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HomeMy WebLinkAbout21-174 ROW Vacation ResolutionReceipt:# 706128 Al 152507 RES $46.00 Return to: IIIIIII III �IIII II�II IIIII G-PRIOR LAKE CITY III�I IIIII Illf IIRIIIII 4646 D KOTA ST SE ! PRIOR LAKE MN 55372 Certified Filed and/or recorded on: 3/1 /2022 11: 54 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 21-174 A RESOLUTION PROVIDING FOR THE VACATION OF A PROTION OF PUBLIC RIGHT-OF- WAY ADJACENT TO 5458 FAIRLAWN SHORES TRAIL SE z � �Z' I� � Cit• • - Dated this 6th day of December 2021. Adjacent to the property at 5458 Fairlawn Shores Trail SE ABSTRACT PROPERTY PID:250310040 Return to and drafted by: City of Prior Lake Community and Economic Development Department 4646 Dakota Street SE Prior Lake, MN 55372 PRIp-,: u , 4646 Dakota Street SE �vrreso `'' Prior Lake. MN 55372 RESOLUTION 21-174 RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY ADJACENT TO 5458 FAIRLAWN SHORES TRAIL SE Motion By: Burkart Second By: Thompson WHEREAS, Douglas W. Johnson and Amy A. Johnson (`Applicant'), have submitted a petition for the vacation of a portion of public right-of-way adjacent to their property at 5458 Fairlawn Shores Trail SE (PID 250310040); and WHEREAS, The petition has been duly presented to the City of Prior Lake, Scott County, Minnesota to wit: Legal Description (5458 Fairlawn Shores Trial SE): Lot 10 and 11, FAIRLAWN SHORES, Scott County, Minnesota AND That part of lakefront shown on said plat of FAIRLAWN SHORES, which lies northeasterly of the northwesterly extension of the southwest line of said Lot 10 and southwesterly of the northwesterly extension of the northeast line of said Lot 11. Legal Description (Vacated Right -of -Way Area): 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 7 43.17 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. 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 December 6, 2021 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 maintenance of public utilities, public access, 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 right-of-way would be in the public interest. 3. The approval resolution vacating the right-of-way shall be recorded at the Scott County Recorder's Office. 4. The applicant shall enter into an easement agreement to allow temporary construction activites and permanent underground utilities within the vacated right-of-way area. 5. The City Council finds that the vacation of right-of-way has no relationship to the comprehensive municipal plan. 6. Review by the Planning Commission of the right-of-way vacation is hereby dispensed with, the vacation of right-of-way is hereby approved, and staff are authorized and directed to execute all documents, and take all appropriate measures to vacate said right-of-way. 7. Pursuant to Minnesota Statues 412.851, the following described public right-of-way is hereby vacated: Legal Description (5458 Fairlawn Shores Trial SE): Lot 10 and 11, FAIRLAWN SHORES, Scott County, Minnesota AND That part of lakefront shown on said plat of FAIRLAWN SHORES, which lies northeasterly of the northwesterly extension of the southwest line of said Lot 10 and southwesterly of the northwesterly extension of the northeast line of said Lot 11. Legal Description (Vacated Right -of -Way Area): 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 7 43.17 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. Passed and adopted by the Prior Lake City Council this 6thday of December 2021. VOTE Briqqs Thompson Braid Burkart Churchill Aye ❑x ❑x ❑x Fx Ox Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑All Absent Cal ,(6s ' n Wedel, City Manager 2