HomeMy WebLinkAbout24-015 Sunset Trail ROW Vacation
4646 Dakota Street SE Prior Lake, MN 55372
RESOLUTION 24-015 RESOLUTION PROVIDING FOR THE VACATION OF A PORTION PUBLIC RIGHT-OF-WAY LOCATED AT 17394 SUNSET TRAIL SW Motion By: BURKART Second By: BRAID
WHEREAS,
WHEREAS,
Reliabuilders Construction, Inc. (‘Property Owner’), has submitted a petition for the vacation of a portion of public right-of-way located on its property at 17394 Sunset Trail SW (PID 258010610); and the petition has been duly presented to the City of Prior Lake, Scott County,
Minnesota to wit: Legal Description (Vacated Right-of-Way Area):
All that part of the 66-foot public road depicted upon the plat of Fairview Beach, Scott County, Minnesota, according to the recorded plat thereof on file and of record in the Office of the Register of Deeds in and for said county and state,
described as follows: Commencing at a point on the meander line of Spring Lake 88.00 feet easterly of the northwest corner of Government Lot 7, Section 10, Township 114, Range 22; thence North 87 degrees 21 minutes 45 seconds East, an assumed bearing along said meander line a distance of 45.09 feet to the northwest corner of Lot 3, Fairview Beach; thence southerly South 0 degrees 56 minutes 12 seconds West, along the westerly line of said plat of Fairview Beach and parallel with the west line of Government Lot 7, a distance of 300.00 feet to the northerly line of said public road and the point of beginning of the land to be described; thence North 87 degrees 18 minutes 15 seconds East, a distance of 20.04 feet to the most
southerly corner of Lot 23, said Fairview Beach; thence North 64 degrees 28 minutes 28 seconds East, along the southerly line of said Lot 23 a distance of 27.33 feet; thence southerly and southwesterly 118.93 feet along a non-tangential
curve concave to the southeast to its intersection with a line being 83.00 feet easterly of and parallel with the west line of Government Lot 7, said curve has a central angle of 16 degrees 42 minutes 50 seconds, a radius of 407.68 feet a
chord which bears South 53 degrees 44 minutes 55 seconds West And a chord of 118.50 feet; thence North 0 degrees 56 minutes 12 seconds East, not tangent to the last described curve, parallel with the west line of said Government Lot 7 a distance of 55.01 feet to the north line of said public road; thence north 87 degrees 18 minutes 14 seconds East, along the north line of said public road a distance of 50.04 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 February 13, 2024 in the Council Chambers at Prior Lake City Hall, 4646 Dakota Street SE; and
2
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 Property Owner shall dedicate a drainage and utility easement to the City of Prior Lake along the southern 10 feet of the vacated area, the southern 10 feet of the vacated street, and the southern 10 feet of Lot 23 Fairview Beach. 5. The Property Owner shall request a utility locate to evaluate any potential private utilities located in the area proposed for vacation and dedicate any private easements as necessary. 6. The City Council finds that the vacation of right-of-way has no relationship to the comprehensive municipal plan. 7. A four-fifths majority is required for approval by the City Council of Prior Lake if the Planning Commission review was dispensed with. 8. 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. 9. Pursuant to Minnesota Statues 412.851, the following described public right-of-way is hereby
vacated: Legal Description (Vacated Right-of-Way Area):
All that part of the 66-foot public road depicted upon the plat of Fairview Beach, Scott County, Minnesota, according to the recorded plat thereof on file and of record in the Office of the Register of Deeds in and for said county and state, described as follows: Commencing at a point on the meander line of Spring Lake 88.00 feet easterly of the northwest corner of Government Lot 7, Section 10, Township 114, Range 22; thence North 87 degrees 21 minutes 45 seconds East, an assumed bearing along said meander line a distance of 45.09 feet to the northwest corner of Lot 3, Fairview Beach; thence southerly South 0 degrees 56 minutes 12 seconds West, along the westerly line of said plat of Fairview Beach and parallel with the west line of Government Lot 7, a distance of 300.00 feet to the northerly line of said public road and the point of beginning of the land to be described; thence North 87 degrees 18 minutes 15
seconds East, a distance of 20.04 feet to the most southerly corner of Lot 23, said Fairview Beach; thence North 64 degrees 28 minutes 28 seconds East, along the southerly line of said Lot 23 a distance of 27.33 feet; thence southerly and southwesterly 118.93 feet along a non-tangential
curve concave to the southeast to its intersection with a line being 83.00 feet easterly of and parallel with the west line of Government Lot 7, said curve has a central angle of 16 degrees 42 minutes 50 seconds, a radius of 407.68 feet a chord which bears South 53 degrees 44 minutes
55 seconds West And a chord of 118.50 feet; thence North 0 degrees 56 minutes 12 seconds East, not tangent to the last described curve, parallel with the west line of said Government Lot 7 a distance of 55.01 feet to the north line of said public road; thence north 87 degrees 18 minutes 14 seconds East, along the north line of said public road a distance of 50.04 feet to the point of beginning.
3
Passed and adopted by the Prior Lake City Council on a four-fifths majority this 13th day of February 2024. VOTE Briggs Braid Burkart Churchill Lake
Aye ☒ ☒ ☒ ☒ ☒
Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐
______________________________ Jason Wedel, City Manager