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Home My WebLink AboutCC Resolution 18-105 - 15753 Highland Ave NW - Vacation of an Unimproved Alley Receipt: # 603760 Al 055101 VAC $46.00 4Return to. G-PRIOR LAKE CITY 646 DAKOTA ST E I IIIIIII IIII VIII VIII VIII VIII VIII VIII IIII IIII PRIOR LAKE MN 55372 Certified Filed and/or recorded on: 10/5/2018 8 : 14 AM Office of the County Recorder Scott County , Minnesota Julie K. Hanson, County Recorder STATE OF MINNESOTA) )ss . COUNTY OF SCOTT ) The undersigned, duly qualified and Planner for the City of Prior Lake, hereby certifies the attached hereto is the original true and correct copies of RESOLUTION 18 - 105 A RESOLUTION PROVIDING FOR THE VACATION OF AN UNIMPROVED ALLEY /WI(00'� Casey McWe City of Prior Lake Dated this 16th day of September 2018 . 15753 Highland Avenue NW ABSTRACT PID : 251430630 T115 , S345 R22 Return to and drafted by : City of Prior Lake Community Development Department 4646 Dakota Street SE Prior Lake, MN 55372 • ��OILE 04 p0 s � 0 Seal), :�� . rT ; � � �"x •, \ � rte ' • \, t O� PRIO FAV U 4646 Dakota Street SE `�'Irvrvsso ��' Prior Lake , MN 55372 RESOLUTION 18= 105 RESOLUTION PROVIDING FOR THE VACATION OF AN UNIMPROVED ALLEY Motion By: McGuire Second By : Braid WHEREAS , Highland Avenue NW right-of-way was dedicated to the public on the 1976 plat of Island View 15' Addition ; and WHEREAS , David E . Lewis and Patricia A. Johnson , as joint tenants of 15753 Highland Avenue NW ( 'Applicants ' ) , have submitted a petition for the vacation of right-of-way adjacent to their property ( PID 251430630 ) ; and WHEREAS , The petition has been duly presented to the City of Prior Lake , Scott County , Minnesota to wit : Legal Description of Portion of Highland Avenue NW to be vacated : That part Highland Avenue NW , as platted in ISLAND VIEW 1 ST ADD ' N , according to the record plat thereof, on file in the Office of the County Recorder in and for Scott County , Minnesota , which lies southeasterly of a line lying 60 . 00 feet southeasterly of and parallel with Line A , described below, and which lies easterly of Line B , described below, and which also lies westerly of the westerly line of SCOTT COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO . 34 , according to the record plat thereof, on file in the Office of the County Recorder in and for Scott County, Minnesota . Line A: Commencing at the northeast corner of Government Lot 3 , Section 34 , Township 115 North , Range 22 West , Scott County, Minnesota ; thence South 00 degrees 15 minutes 12 seconds West , along the east line of said Government Lot 3 , a distance of 872 . 30 feet to a point hereinafter referred to as Point A ; thence continuing South 00 degrees 15 minutes 12 seconds West , along said east line of Government Lot 3 , a distance of 100 . 42 feet to the north line of said Highland Avenue NW ; thence South 85 degrees 37 minutes 51 seconds West , along said north line of Highland Avenue NW , a distance of 219 . 15 feet to the east line of Block 3 , said ISLAND VIEW 1ST ADD ' N ; thence North 00 degrees 21 minutes 30 seconds East , along said east line of Block 3 , a distance of 6 . 57 feet to the beginning of Line A; thence northeasterly a distance of 43 . 43 feet along a non . tangential curve concave to the northwest having a radius of 65 . 50 feet , a central angle of 37 degrees 59 minutes 27 seconds , a chord length of 42 . 64 feet , and a chord bearing of North 59 degrees 56 minutes 44 seconds East ; thence North 40 degrees 57 minutes 01 second East , tangent to the last described curve , a distance of 43 . 11 feet ; thence northeasterly a distance of 84 . 97 feet along a tangential curve concave to the southeast having a radius of 126 . 50 feet and a central angle of 38 degrees 29 minutes 00 seconds ; thence North 79 degrees 26 minutes 01 second East , tangent to the last described curve , a distance of 82 . 82 feet to said Point A and said Line A there terminating . Line B : Beginning at the northwest corner of Lot 5 , Block 4 , ISLAND VIEW 1 ST ADD ' N , according to the record plat thereof, on file in the Office of the County Recorder in and for Scott County , Minnesota ; thence north , perpendicular to the north line of said Lot 5 , a distance of 38 . 00 feet , more or less , to its intersection with a line lying 60 . 00 feet southeasterly of and parallel with the above described Line A and said Line B there terminating . ; 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 16 , 2018 , 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 , The vacated area legally described above is no longer necessary for the public access ; and WHEREAS , The vacated area legally described above is necessary for the maintenance of public utilities . 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 . This resolution is conditioned upon the Applicants granting the City of Prior Lake a permanent easement for the purpose of drainage , utility and access over, across , on , under and through the portion of vacated Highland Avenue NW right- of-way. 3 . The City Council of Prior Lake has determined that the vacation of said public right-of-way would be in the public interest . 4 . The approval resolution vacating the right-of-way shall be recorded at the Scott County Recorder' s Office . 5 . Pursuant to Minnesota Statues 412 . 851 , the following described right-of-way is hereby vacated : 2 Legal Description of Portion of Highland Avenue NW to be vacated : That part Highland Avenue NW , as platted in ISLAND VIEW 1 ST ADD ' N , according to the record plat thereof, on file in the Office of the County Recorder in and for Scott County, Minnesota , which lies southeasterly of a line lying 60 . 00 feet southeasterly of and parallel with Line A , described below, and which lies easterly of Line B , described below , and which also lies westerly of the westerly line of SCOTT COUNTY HIGHWAY RIGHT- OF-WAY PLAT NO . 34 , according to the record plat thereof, on file in the Office of the County Recorder in and for Scott County , Minnesota . Line A : Commencing at the northeast corner of Government Lot 3 , Section 34 , Township 115 North , Range 22 West , Scott County, Minnesota ; thence South 00 degrees 15 minutes 12 seconds West , along the east line of said Government Lot 3 , a distance of 872 . 30 feet to a point hereinafter referred to as Point A ; thence continuing South 00 degrees 15 minutes 12 seconds West, along said east line of Government Lot 3 , a distance of 100 . 42 feet to the north line of said Highland Avenue NW ; thence South 85 degrees 37 minutes 51 seconds West , along said north line of Highland Avenue NW , a distance of 219 . 15 feet to the east line of Block 3 , said ISLAND VIEW 1ST ADD ' N ; thence North 00 degrees 21 minutes 30 seconds East , along said east line of Block 3 , a distance of 6 . 57 feet to the beginning of Line A ; thence northeasterly a distance of 43 .43 feet along a non -tangential curve concave to the northwest having a radius of 65 . 50 feet , a central angle of 37 degrees 59 minutes 27 seconds , a chord length of 42 . 64 feet , and a chord bearing of North 59 degrees 56 minutes 44 seconds East ; thence North 40 degrees 57 minutes 01 second East , tangent to the last described curve , a distance of 43 . 11 feet ; thence northeasterly a distance of 84 . 97 feet along a tangential curve concave to the southeast having a radius of 126 . 50 feet and a central angle of 38 degrees 29 minutes 00 seconds ; thence North 79 degrees 26 minutes 01 second East , tangent to the last described curve , a distance of 82 . 82 feet to said Point A and said Line A there terminating . Line B : Beginning at the northwest corner of Lot 5 , Block 4 , ISLAND VIEW 1ST ADD ' N , according to the record plat thereof, on file in the Office of the County Recorder in and for Scott County , Minnesota ; thence north , perpendicular to the north line of said Lot 5 , a distance of 38 . 00 feet , more or less , to its intersection with a line lying 60 . 00 feet southeasterly of and parallel with the above described Line A and said Line B there terminating . PASSED AND ADOPTED BY THE PRIOR LAKE CITY COUNCIL THIS 16th DAY OF JULY 2018 . VOTE Briggs McGuire Thompson Braid Burkart Aye N N N N N Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Frank Boyl s , Ay fAanager 3