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HomeMy WebLinkAbout04-49 RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE RIGHT-OF-WAY FOR WILDS DRIVE AND THE DRAINAGE AND UTILITY EASEMENTS LOCATED ON OUTLOTS I & J, THE WILDS AND ON LOT 14, BLOCK 2, AND OUTLOT B, THE WILDS NORTH WHEREAS, WHEREAS, MOTION BY: ZIESKA SECOND BY: PETERSEN A petition for the vacation of a portion of the right-of-way for Wilds Drive and the drainage and utility easements located on Outlots I and J, The Wilds, and on Lot 14, Block 2, and Outlot B, The Wilds North, 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 (Right-of-Way): All that part of Wilds Drive, as delineated and dedicated on THE WILDS NORTH, according to the recorded plat thereof, Scott County, Minnesota, lying southerly of a line lying 25.00 feet southerly of as measured at right angles to and parallel with the center line of Cougar Path as delineated and dedicated on said WILDS NORTH. Together with: All that part of Wilds Drive, as delineated and dedicated on THE WILDS, accord.ing to the recorded plat thereof, Scott County, Minnesota, lying northerly of a line lying 42.00 feet northerly of as measured at right angles to and parallel with the center line of Wilds Trail as delineated and dedicated on said THE WILDS. AND Legal Description (Drainage and Utility Easements): All drainage and utility easements lying over, under and across Outlots I and J, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota as delineated and dedicated on said THE WILDS. And All drainage and utility easements lying over, under and across Lot 14, Block 2, and Outlot B, THE WILDS NORTH, according to the recorded plat thereof, Scott County, Minnesota as delineated and dedicated on said THE WILDS NORTH. Notice of the hearing has been duly published and posted in accordance with the applicable Minnesota Statutes, and r:\resoluti\planres\2004\04-49.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 WHEREAS, A Public Hearing was held on said petition on Monday, March 15, 2004, at 7:00 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 were afforded the opportunity to present their views and objections to the granting of said petition; and WHEREAS, New right-of-way and drainage and utility easements will be dedicated as part of the final plat tor Wensmann 4th Addition, so the existing right-ot-way and drainage and utility easements are not necessary for the maintenance of public utilities. NOW THEREFORE, BE IT RESOL VEO 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 ot Prior Lake has determined that the vacation of said right-of-way and easements would be in the public interest. 3. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easements are hereby vacated: Legal Description (Right-of-Way): All that part of Wilds Drive, as delineated and dedicated on THE WILDS NORTH, according to the recorded plat thereof, Scott County, Minnesota, lying southerly of a line lying 25.00 feet southerly of as measured at right angles to and parallel with the center line of Cougar Path as delineated and dedicated on said WILDS NORTH. Together with: All that part of Wilds Drive, as delineated and dedicated on THE WILDS, according to the recorded plat thereof, Scott County, Minnesota, lying northerly of a line lying 42.00 feet northerly ot as measured at right angles to and parallel with the center line of Wilds Trail as delineated and dedicated on said THE WILDS. AND Legal Description (Drainage and Utility Easements): All drainage and utility easements lying over, under and across Outlots I and J, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota as delineated and dedicated on said THE WILDS. And All drainage and utility easements lying over, under and across Lot 14, Block 2, and Outlot B, THE WILDS NORTH, according to the recorded plat thereof, Scott County, Minnesota as delineated and dedicated on said THE WILDS NORTH. r:\resoluti\planres\2004\04-49.doc Page 2 4. This vacation is subject to the following condition: a) The resolution vacating said right-of-way and easements will be recorded with the final plat. Passed and adopted this 15th day of March, 2004. YES NO Haugen, X Haugen Blomberg X Blomberg LeMair X LeMair Petersen X Petersen Zieska X Zieska {Seal} Frank BOYles,:!6'-=- r:\resoluti\planres\2004\04-49.doc Page 3