HomeMy WebLinkAbout24-085 Resolutoion Vacating a Portion of a public Right- of -Way West14024 Commerce Ave NE
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 24-085
RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF
PUBLIC RIGHT -OF-WAY WEST OF 14024 COMMERCE AVENUE NE
Motion By: Braid Second By: Burkart
WHEREAS,
WHEREAS,
Scott County has submitted a petition for the vacation of a portion of public right-
of-way located west of 14024 Commerce Avenue NE, north of Commerce Avenue
NE, and south of County Highway 42; 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):
That part of Timothy Avenue (also known as Timothy Lane) dedicated on
BOUDIN’S MANOR 4TH ADDITION, according to the record plat thereof, on file
in the Office of the County Recorder in and for Scott County, Minnesota, which
lies southerly of the north line of Parcel 19A and Parcel 19B on Scott County Right
of Way Plat No. 97, according to the record plat thereof, on file in the Office of the
County Recorder in and for Scott County, Minnesota, and northerly of the
following described line:
Beginning at the intersection of the east line of said Timothy
Avenue and the north line of Trail 25 on Scott County Right of Way
Plat No. 97, according to the record plat thereof, on file in the Office
of the County Recorder in and for Scott County, Minnesota; thence
North 57 degrees 42 minutes 11 seconds West (bearings based
on Scott County Right of Way Plat No. 97), along the northwesterly
extension of said north line of Trail 25, a distance of 78.11 feet,
more or less, to the west line of said Timothy Avenue and said 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 August 14, 2024 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.
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 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 City Council finds that the vacation of right-of-way has no relationship to the
comprehensive municipal plan.
5. A four-fifths majority is required for approval by the City Council of Prior Lake if the Planning
Commission review was dispensed with.
6. 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.
7. Pursuant to Minnesota Statues 412.851, the following described public right-of-way is hereby
vacated:
Legal Description (Vacated Right-of-Way Area):
That part of Timothy Avenue (also known as Timothy Lane) dedicated on BOUDIN’S MANOR
4TH ADDITION, according to the record plat thereof, on file in the Office of the County Recorder
in and for Scott County, Minnesota, which lies southerly of the north line of Parcel 19A and Parcel
19B on Scott County Right of Way Plat No. 97, according to the record plat thereof, on file in the
Office of the County Recorder in and for Scott County, Minnesota, and northerly of the following
described line:
Beginning at the intersection of the east line of said Timothy Avenue and the north
line of Trail 25 on Scott County Right of Way Plat No. 97, according to the record
plat thereof, on file in the Office of the County Recorder in and for Scott County,
Minnesota; thence North 57 degrees 42 minutes 11 seconds West (bearings based
on Scott County Right of Way Plat No. 97), along the northwesterly extension of
said north line of Trail 25, a distance of 78.11 feet, more or less, to the west line of
said Timothy Avenue and said line there terminating.
Passed and adopted by the Prior Lake City Council on a four-fifths majority this 14th day of August
2024.
VOTE Briggs Braid Burkart Churchill Lake
Aye ☒ ☒ ☒ ☐ ☒
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☒ ☐
______________________________
Jason Wedel, City Manager