HomeMy WebLinkAbout06-038
Motion By: Millar
Second By: Dornbush
WHEREAS, The City Council initiated the vacation of a portion of the drainage and utility easement
located on the property at 4500 Lords Street NE legally described easement as follows:
The part of the right-of-way of Lords Street, now to be vacated, being part of the
southeasterly 25.00 feet, as measured at a right angle, of the following described land:
That part of Government Lot 9, Section 35, Township 115, Range 22, Scott County, Minnesota,
described as follows:
Commencing at a point that is 220.28 feet north and 328.53 feet east of the northwest
comer of Lot 1, in the plat of Maple Park Shore Acres, said point on the center line and
east edge of the concrete bridge; thence North 83 degrees 00 minutes East a distance
of 129.0 feet; thence South 81 degrees 00 minutes East a distance of 112.4 feet; thence
North 61 degrees 34 minutes East a distance of 113.0 feet; thence North 54 degrees 57
minutes East a distance of 264.45 feet to the actual point of beginning; thence North 73
degrees 17 minutes East a distance of 284.2 feet; thence North a distance of 75.0 feet
to the high water mark of Prior Lake; thence Northwesterly along said high water mark to
its intersection with a line bearing North from the actual point of beginning; thence South
188.0 feet to the actual point of beginning.
Said vacated Lords Street is that part thereof which lies northerly of the following
described "Line A":
Commencing at the southeast comer of the above described land; thence northerly along the
east line of the above described land a distance of 32.00 feet to the point of beginning of "Line A";
thence southwesterly to a point on the west line ofthe above described land 10.00 feet northerly
of the southwest comer of the above described land, as measured along said west line, and said
"Line A" there terminating.
Reserving, however, an easement for drainage and utility purposes, over, under and
across that part of Lords Street to be vacated lying northerly of said "Line A" and
southerly of the following described "Line B":
Begin "Line B" at the intersection of the east line of the above described land with a line 5.00 feet
northwesterly of, as measured at a right angle, and parallel with the above described "Line A";
thence southwesterly, parallel with said "Line A", a distance of 205.00 feet; thence southwesterly
a distance of 100.00 feet along a line passing through the intersection of the west line of the
above described land with the northwesterly line of said southeasterly 25.00 feet of the above
described land, and said "Line B" there terminating.
WHEREAS, Notice of the hearing has been duly published and posted in accordance with the
applicable Minnesota Statutes, and
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www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
WHEREAS, A Public Hearing was held on said petition on Monday, March 20, 2006, in the Council
Chambers at the Prior Lake Fire Station #1; and
WHEREAS, The City Council then proceeded to hear all persons interested in said petition and
persons interested afforded the opportunity to present their views and objections to the
granting of said petition; and
WHEREAS, A portion of the existing easement can be vacated with the following conditions:
1) No portion of the remaining roadway easement be less than 50 feet in width.
2) A portion of the roadway easement is retained as drainage and utility easement
to accommodate existing utilities on the property as determined by the City
Engineer.
3) The Ferguson's convey additional roadway and drainage easements on the
east end of their property to the City for future roadway construction.
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 easement would be in the
public interest.
3. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easement is
hereby vacated:
Legal Description (Right-of-Way):
The part of the right-of-way of Lords Street, now to be vacated, being part of the southeasterly
25.00 feet, as measured at a right angle, of the following described land:
That part of Govemment Lot 9, Section 35, Township 115, Range 22, Scott County, Minnesota, described as
follows:
Commencing at a point that is 220.28 feet north and 328.53 feet east of the northwest comer of Lot 1,
in the plat of Maple Park Shore Acres, said point on the center line and east edge of the concrete
bridge; thence North 83 degrees 00 minutes East a distance of 129.0 feet; thence South 81 degrees 00
minutes East a distance of 112.4 feet; thence North 61 degrees 34 minutes East a distance of 113.0
feet; thence North 54 degrees 57 minutes East a distance of 264.45 feet to the actual point of
beginning; thence North 73 degrees 17 minutes East a distance of 284.2 feet; thence North a distance
of 75.0 feet to the high water mark of Prior Lake; thence Northwesterly along said high water mark to
its intersection with a line bearing North from the actual point of beginning: thence South 188.0 feet to
the actual point of beginning.
Said vacated Lords Street is that part thereof which lies northerly of the following described "Line
A:"
Commencing at the southeast corner of the above described land; thence northerly along the east line of the
above described land a distance of 32.00 feet to the point of beginning of "Line A"; thence southwesterly to a
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point on the west line of the above described land 10.00 feet northerly of the southwest comer of the above
described land, as measured along said west line, and said "Line A" there terminating.
Reserving, however, an easement for drainage and utility purposes, over, under and across that
part of Lords Street to be vacated lying northerly of said "Line A" and southerly of the following
described "Line B:"
Begin "Line B" at the intersection of the east line of the above described land with a line 5.00 feet northwesterly
of, as measured at a right angle, and parallel with the above described "Line A"; thence southwesterly, parallel
with said "Line A", a distance of 205.00 feet; thence southwesterly a distance of 100.00 feet along a line passing
through the intersection of the west line of the above described land with the northwesterly line of said
southeasterly 25.00 feet of the above described land, and said "Line B" there terminating.
4. Said vacation is subject to the following conditions:
a) The City of Prior Lake maintains a drainage and utility easement over the following described
property:
Reserving, however, an easement for drainage and utility purposes, over, under and across
that part of Lords Street to be vacated lying northerly of said "Line A" and southerly of the
following described "Line B:"
Begin "Line B" at the intersection of the east line of the above described land with a line 5.00 feet northwesterly
of, as measured at a right angle, and parallel with the above described "Line A"; thence southwesterly, parallel
with said "Line A", a distance of 205.00 feet; thence southwesterly a distance of 100.00 feet along a line passing
through the intersection of the west line of the above described land with the northwesterly line of said
southeasterly 25.00 feet of the above described land, and said "Line B" there terminating.
b) The property owners, Roger and Susan Ferguson, must convey additional roadway and
drainage easements on the east end of their property to the City for future roadway construction
prior to recording the vacation resolution.
c) Planning Commission recommendation for approval at their March 27, 2006, meeting.
PASSED AND ADOPTED THIS 20th DAY OF MARCH 2006.
Haugen
Dornbush
Erickson
leMair
Millar
YES
X
X
X
X
X
NO
Haugen
Dornbush
Erickson
leMair
Millar
Frank B~ ~nager
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