HomeMy WebLinkAbout22-094 17232 Sunset Trail Easement Vacation
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 22-094
RESOLUTION PROVIDING FOR THE VACATION OF A SANITARY SEWER EASEMENT
AT 17232 SUNSET TRAIL SW
Motion By: Braid Second By: Burkhart
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
the City of Prior Lake, as petitioner pursuant to M.S. 117.205, obtained a 15-foot
permanent easement for sanitary sewer purposes over, under and across that part
of Lot 3, Sunset Shore, identified as Parcel 33 on Easement No. 539, in documents
dated October 12, 1983 and recorded in the Office of the Scott County Recorder on
August 17, 1998 as document number 97183 and 423203; and
it was discovered that the easement description incorrectly identified a sanitary
sewer pipe running in a northwesterly direction through the parcel when the sanitary
sewer pipe actually runs in a northeasterly direction; and
Michael P. Jensen and Mary B. Jensen, husband and wife, as owners of property
located at 17232 Sunset Trail SW (PID 251340031) granted the City of Prior Lake a
sanitary sewer and storm sewer easement dated May 26, 2022 and recorded in the
Office of the Scott County Recorder as Document Number A1158536 on June 23,
2022; and
on August 1, 2022, the Prior Lake City Council considered a petition to vacate the
15-foot permanent easement for sanitary sewer purposes over, under and across
that part of Lot 3, Sunset Shore; and
the incorrect sanitary sewer easement legal description identified as Parcel 33 on
Easement No. 539, in documents dated October 12, 1983 and recorded in the Office
of the Scott County Recorder on August 17, 1998 as document number 97183 and
423203 is:
Commencing at the southeast corner of said Lot 3; thence South 89 degrees 50
minutes 51 seconds West, assumed bearing, along the southerly line of said Lot 2 a
distance of 109.85 feet to the point of beginning of the center line to be described;
thence North 28 degrees 57 minutes 37 seconds West 45.78 feet to a point 7.50 feet
southerly of measured at right angles to the northerly line of said Lot 3; thence North
89 degrees 50 minutes 51 seconds East parallel with said northerly line a distance
of 100.74 feet more or less to the easterly line of said Lot 3 and said center line there
terminating.
the petition has been duly presented to the City of Prior Lake for vacation of a
sanitary sewer easement over a portion property located at 17232 Sunset Trail SW
(PID 251340031), situated in the City of Prior Lake, Scott County, Minnesota to wit:
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Legal Description (Vacated Drainage & Utility Easement Area):
A 15 foot permanent easement for sanitary sewer purposes over, under and across
that part of Lot 3, according to the plat of Sunset Shore on file in the office of the
County Recorder, Scott County, Minnesota. The center lineof said easement is
described as follows:
Commencing at the southeast corner of said Lot 3; thence South 89 degrees 50
minutes 51 seconds West, assumed bearing, along the southerly line of said Lot 3 a
distance of 109.85 feet to the point of beginning of the center line to be described;
thence North 28 degrees 57 minutes 37 seconds West 45.78 feet to a point 7.50 feet
southerly of measured at right angles to the northerly line of said Lot 3; thence North
89 degrees 50 minutes 51 seconds East parallel with said northerly line of Lot 3 to
the easterly line of said Lot 3 and said center line there terminating.
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, August 1, 2022, in the Council
Chambers at 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, applicable deeded easements for sanitary sewer and storm sewer utility purposes
are in place, so the previously obtained easement for sanitary sewer purposes is 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.
3. Pursuant to Minnesota Statues 462.358, the following described public easement is
hereby vacated:
Legal Description (Vacated Drainage & Utility Easement Area):
A 15 foot permanent easement for sanitary sewer purposes over, under and across that part
of Lot 3, according to the plat of Sunset Shore on file in the office of the County Recorder,
Scott County, Minnesota. The center lineof said easement is described as follows:
Commencing at the southeast corner of said Lot 3; thence South 89 degrees 50 minutes 51
seconds West, assumed bearing, along the southerly line of said Lot 3 a distance of 109.85
feet to the point of beginning of the center line to be described; thence North 28 degrees 57
minutes 37 seconds West 45.78 feet to a point 7.50 feet southerly of measured at right angles
to the northerly line of said Lot 3; thence North 89 degrees 50 minutes 51 seconds East
parallel with said northerly line of Lot 3 to the easterly line of said Lot 3 and said center line
there terminating.
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Passed and adopted by the Prior Lake City Council this 1st day of August 2022.
VOTE Briggs Thompson Braid Burkart Churchill
Aye ☒ ☒ ☒ ☒ ☒
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager