HomeMy WebLinkAbout23-139- 5470 Fairlawn Shores Trail ROW Vacation CC Resolution
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 23-139
RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF
PUBLIC RIGHT -OF-WAY ADJACENT TO 5470 FAIRLAWN SHORES TRAIL SE
Motion By: Lake Second By: Briggs
WHEREAS,
WHEREAS,
Mathhew R. Herbst and Laurie Herbst (‘Applicant’), have submitted a petition for the
vacation of a portion of public right-of-way adjacent to their property at 5470 Fairlawn
Shores Trail SE (PID 250310050); and
the petition has been duly presented to the City of Prior Lake, Scott County,
Minnesota to wit:
Legal Description (5470 FAIRLAWN SHORES TRAIL SE):
Lots 12 and 13, FAIRLAWN SHORES, Scott County, Minnesota.
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 southerly corner of Lot 12, said plat; thence on an assumed
bearing of South 30 degrees 39 minutes 13 seconds East, along the southeasterly
extension of the southwest line of said Lot 12, a distance of 14.56 feet; thence
northeasterly a distance of 32.83 feet long a non-tangential curve concave to the
south having a radius of 376.60 feet, a central angle of 04 degrees 59 minutes 40
seconds, and a chard which bears North 70 degrees 34 minutes 38 second East, to
the southerly extension of the east line of Lot 13, said plat; thence North 00 degrees
25 minutes 17 seconds East, along said southerly extension, to the southeast corner
of said Lot 13; thence South 55 degrees 10 minutes 17 seconds West, along the
southeasterly lines of said Lots 12 and 13, a distance of 47.00 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 October 16, 2023 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
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
activities 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. A four-fifths majority is required for approval by the City Council of Prior Lake if the Planning
Commission review was dispensed with.
7. 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.
8. Pursuant to Minnesota Statues 412.851, the following described public right-of-way is hereby
vacated:
Legal Description (5470 FAIRLAWN SHORES TRAIL SE):
Lots 12 and 13, FAIRLAWN SHORES, Scott County, Minnesota.
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 southerly corner of Lot 12, said plat; thence on an assumed bearing of
South 30 degrees 39 minutes 13 seconds East, along the southeasterly extension of the
southwest line of said Lot 12, a distance of 14.56 feet; thence northeasterly a distance of 32.83
feet long a non-tangential curve concave to the south having a radius of 376.60 feet, a central
angle of 04 degrees 59 minutes 40 seconds, and a chard which bears North 70 degrees 34
minutes 38 second East, to the southerly extension of the east line of Lot 13, said plat; thence
North 00 degrees 25 minutes 17 seconds East, along said southerly extension, to the southeast
corner of said Lot 13; thence South 55 degrees 10 minutes 17 seconds West, along the
southeasterly lines of said Lots 12 and 13, a distance of 47.00 feet to the point of beginning.
Passed and adopted by the Prior Lake City Council on a four-fifths majority this 16th day of October
202 3.
VOTE Briggs Braid Burkart Churchill Lake
Aye ☒ ☒ ☒ ☒ ☒
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager