HomeMy WebLinkAbout17-095 Pike Lake Marsh Easement Vacation
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-095
RESOLUTION PROVIDING FOR THE VACATION OF A DRAINAGE & UTILITY EASEMENT
LOCATED ALONG CSAH 42 (PIKE LAKE MARSH PLAT)
Motion By: Burkart Second By: McGuire
WHEREAS, Ron Clark Construction (the “Developer”) has submitted a petition for the vacation
of drainage and utility easement along CSAH 42 as identified in recorded
document #399292. 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):
An easement for utility and drainage purposes over, under and across all that part of the Southeast
Quarter of the Southwest Quarter of Section 23, Township 115, Range 22, Scott County, Minnesota,
lying east of a line drawn parallel with and distant 400.00 feet (as measured along the north and
south lines) easterly of the west, line of said Southeast Quarter of the Southwest Quarter, westerly of
the east 193.00 feet of said Southeast Quarter of the Southwest Quarter, north of the northerly right-
of-way of County Road No. 42, and southerly of a line drawn parallel with and distant 15.00 feet
southerly of the following described line:
Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter; thence on
an assumed bearing of North 00 degrees 00 minutes 00 seconds East along the east line of said
Southeast Quarter of the Southwest Quarter a distance of 544.30 feet to the point of beginning of the
line to the described; thence North 82 degrees 00 minutes 00 seconds West a distance of 181.53
feet; thence along a curve concave to the northeast, having a radius of 326.12 feet, an arc length of
156.91 feet; thence North 54 degrees 26 minutes 00 seconds West a distance of 189.92 feet; thence
North 90 degrees 00 minutes 00 seconds West a distance of 400 feet more or less to the intersection
with said line drawn parallel with and distant 400.00 feet (as measured along the north and south
lines) east of said west line and there terminating.
(PID 25-923-002-0)
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, June 12, 2017, 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, A new public outlot for drainage and utility purposes has been deeded as part of
the final plat for Pike Lake Marsh, so the existing drainage and utility easement is
no longer necessary for the maintenance of public utilities or any other public
purpose.
2
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council of Prior Lake has determined that the vacation of said public easement
would be in the public interest.
3. The approval resolution vacating the drainage and utility easement shall be recorded by the
Developer.
4. Pursuant to Minnesota Statues 462.358, the following described public easement is hereby
vacated:
Legal Description (Vacated Drainage & Utility Easement Area):
An easement for utility and drainage purposes over, under and across all that part of the Southeast Quarter of
the Southwest Quarter of Section 23, Township 115, Range 22, Scott County, Minnesota, lying east of a line
drawn parallel with and distant 400.00 feet (as measured along the north and south lines) easterly of the west,
line of said Southeast Quarter of the Southwest Quarter, westerly of the east 193.00 feet of said Southeast
Quarter of the Southwest Quarter, north of the northerly right-of-way of County Road No. 42, and southerly of a
line drawn parallel with and distant 15.00 feet southerly of the following described line:
Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter; thence on an
assumed bearing of North 00 degrees 00 minutes 00 seconds East along the east line of said Southeast Quarter
of the Southwest Quarter a distance of 544.30 feet to the point of beginning of the line to the described; thence
North 82 degrees 00 minutes 00 seconds West a distance of 181.53 feet; thence along a curve concave to the
northeast, having a radius of 326.12 feet, an arc length of 156.91 feet; thence North 54 degrees 26 minutes 00
seconds West a distance of 189.92 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of
400 feet more or less to the intersection with said line drawn parallel with and distant 400.00 feet (as measured
along the north and south lines) east of said west line and there terminating.
(PID 25-923-002-0)
Passed and adopted by the Prior Lake City Council this 12th day of June, 2017
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☒ ☒ ☐ ☒ ☒
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☒ ☐ ☐
______________________________
Frank Boyles, City Manager