HomeMy WebLinkAbout23-072 16080 Simms Court SE Easement Vacation
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 23-72
RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF
DRAINAGE & UTILITY EASEMENT AT 16080 SIMMS COURT SE
Motion By: Burkart Second By: Lake
WHEREAS, Timothy and Shelly Dusek (the “Applicant”), has submitted a petition for the
vacation of a drainage and utility easement within the rear yard at 16080 Simms
Court SE (PID 255460040). 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):
Vacation of a portion of the existing drainage and utility easement as described
and recorded per Scott County Document Number A1138948 within Lot 4 , Block
1, CARDINAL OVERLOOK ADDITION, according to the record plat thereof, Scott
County, Minnesota described as follows:
Commencing at the southeast corner of said Lot 4, Block 1, CARDINAL
OVERLOOK ADDITION; thence on an assumed bearing of North 14 degrees 52
minutes 00 seconds East, along the easterly line thereof, a distance of 38.46 feet
to the point of the beginning of said portion of the existing easement to be vacated;
thence continuing North 72 degrees 24 minutes 48 seconds West a distance of
10.17 feet; thence North 43 degrees 08 minutes 23 seconds West a distance of
63.21 feet; thence South 25 degrees 39 minutes 42 seconds West a distance
16.37 feet; thence South 41 degrees 04 minutes 41 seconds East a distance of
64.57 feet; thence South 89 degrees 44 minutes 03 seconds East a distance of
9.33 feet; thence North 29 degrees 59 minutes 51 seconds East a distance of
16.49 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 Monday, May 1, 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 drainage and utility easement is no longer necessary for the
maintenance of public utilities or any other public purpose.
2
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. This Resolution vacating a portion of the drainage and utility easement at 16080 Simms
Court SE shall not be recorded until an as-built survey has been submitted confirming the
portion of a retaining wall located within the 10 ft. drainage and utility easement along the
southern property line has been removed; and, all City costs have been reimbursed per
the Encroachment Agreement dated October 21, 2022. This Resolution shall be
considered null and void if this condition has not been complied with by June 15, 2023.
4. Pursuant to Minnesota Statues 462.358, the following described public easement is
hereby vacated:
Legal Description (Vacated Drainage & Utility Easement):
Vacation of a portion of the existing drainage and utility easement as described and recorded per
Scott County Document Number A1138948 within Lot 4 , Block 1, CARDINAL OVERLOOK
ADDITION, according to the record plat thereof, Scott County, Minnesota described as follows:
Commencing at the southeast corner of said Lot 4, Block 1, CARDINAL OVERLOOK ADDITION;
thence on an assumed bearing of North 14 degrees 52 minutes 00 seconds East, along the
easterly line thereof, a distance of 38.46 feet to the point of the beginning of said portion of the
existing easement to be vacated; thence continuing North 72 degrees 24 minutes 48 seconds
West a distance of 10.17 feet; thence North 43 degrees 08 minutes 23 seconds West a distance
of 63.21 feet; thence South 25 degrees 39 minutes 42 seconds West a distance 16.37 feet; thence
South 41 degrees 04 minutes 41 seconds East a distance of 64.57 feet; thence South 89 degrees
44 minutes 03 seconds East a distance of 9.33 feet; thence North 29 degrees 59 minutes 51
seconds East a distance of 16.49 feet to the point of beginning.
Passed and adopted by the Prior Lake City Council this 1st day of May 2023.
VOTE Briggs Braid Burkart Churchill Lake
Aye ☐ ☒ ☒ ☒ ☒
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☒ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager