HomeMy WebLinkAbout16-039 Eastwood 3rd Addn Easement Vacation
Phone 952.447.9800 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 16-039
RESOLUTION PROVIDING FOR THE VACATION OF A DRAINAGE & UTILITY EASEMENT LOCATED WITHIN
THE EASTWOOD THIRD ADDITION PLAT
MOTION BY: McGuire SECOND BY: Thompson
WHEREAS, John Anderson with Estate Avenue Realty, LLC has submitted a petition for the vacation of a
drainage and utility easement located at 14844 Estate Avenue SE. The petition has been duly
presented to the City of Prior Lake, signed by the owners of the property situated in the City of
Prior Lake, Scott County, Minnesota to wit:
Legal Description (Vacated Drainage & Utility Easement Area):
That part of Lot 2, Block 1, EASTWOOD THIRD ADDITION, City of Prior Lake, Scott County
Minnesota, described as follows:
Commencing at the most southwesterly corner of said Lot 2; thence North 24 degrees 08
minutes, 21 seconds West, along the southwesterly line of said Lot 2, a distance of 47.03 feet;
thence North 65 degrees 51 minutes 39 seconds East, a distance of 5.00 feet to a point on a
line that is parallel with and distant 5.00 feet northeasterly measured at right angles to said
southwesterly line and the point of beginning of the land to be described; thence North 65
degrees 51 minutes 39 seconds East, a distant of 20.97 feet; thence South 62 degrees 49
minutes 08 seconds East, a distance of 18.92 feet; thence South 82 degrees 48 minutes 40
seconds East, a distance of 23.56 feet to a point on a line that is parallel with and distant 10.00
feet northwesterly measured at right angles to the southeasterly line of said Lot 2; thence
South 47 degrees 43 minutes 00 seconds West, along last said parallel line, a distance of
27.18 feet; thence South 63 degrees 07 minutes 13 seconds West, along last said parallel line,
a distance of 27.13 feet, to a line parallel with and distant 5.00 feet northeasterly measured at
right angles to the southwesterly line of said Lot 2; thence North 24 degrees 08 minutes 20
seconds West, along last said parallel line, a distance of 36.78 feet, to the point of beginning.
(PID 25-480-002-0)
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, March 28, 2016, 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 public drainage and utility easement considered for vacation is not necessary to
facilitate utility services to the residential neighborhood.
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 public easement would be in the public
interest subject to the execution of a private maintainance agreement that applies to Lot 2, Block 1, Eastwood
Third Addition (PID 25-480-002-0) in perpetuity.
3. Pursuant to Minnesota Statues 462.358, the following described public easement is hereby vacated:
Legal Description (Vacated Drainage & Utility Easement Area):
That part of Lot 2, Block 1, EASTWOOD THIRD ADDITION, City of Prior Lake, Scott County Minnesota, described
as follows:
Commencing at the most southwesterly corner of said Lot 2; thence North 24 degrees 08 minutes, 21 seconds
West, along the southwesterly line of said Lot 2, a distance of 47.03 feet; thence North 65 degrees 51 minutes
39 seconds East, a distance of 5.00 feet to a point on a line that is parallel with and distant 5.00 feet northeasterly
measured at right angles to said southwesterly line and the point of beginning of the land to be described; thence
North 65 degrees 51 minutes 39 seconds East, a distant of 20.97 feet; thence South 62 degrees 49 minutes 08
seconds East, a distance of 18.92 feet; thence South 82 degrees 48 minutes 40 seconds East, a distance of
23.56 feet to a point on a line that is p arallel with and distant 10.00 feet northwesterly measured at right angles
to the southeasterly line of said Lot 2; thence South 47 degrees 43 minutes 00 seconds West, along last said
parallel line, a distance of 27.18 feet; thence South 63 degrees 07 minu tes 13 seconds West, along last said
parallel line, a distance of 27.13 feet, to a line parallel with and distant 5.00 feet northeasterly measured at right
angles to the southwesterly line of said Lot 2; thence North 24 degrees 08 minutes 20 seconds West, along last
said parallel line, a distance of 36.78 feet, to the point of beginning. (PID 25-035-001-0)
PASSED AND ADOPTED THIS 28th DAY OF MARCH, 2016.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ☒ ☒ ☒ ☐ ☒
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☒ ☐
______________________________
Frank Boyles, City Manager