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HomeMy WebLinkAbout24-023 Pike Lake Landing Easement Vacation 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 24-023 RESOLUTION PROVIDING FOR THE VACATION OF A DRAINAGE, UTILITY, AND TRAIL EASEMENT ON OUTLOT I, PIKE LAKE LANDING (PID 255550620) Motion By: BURKART Second By: LAKE WHEREAS, WHEREAS, Parkhaven Holdings, LLC (the “Property Owner”) has submitted a petition for the vacation of a drainage, utility and trail easement on Outlot I, Pike Lake Landing (PID 255550620); and 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 (Drainage, Utility, and Trail Easement): That part of the West 465 feet of the North Half of the Southwest Quarter of Section 23, Township 115, Range 22, Scott County, Minnesota, EXCEPTING the West 340.79 feet of the South 512.00 feet (as measured at right angles) of said North Half of the Southwest Quarter. ALSO EXCEPTING the North 600 feet of the West 465 feet of said North Half of the Southwest Quarter. Which lies easterly of Parcel 4, Scott County Right of Way Plat No. 58, Scott County, Minnesota, according to the record plat thereof, on file in the Office of the County Recorder, in and for Scott County, Minnesota. Which lies south of the following described line: Commencing at the southeast corner of Parcel 4, Scott County Right of Way Plat No. 58, Scott County, Minnesota, according to the record plat thereof, on file in the Office of the County Recorder, in and for Scott County, Minnesota; thence northerly, along the easterly line of said Parcel 4, a distance of 91.95 feet along a non-tangential curve concave to the west having a radius of 2034.86 feet, a central angle of 02 degrees 35 minutes 20 seconds, a chord distance of 91.94 feet, and a chord bearing of North 04 degrees 16 minutes 03 seconds East; thence North 46 degrees 37 minutes 43 seconds East, along a southeasterly line of said Parcel 4, a distance of 71.87 feet to the beginning of the line to be described; thence South 88 degrees 50 minutes 03 seconds East a distance of 27.68 feet, more or less, to the east line of the West 465 feet of the North Half of the Southwest Quarter of Section 23, Township 115, Range 22, and said line there terminating; and 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 Tuesday, February 27, 2024 in the Council Chambers at 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 City Council finds the existing drainage, utility and trail easement is not necessary and can be vacated. 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. The City Council finds that the easement vacation has no relationship to the comprehensive municipal plan. 4. A two-thirds vote is required for approval by the City Council if the Planning Commission review of the proposed disposal as to compliance with the Comprehensive Plan is dispensed with. 5. Review by the Planning Commission of the easement vacation is hereby dispensed with, the vacation of easement is hereby approved, and staff are authorized and directed to execute all documents and take all appropriate measures to vacate said easement. 6. The approval resolution vacating the easement shall be recorded at the Scott County Recorder’s Office. 7. Pursuant to Minnesota Statues 462.358, the following described public easement is hereby vacated: Legal Description (Vacated Drainage, Utility, and Trail Easement): That part of the West 465 feet of the North Half of the Southwest Quarter of Section 23, Township 115, Range 22, Scott County, Minnesota, EXCEPTING the West 340.79 feet of the South 512.00 feet (as measured at right angles) of said North Half of the Southwest Quarter. ALSO EXCEPTING the North 600 feet of the West 465 feet of said North Half of the Southwest Quarter. Which lies easterly of Parcel 4, Scott County Right of Way Plat No. 58, Scott County, Minnesota, according to the record plat thereof, on file in the Office of the County Recorder, in and for Scott County, Minnesota. Which lies south of the following described line: Commencing at the southeast corner of Parcel 4, Scott County Right of Way Plat No. 58, Scott County, Minnesota, according to the record plat thereof, on file in the Office of the County Recorder, in and for Scott County, Minnesota; thence northerly, along the easterly line of said Parcel 4, a distance of 91.95 feet along a non-tangential curve concave to the west having a radius of 2034.86 feet, a central angle of 02 degrees 35 minutes 20 seconds, a chord distance of 91.94 feet, and a chord bearing of North 04 degrees 16 minutes 03 seconds East; thence North 46 degrees 37 minutes 43 seconds East, along a southeasterly line of said Parcel 4, a distance of 71.87 feet to the beginning of the line to be described; thence South 88 degrees 50 minutes 03 seconds East a distance of 27.68 feet, more or less, to the east line of the West 465 feet of the North Half of the Southwest Quarter of Section 23, Township 115, Range 22, and said line there terminating. 3 Passed and adopted by the Prior Lake City Council on a two-thirds majority this 27th day of February 2024. VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager