of butternut Circle NW as now traveled; thence southeasterly along
said parallel line to its intersection with the northerly extension of the easterly line of said Lot
10; thence southwesterly along said northerly extension to the northeast corner of said Lot 10;
thence northwesterly along the northerly line of said Lot 10 to the point beginning.
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, July 8, 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 pending dedication of easments.
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:
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
a)The property owners shall grant an easement which would be sufficient for the maintenance of existing
CenterPoint Energy and Integra utility lines.
b)The approval resolution vacating the public right of way shall be recorded at the Scott County Recorder’s
Office.
4.Pursuant to Minnesota Statues 412.851, the following described right of way is hereby vacated:
Legal Description (Portion of right of way):
All that part of NORTHWOOD AVENUE, BUTTERNUT STREET, as shown on the plat of NORTHWOOD, Scott
County, Minnesota, described as follows: Beginning at the northwest corner of Lot 10, said plat of
NORTHWOOD; thence northeasterly along the northerly extension of the westerly line of said Lot 10 to its
intersection with the northerly right-of-way line of NORTHWOOD Avenue as shown on said plat; thence
northeasterly along said northerly right-of-way line to its intersection with a line drawn 25.00 feet southwesterly
of and parallel with the centerline of butternut Circle NW as now traveled; thence southeasterly along said
parallel line to its intersection with the northerly extension of the easterly line of said Lot 10; thence
southwesterly along said northerly extension to the northeast corner of said Lot 10; thence northwesterly along
the northerly line of said Lot 10 to the point beginning.
PASSED AND ADOPTED THIS 8 DAY OF JULY, 2013.
th
YES NO
Hedberg X Hedberg
Keeney X Keeney
McGuire X McGuire
Morton Absent Morton
Soukup X Soukup
______________________________
Frank Boyles, City Manager