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HomeMy WebLinkAbout04-107 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 04-107 RESOLUTION PROVIDING FOR THE VACATION OF THE DRAINAGE AND UTILITY EASEMENTS LOCATED ON OUTLOT 0, THE WILDS AND ON LOT 89, BLOCK 1, STERLING SOUTH AT THE WILDS MOTION BY: PETERSEN SECOND BY: LEMAIR WHEREAS, A petition for the vacation of a portion of the drainage and utility easements located on Outlot 0, The Wilds, and on Lot 89, Block 1, Sterling South at The Wilds, 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: All drainage and utility easements lying over, under and across Outlot 0, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota as delineated and dedicated on said THE WILDS, except those easements lying within the west 249.00 feet of the south 350.00 feet, as measured along the south and west lines respectively, of Outlot 0, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota. Together with: An easement for drainage and utility purposes as described in Document Number 343194, being more particularly described as follows: A permanent easement for drainage and utility purposes lying over, under and across that part of Outlot 0, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota, described as follows: Beginning at the southeast corner of said Outlot 0; thence on an assumed bearing of North 00 degrees 44 minutes 18 seconds West, along the east line of said Outlot 0, a distance of 279.28 feet; thence South 89 degrees 15 minutes 42 seconds West, a distance of 20.00 feet; thence South 00 degrees 44 minutes 18 seconds East, a distance of 39.28 feet; thence South 89 degrees 15 minutes 42 seconds West, a distance of 263.36 feet; thence South 23 degrees 59 minutes 59 seconds East, a distance of 89.82 feet; thence South 23 degrees 04 minutes 54 seconds West, a distance of 78.78 feet; thence South 00 degrees 44 minutes 18 seconds East; a distance of 85.41 feet to the south line of said Outlot 0; thence North 89 degrees 15 minutes 42 seconds East, along said south line, a distance of 279.70 feet to the point of beginning. Together with: All drainage and utility easements and drainage easements lying over, under and across Lot 89, Block 1, STERLING SOUTH AT THE WILDS, according to the recorded plat thereof, said Scott County, Minnesota, except that part thereof platted as STERLING ADDITION, according to the recorded plat thereof, said Scott County. r:\resoluti\planres\2004\04-1 07 .doc Page 1 www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 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, June 21, 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 afforded the opportunity to present their views and objections to the granting of said petition; and WHEREAS, New drainage and utility easements will be dedicated as part of the final plat for Sterling South 2nd Addition, so the existing drainage and utility easements are not necessary for the maintenance of public utilities; and 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 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 drainage and utility easements lying over, under and across Outlot 0, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota as delineated and dedicated on said THE WILDS, except those easements lying within the west 249.00 feet of the south 350.00 feet, as measured along the south and west lines respectively, of Outlot 0, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota. Together with: An easement for drainage and utility purposes as described in Document Number 343194, being more particularly described as follows: A permanent easement for drainage and utility purposes lying over, under and across that part of Outlot 0, THE WILDS, according to the recorded plat thereof, Scott County, Minnesota, described as follows: Beginning at the southeast corner of said Outlot 0; thence on an assumed bearing of North 00 degrees 44 minutes 18 seconds West, along the east line of said Outlot 0, a distance of 279.28 feet; thence South 89 degrees 15 minutes 42 seconds West, a distance of 20.00 feet; thence South 00 degrees 44 minutes 18 seconds East, a distance of 39.28 feet; thence South 89 degrees 15 minutes 42 seconds West, a distance of 263.36 feet; thence South 23 degrees 59 minutes 59 seconds East, a distance of 89.82 feet; thence South 23 degrees 04 minutes 54 seconds West, a distance of 78.78 feet; thence South 00 degrees 44 minutes 18 seconds East; a distance of 85.41 feet to the south line of said Outlot 0; thence North 89 degrees 15 minutes 42 seconds East, along said south line, a distance of 279.70 feet to the point of beginning. r:\resoluti\planres\2004\04-1 07 .doc Page 2 Together with: All drainage and utility easements and drainage easements lying over, under and across Lot 89, Block 1, STERLING SOUTH AT THE WILDS, according to the recorded plat thereof, said Scott County, Minnesota, except that part thereof platted as STERLING ADDITION, according to the recorded plat thereof, said Scott County. 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 21 st day of June, 2004. YES NO Haugen X Haugen Blomberg Absent Blomberg Absent LeMair X LeMair Petersen X Petersen Zieska X Zieska ?JrH- {Seal} Frank Boyles, City Manager r:\resoluti\plames\2004\04-1 07 .doc Page 3