HomeMy WebLinkAbout23-050 3140 Butternut Circle SW Easement Vacation
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 23-50
RESOLUTION PROVIDING FOR THE VACATION OF A DRAINAGE & UTILITY EASEMENT
AT 3140 BUTTENUT CIRCLE SW
Motion By: Burkart Second By: Braid
WHEREAS, Fieldstone Family Homes (the “Applicant”), on behalf of the property owner, John
and Jan Hawkins, has submitted a petition for the vacation of a drainage and utility
easement within the rear yard at 3140 Butternut Circle SW (PID 251410201). The
petition has been duly presented to the City of Prior Lake by the owners of the
property situated in the City of Prior Lake, Scott County, Minnesota to wit:
Legal Description (Vacated Drainage & Utility Easement - Doc#A97183):
A 15 foot permanent for sanitary sewer pirposes over, under and across Lot 41
according to the plat of Northwood on file in the office of the County Recorder,
Scott County, Minnesota. The center line of said easement is described as
follows:
Commencing at the most southerly corner of said Lot 41; thence North 52
degrees 14 minutes 15 seconds East, assumed bearing, along the
southeasterly line of said Lot 41 a distance of 383.70 fet to the point of
beginning of the center line to be described; thence North 15 degrees 25
minutes 44 seconds West 53.00 feet more or less to the northwesterly line
of said Lot 41 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, March 20, 2023, 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 drainage and utility purposes are in place, so
the existing sanitary sewer easement 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.
2
3. Pursuant to Minnesota Statues 462.358, the following described public easement is
hereby vacated:
Legal Description (Vacated Drainage & Utility Easement - Doc#A97183):
A 15 foot permanent for sanitary sewer pirposes over, under and across Lot 41 according to the
plat of Northwood on file in the office of the County Recorder, Scott County, Minnesota. The
center line of said easement is described as follows:
Commencing at the most southerly corner of said Lot 41; thence North 52 degrees 14
minutes 15 seconds East, assumed bearing, along the southeasterly line of said Lot 41 a
distance of 383.70 fet to the point of beginning of the center line to be described; thence
North 15 degrees 25 minutes 44 seconds West 53.00 feet more or less to the northwesterly
line of said Lot 41 and said center line there terminating.
Passed and adopted by the Prior Lake City Council this 20th day of March 2023.
VOTE Briggs Braid Burkart Churchill Lake
Aye ☒ ☒ ☒ ☒ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☒
______________________________
Jason Wedel, City Manager