HomeMy WebLinkAbout17-110 Edgewater Easement Vacation
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-110
RESOLUTION PROVIDING FOR THE VACATION OF DRAINAGE & UTILITY EASEMENTS
LOCATED AT 15286 EDGEWATER CIRCLE NE
Motion By: Burkart Second By: McGuire
WHEREAS,
WHEREAS,
Gerold Brothers Homes (‘Applicant’), on behalf of the property owners Mark and
Heidi Ohlmann, has submitted a petition for the vacation of drainage and utility
easements located along the southern property line at 15286 Edgewater Circle NE;
and
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 those certain drainage and utility easements created within the plat of
MARTINSON ISLAND SECOND ADD’N, Scott County, Minnesota, which lie 10.00
feet northerly of and 10.00 feet southerly of, and parallel with, the northerly line of
Lot 2, Block 1, of said plat, which lies northerly of the following described line:
beginning at the northeast corner of Lot 2, said Block 1; thence North 76 degrees 04
minutes 20 seconds West a distance of 256 feet, more or less, to the shore line of
Prior Lake and there terminating. For the purposes of this description, the northerly
line of said Lot 2 is assumed to have a bearing of North 72 degrees 45 minutes 57
seconds West. (PID 250710031); and
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, July 10, 2017, in the Council
Chambers at Prior Lake 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 10.00-foot easement shall be granted for drainage and utility purposes so the
existing drainage and utility easements dedicated on the plat of Martinson Island
Second Addition and legally described above are no longer necessary for the
maintenance of public utilities or any other public purpose.
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.
2
3. Approval is conditional upon granting of a new drainage and utility easement as described
below:
An easement for drainage and utility purposes over, under and across a strip of land 10.00
feet in width, the southerly line of which is described as follows: Beginning at the northeast
corner of Lot 2, Block 1, MARTINSON ISLAND SECOND ADD’N, Scott County, Minnesota,
thence North 76 degrees 04 minutes 20 seconds West a distance of 256 feet, more or less,
to the shore line of Prior Lake and there terminating. For the purposes of this description, the
northerly line of said Lot 2 is assumed to have a bearing of North 72 degrees 45 minutes 57
seconds West. The northerly line of said strip to be lengthened or shortened as required to
commence on the easterly line of Lot 1, said Block 1 and terminate at the shore line of Prior
Lake. (PID 250710031)
4. The approval resolution vacating the drainage and utility easement shall be recorded by the
Applicant.
5. Pursuant to Minnesota Statues 462.358, the following described public easement is hereby
vacated:
Legal Description (Vacated Drainage & Utility Easement Area):
That part of those certain drainage and utility easements created within the plat of
MARTINSON ISLAND SECOND ADD’N, Scott County, Minnesota, which lie 10.00 feet
northerly of and 10.00 feet southerly of, and parallel with, the northerly line of Lot 2, Block 1,
of said plat, which lies northerly of the following described line: beginning at the northeast
corner of Lot 2, said Block 1; thence North 76 degrees 04 minutes 20 seconds West a distance
of 256 feet, more or less, to the shore line of Prior Lake and there terminating. For the
purposes of this description, the northerly line of said Lot 2 is assumed to have a bearing of
North 72 degrees 45 minutes 57 seconds West. (PID 250710031)
Passed and adopted by the Prior Lake City Council this 10th day of July 2017
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☒ ☒ ☒ ☒ ☒
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager