HomeMy WebLinkAbout07(C) - Consider Adoption of a Resolution to Vacate Public Right of Way Adjacent to 5458 Fairlawn Shores Trail SE Report5458 Fairlawn Shores SE
General Location Map
x1.Subject property's address is 5458 Fairlawn Shores Trail SE, Prior Lake, itsproperty identification number is 250310040.2.The bearing system is based on the southeasterly line of Lots 10 & 11,which is assumed to bear North 55 degrees 10 minutes 17 seconds East.3.Field work was completed 09/02/2020.4.The building(s) and exterior dimensions of the outside wall at ground levelare shown on the survey. It may not be the foundation wall.5.No specific title search for existence or non-existence of recorded orun-recorded easements has been conducted by the surveyor as a part ofthis survey. Only easements per the recorded plat are shown.6.The gross area (above the 904 contour) of the subject property is 0.44Acres or 19,282 square feet.NOTESLots 10 and 11, FAIRLAWN SHORES, Scott County, Minnesota.ANDThat part of the lakefront shown on said plat of FAIRLAWN SHORES, which liesnortheasterly of the northwesterly extension of the southwest line of said Lot10 and southwesterly of the northwesterly extension of the northeast line ofsaid Lot 11.PROPERTY DESCRIPTIONI hereby certify that this survey, plan or report was prepared by me or undermy direct supervision and that I am a duly Licensed Land Surveyor under thelaws of the State of Minnesota. That this survey does not purport to show allimprovements, easements or encroachments, to the property except asshown thereon.Signed this 23rd day of September, 2020Marcus F. Hampton MN L.S. No. 47481SURVEYOR'S CERTIFICATEThe vertical datum is NAVD88.BenchmarkTop nut of hydrant located at 5488 Fairlawn Shores TrailElevation = 931.39BENCHMARK2999 WEST C.R. 42, SUITE 100, BURNSVILLE, MN 55306
PHONE: 952.890.6044 www.jrhinc.com
PLANNERS / ENGINEERS / SURVEYORS
5458 FAIRLAWN SHORES TRAIL SE
PRIOR LAKE, MINNESOTA
CERTIFICATE OF SURVEY - PROPOSED HOUSE
FOR
PEBBLE CREEK CUSTOM HOMESDRAWN BYDATEREVISIONSMFH/PLM09/23/2020A. 12/17/20: LakefrontCAD FILE23798s-lls.dwgPRO-ECT NO.23798-00FILE NO.1-20-054SHEET 1 OF 1James R. Hill, Inc.LEGENDFOUND IRON PIPEAIR CONDITIONER UNITGROUND LIGHTRETAINING WALLTELEPHONE BOXELECTRIC METERGUY WIREPOWER POLEGAS METERGATE VALVEHYDRANTCONIFEROUSDECIDUOUSCATCH BASINSTORM MANHOLERIP RAPBITUMINOUS SURFACECONCRETE SURFACEPAVER SURFACESET IRON PIPELANDSCAPE MATERIALLot (above 904 contour)= 19,282 sq. ft.House/Garage= 4,436 sq. ft.Driveway = 1,151 sq. ft.Porch= 60 sq. ft.Front sidewalk= 0 sq. ft. -(less than 3' wide)Existing paver steps= 0 sq. ft. -(less than 3' wide)Existing shed= 120 sq. ft.Total Impervious= 5,767 sq. ft. or 29.9% of lotHARD COVER CALCULATIONSB. 3/2/21: Proposed houseProposedGarage Floor @ Front= 923.3Garage Top of Block= 923.7House Top of Block= 923.7Lowest Floor= 913.0Top of Block at Egress Window= 916.2FLOOR ELEVATIONSC. 3/3/21: HardcoverD. 3/17/21: Revised house andsetbacksE. 3/18/21: Existing shedF. 3/26/21: Storm SewerF. 4/2/21: Hse. plan
That part of the right of way of the Driveway, as dedicated on therecorded plat of FAIRLAWN SHORES, Scott County, Minnesota, nowknown as Fairlawn Shores Trail Southeast, described as follows:Beginning at the most easterly corner of Lot 11, said plat; thenceon an assumed bearing of South 30 degrees 39 minutes 13 secondsEast, along the southeasterly extension of the northeast line of saidLot 11, a distance of 14.56 feet; thence southwesterly a distance of90.17 feet along a non-tangential curve concave to the southhaving a radius of 743.17 feet, a central angle of 06 degrees 57minutes 07 seconds, and a chord which bears South 64 degrees 26minutes 30 seconds West, to the most southerly corner of Lot 10,said plat; thence North 55 degrees 10 minutes 17 seconds East,along the southeasterly lines of said Lots 10 and 11, a distance of90.00 feet to the point of beginning.RIGHT OF WAY TO BE VACATEDI hereby certify that this survey, plan or report was preparedby me or under my direct supervision and that I am a dulylicensed Professional Land Surveyor under the laws of theState of Minnesota.Signed this 28th day of October, 2021For: James R. Hill, Inc.By:Marcus F. Hampton, Land Surveyor, MN License No. 47481James R. Hill, Inc.2999 WEST C.R. 42, SUITE 100, BURNSVILLE, MN 55306PHONE: 952.890.6044 www.jrhinc.comPLANNERS / ENGINEERS / SURVEYORS'RAWN BY'ATEREVISIONSMFH10/28/2021CA' FILEPRO-ECT NO.PAGE 1 OF 223798skt-1.dwg23798-00SKETCH & DESCRIPTIONFOR: PEBBLE CREEK CUSTOM HOMES
RIGHT OF WAY
TO BE VACATED
Page 2 of 2 James R. Hill, Inc.
Scale: 1"=40'PROJECT NO. 23798skt-1SKETCH & DESCRIPTION
FOR: PEBBLE CREEK CUSTOM HOMES
PERMANENT EASEMENT
Douglas W. Johnson and Amy A. Johnson, husband and wife (“Grantor”) hereby grant
and convey this _________ day of ______________, 2021 to the City of Prior Lake, a municipal
corporation organized under the laws of the State of Minnesota (“Grantee”) a permanent
easement (“Easement”) for the following uses and purposes and subject to the following terms
and conditions on, over, under and across real property in the County of Scott, State of
Minnesota legally described on attached Exhibit A and depicted on the attached Exhibit B
(“Easement Parcel”)
1. Use and Purposes.
Grantee may use Easement Parcel for drainage, utility, and construction purposes. Grantee,
its contractors, agents, and employees may enter Easement Parcel at all reasonable times for the
purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering,
and repairing within Easement Parcel drainage and utilities or other public facilities or
improvements of any type that are not inconsistent with drainage and utility use. Further,
Grantee, its contractors, agents, and employees may enter Easement Parcel at all reasonable
times for the purpose of locating, constructing, reconstructing, operating, maintaining,
inspecting, altering, and repairing the abutting road, including but not limited to the use of
Easement Parcel for grading, stockpiling supplies, and staging construction/reconstruction of the
abutting road.
2. Uses of the Easement.
Grantor hereby conveys to Grantee all grasses, shrubs, trees, and natural growth on the
Easement Parcel. Grantee shall have the right to use and remove all earthen materials, structures,
improvements, and obstructions which lie within the boundaries of the Easement Parcel,
including the right of clearing the Easement Parcel to allow for the use of the land as stated
herein. The Easement also includes the right to cut, trim, or remove from the Easement Parcel
trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the
Easement or facilities of the Grantee, its successors or assigns.
3. Nonexclusive.
The Easement shall be nonexclusive; provided, however, the Easement shall be prior to and
superior to any other easement hereinafter granted. Any future easement shall be subject to and
subordinate to, and shall not interfere with, the Easement without the consent, in writing, of
Grantee.
4. Duration of Easement.
The Easement shall be perpetual, shall run with the land, shall be binding upon Grantor and
its successors and assigns and shall be for the benefit of Grantee and its successors and assigns.
5. Title.
The Grantor, for itself, its successors, heirs, and assigns does covenant with the City, its
successors and assigns that the Grantor is well seized in fee title of the Easement Parcel; that is
has the sole right to grant and convey the easement to the City; that there are no unrecorded
interests in the Easement Parcel; and it will indemnify and hold the City harmless for any breach
of the foregoing covenants.
WITNESS WHEREOF, Grantor has caused these presents to be executed as of the day
and year aforesaid.
GRANTOR:
Douglas W. Johnson
Amy A. Johnson
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of _____________, 2021,
by Douglas A. Johnson and Amy A. Johnson, husband and wife.
Notary Public
Drafted By:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
EXHIBIT A
Legal Description of Easement Parcel
That part of the right of way of the Driveway, as dedicated on the recorded plat of
FAIRLAWN SHORES, Scott County, Minnesota, now known as Fairlawn Shores Trail
Southeast, described as follows:
Beginning at the most easterly corner of Lot 11, said plat; thence on an assumed bearing of
South 30 degrees 39 minutes 13 seconds East, along the southeasterly extension of the
northeast line of said Lot 11, a distance of 14.56 feet; thence southwesterly a distance of 90.17
feet along a non-tangential curve concave to the south having a radius of 743.17 feet, a
central angle of 06 degrees 57 minutes 07 seconds, and a chord which bears South 64 degrees
26 minutes 30 seconds West, to the most southerly corner of Lot 10, said plat; thence North
55 degrees 10 minutes 17 seconds East, along the southeasterly lines of said Lots 10 and 11,
a distance of 90.00 feet to the point of beginning.
EXHIBIT B
Sketch of Easement Parcel