HomeMy WebLinkAbout14-146 Right-of-Way Vacation adjacent to 5308 Candy Cove Tr
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 14-146
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 Government Lot 3, Section 36, Township 115, Range 22, Scott County,
Minnesota, together with vacated Candy Cove Trail 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 Line A
described below and the point of beginning of the parcel to be described; thence
southwesterly deflecting to the right 6 degrees 54 minutes 54 seconds 35.47 feet to the
northerly line of Candy Cove Trail; thence southwesterly deflecting to the left 23 degrees
52 minutes 57 seconds, along said northerly line of Candy Cove Trail, a distance of 14.64
feet, thence northwesterly deflecting to the riglit 102 degrees 01 minute 00 seconds 178
feet, more or less, to the shoreline of Prior Lake; thence northeasterly, along said shoreline,
50 feet, more or less, to the northwesterly extension of said Line A; thence southeasterly
174 feet, more or less, to the point of beginning. 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,
114.0 feet; thence southwesterly at an angle of 85 degrees 41 millutes 00 seconds to the
left, 50.00 feet to the point of beginuing of Line A to be described, thence southeasterly at
an angle of 94 degrees 27 nlinutes 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, September 22, 2014, 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.
NOWTHEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as
follows:
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.
b)The applicant shall file an easement in recordable form over the proposed vacated right-of-way satisfactory
to and approved by Minnesota Valley Electric Cooperative.
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 Government Lot 3, Section 36, Township 115, Range 22, Scott County, Minnesota, together with
vacated Candy Cove Trail 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 Line A
described below and the point of beginning of the parcel to be described; thence southwesterly deflecting to
the right 6 degrees 54 minutes 54 seconds 35.47 feet to the northerly line of Candy Cove Trail; thence
southwesterly deflecting to the left 23 degrees 52 minutes 57 seconds, along said northerly line of Candy
Cove Trail, a distance of 14.64 feet, thence northwesterly deflecting to the riglit 102 degrees 01 minute 00
seconds 178 feet, more or less, to the shoreline of Prior Lake; thence northeasterly, along said shoreline, 50
feet, more or less, to the northwesterly extension of said Line A; thence southeasterly 174 feet, more or less,
to the point of beginning. 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, 114.0 feet; thence southwesterly at an angle of 85 degrees 41 millutes 00 seconds to the left, 50.00 feet
to the point of beginuing of Line A to be described, thence southeasterly at an angle of 94 degrees 27 nlinutes
00 seconds to the left, 135.00 feet and said Line A there terminating.
PASSED AND ADOPTED THIS 22 DAY OF SEPTEMBER, 2014.
nd
VOTE Hedberg Keeney McGuire Morton Soukup
Aye
☒☒☒☒☒
Nay
☐☐☐☐☐
Absent
☐☐☐☐☐
Abstain
☐☐☐☐☐
______________________________
Frank Boyles, City Manager