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HomeMy WebLinkAbout16-162 16045 Northwood Road Utility Easement Vacation O� PRZp� V 171 4646 Dakota Street SE Prior Lake,MN 55372 �jNivEso`�� RESOLUTION 16-162 RESOLUTION APPROVING THE VACATION OF A UTILITY EASEMENT LOCATED AT 16045 NORTHWOOD ROAD Motion By: Morton Second By: McGuire WHEREAS, The owners of the property located at 16045 Northwood Road NW have applied to have the property registered as Torrens. The City was named as a party in the registration due to a utility easement over the property. The Report of the Surveyor which was completed as part of the registration process identified the utility easement but noted that the easement is not in alignment and does not accurately reflect the location of the City infrastructure. WHEREAS, City staff has worked with the applicant to establish a new easement to replace the existing easement. The owners have requested that upon replacement, the existing easement be vacated. WHEREAS, The easement to be vacated is dated April 13, 1977 and was recorded in the Office of the Scott County Registrar of Titles on January 11, 1984 as Document No. T29656. 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 November 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 public utility easement considered for vacation is not necessary to facilitate storm water drainage or utility service because it is being replaced with a new easement. 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. Phone 952.447.9800 /www.cityofpriorlake.com 3. Pursuant to Minnesota Statues 462.358, the following described public easement is hereby vacated contingent on the recording of the new easement against the property as part of the registration: Legal Description (Vacated Easement Area): A 20 foot permanent easement for public utility purposes over, under, and across Lot 111 according to the plat of Northwood on file in the office of the County Recorder, Scott County, Minnesota. The center line of said easement is described as follows: Commencing at the northeast corner of Lot 112, said plat of Northwood; thence South 03 degrees 41 minutes 13 seconds East, assumed bearing, along the east line of said Lot 112 a distance of 246.15 feet; thence South 89 degrees 31 minutes 14 seconds West 55.00 feet to the point of beginning of the center line to be described;thence continuing South 89 degrees 31 minutes 14 seconds West 50.00 feet and said center line there terminating. PASSED AND ADOPTED THIS 28th DAY OF NOVEMBER, 2016 VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x x❑ ❑x Rx Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ F ank o es, City Manager r1 04 POMP ti V 4646 Dakota Street SE '�jrnvEso��` Prior Lake,MN 55372 STATE OF MINNESOTA COUNTY OF SCOTT CITY OF PRIOR LAKE I, the undersigned, being the duly qualified and appointed Manager of the City of Prior Lake, Minnesota, DO HEREBY CERTIFY that the attached is a copy of the full, true and complete Resolution 16-162 adopted by the City Council of the City held on the date therein indicated, which are on file and of record in my office. WITNESS my hand as such Manager of the City Council of the City of Prior Lake, Minnesota this 28th of November 2016. City Ma ger Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com