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Home My WebLink About26-092 Approving an Easement Vacation 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 26-092 RESOLUTION PROVIDING FOR THE VACATION OF EASEMENTS FOR ROADWAY, DRAINAGE AND UTILITY PURPOSES AT 14091 EAGLE CREEK AVENUE NE Motion By: Braid Second By: Lake WHEREAS, WHEREAS, WHEREAS, WHEREAS, the City of Prior Lake was obtained easements for roadway, drainage and utility purposes via eminent domain (File No. 94-08394) filed on September 15, 1995 in Scott County Courts and recorded as Document No. 358608 in the office of the Scott County Recorded on September 20, 1995; and Pulte Homes of Minnesota LLC (the “Developer”), on behalf of the property owners Vierling Family Limited Partnership (the “Property Owner”) have submitted an application for preliminary plat approval for a development to be known as Marlow Ridge Second Addition; and the plat of Marlow Ridge Second Addition will dedicate the necessary drainage and utility easements over a portion of Outlot B, Marlow Ridge; and the Developer and Property Owner has requested the City of Prior Lake vacate the Roadway, Drainage and Utility easements legally described herein; and WHEREAS, Notice of the public hearing has been duly published and posted in accordance with the applicable Minnesota Statutes; and WHEREAS, the Prior Lake Planning Commission held a public hearing on said petition on June 1, 2026 in the Council Chambers at Prior Lake City Hall, 4646 Dakota Street SE; and WHEREAS, the Planning Commission 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, WHEREAS, following the public hearing, the Planning Commission voted 5-0 to recommend the City Council approve the easement vacation; and on June 23, 2026, the City Council considered the easeemnt vacation request and found the existing roadway, drainage and utility easements will not be necessary following the recording of the Marlow Ridge Second Addition final plat and shall 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 2. The City Council of Prior Lake has determined that the vacation of said public roadway, drainage and utility easements is in the public interest. 3. The City Council finds the vacation of said public roadway, drainage and utility easements has no relationship to the comprehensive municipal plan. 4. The approval resolution vacating the easement shall be recorded at the Scott County Recorder’s Office following the recording of the Marlow Ridge Second Addition final plat. Failure to record the Marlow Ridge Second Addition final plat shall make this resolution providing for the vacation of easement for roadway, drainage and utility purposes at 14091 Eagle Creek Avenue NE null and void. 5. Pursuant to Minnesota Statues 462.358, the following described public easement is hereby vacated: Legal Description (Vacated public roadway, drainage and utility easements): A strip of land 90.00 feet in width over part of the Northwest Quarter of Section 26, Township 115, Range 22, Scott County, Minnesota, the centerline of which is described as follows: Commencing at the Southwest corner of said Northwest Quarter; thence North 01 degrees 03 minutes 40 seconds East, an assumed bearing along the West line of said Northwest Quarter, a distance of 70.00 feet to the point of beginning of said centerline to be hereinafter described; thence South 82 degrees 19 minutes 06 seconds East a distance of 298.46 feet; thence Easterly, a distance of 169.90 feet along a tangential curve concave to the South having a radius of 1,427.72 feet and a central angle of 06 degrees 49 minutes 06 seconds; thence South 75 degrees 30 minutes 00 seconds East, tangent to the last described curve, a distance of 413.06 feet; thence Easterly, a distance of 506.60 feet along a tangential curve concave to the North, having a radius of 1,042.85 feet and a central angle of 27 degrees 50 minutes 00 seconds; thence North 76 degrees 40 minutes 00 seconds East, tangent to the last described curve, a distance of 130.00 feet; thence Easterly, a distance of 168.73 feet along a tangential curve concave to the South having a radius of 816.95 feet and a central angle of 11 degrees 50 minutes 00 seconds; thence North 88 degrees 30 minutes 00 seconds East, tangent to the last described curve a distance of 992.53 feet to a point on the East line of said Northwest Quarter, distant 45.08 feet North of the Southeast corner of said Northwest Quarter as measured along said East line and there terminating. Said strip of land is to extend by its full width from said West line of the Northwest Quarter to said East line of the Northwest Quarter. Also that part of said Northwest Quarter which lies Southerly of the above described 90.00 foot strip of land and Easterly of the Easterly right-of-way line of County State Aid Highway No. 21. Also a strip of land 80.00 feet in width over that part of the Southeast Quarter of the Northwest Quarter of Section 26, Township 115, Range 22, Scott County, Minnesota, which lies South of the North 435.60 feet, the centerline of which is described as follows: Beginning at the intersection of the North line of the Southwest Quarter of the Northeast Quarter of said Section 26 and a line parallel to and distant 5.00 feet West of the West line of said Southwest Quarter of the Northeast Quarter; thence South 01 degrees 42 minutes 59 seconds West, on assumed bearing along said parallel line, a distance of 53.66 feet; thence Southerly, a distance of 117.30 feet along a tangential curve concave to the East having a radius of 1,800.00 feet and a central angle of 03 degrees 44 minutes 02 seconds; thence South 02 degrees 01 minutes 03 seconds East, tangent to the last described curve, a distance of 477.47 feet to the intersection with a line parallel to and 3 distant 40.00 feet West of said West line to the Southwest Quarter of the Northeast Quarter and there terminating. Said strip of land is to extend by its full width from said North line of the Southwest Quarter of the Northeast Quarter and the North line of said Southeast Quarter of the Northwest Quarter to a line which bears North 87 degrees 58 minutes 57 seconds East and passes through the point of termination. Also that part of said Southeast Quarter of the Northwest Quarter of Section 26 which lies South of the North 435.60 feet and which lies Westerly of the above described 80.00 foot strip of land and which lies Westerly of the East line of said Southeast Quarter of the Northwest Quarter and which lies Easterly, Southeasterly, and Easterly of the following described line: Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter; thence South 01 degrees 42 minutes 59 seconds West, on an assumed bearing along said East line of the Southeast Quarter of the Northwest Quarter, a distance of 790.00 feet to the actual point of beginning of said line to be hereinafter described; thence North 07 degrees 48 minutes 10 seconds West a distance of 332.57 feet; thence North 29 degrees 43 minutes 32 seconds East a distance of 62.04 feet; thence North 02 degrees 01 minute 03 seconds West a distance of 126.67 feet; thence North 23 degrees 03 minutes 32 seconds West a distance of 74.80 feet; thence North 26 degrees 24 minutes 57 seconds East a distance of 48.96 feet; thence North 01 degree 42 minutes 59 seconds East a distance of 168.85 feet to a point on said North line of the Southeast Quarter of the Northwest Quarter distant 45.00 feet West of said Northeast corner of the Southeast Quarter of the Northwest Quarter, as measured along said North line and there terminating. Also that part of said Northwest Quarter of Section 26, Township 115, Range 22, Scott County, Minnesota, which lies Northerly of the first above described 90.00 foot strip of land, lying Easterly of the Easterly right-of- way line of County Road No. 21 and lying Southerly of the following described line: Commencing at the Southwest corner of said Northwest Quarter; thence North 01 degrees 03 minutes 40 seconds East, an assumed bearing along the West line of said Northwest Quarter, a distance of 122.34 feet to the point of beginning of said line to be hereinafter described; thence South 83 degrees 57 minutes 45 seconds East a distance of 208.43; thence South 78 degrees 55 minutes 22 seconds East a distance of 101.09; thence South 73 degrees 25 minutes 14 seconds East, along a line to be hereinafter referred to as "Line A", a distance of 350.72 feet to a point on the South line of said Northwest Quarter, distant 645.15 feet Easterly of said Southwest corner of the Northwest Quarter, as measured along said South line; thence South 88 degrees 18 minutes 14 seconds East, along said South line of the Northwest Quarter, a distance of 644.08 feet; thence North 79 degrees 31 minutes 45 seconds East a distance of 172.91 feet; thence South 82 degrees 33 minutes 09 seconds East a distance of 83.67 feet to a point to be hereinafter referred to as "Point C"; thence continuing South 82 degrees 33 minutes 09 seconds East, along a line to be hereinafter referred to as "Line B", a distance of 279.98 feet to said South line of the Northwest Quarter and there terminating. Also that part which lies within the following temporary easements for drainage and slope purposes: That part of said Northwest Quarter which lies Northerly of the first above described 90.00 foot strip of land and which lies Northerly the above described referenced "Line A" and lying Southerly of the following described line: 4 Commencing at the Southwest corner of said Northwest Quarter; thence North 01 degrees 03 minutes 40 seconds East, an assumed bearing along the West line of said Northwest Quarter, a distance of 122.34 feet; thence South 83 degrees 57 minutes 45 seconds East a distance of 208.43 feet; thence South 78 degrees 55 minutes 22 seconds East a distance of 101.09, to the point of beginning of said line to be hereinafter described; thence North 74 degrees 04 minutes 00 seconds East a distance of 117.08 feet; thence South 82 degrees 54 minutes 10 seconds East a distance of 105.57 feet; thence South 76 degrees 38 minutes 45 seconds East a distance of 100.02 feet; thence South 71 degree 29 minutes 45 seconds East a distance of 100.24 feet; thence South 69 degrees 13 minutes 22 seconds East a distance of 100.60 feet; thence South 67 degrees 28 minutes 41 seconds East a distance of 94.28 feet to the South line of said Northwest Quarter and there terminating. Also that part of said Northwest Quarter which lies Northerly of the first above described 90.00 foot strip of land and which lies Northerly of the above described referenced "Line B" and lying Southerly, Westerly and Southerly of the following described line: Commencing at the above referenced "Point C"; thence North 66 degrees 36 minutes 15 seconds East a distance of 142.51 feet; thence South 78 degrees 32 minutes 50 seconds East a distance of 102.61 feet; thence South 82 degrees 58 minutes 09 seconds East a distance of 101.12 feet; thence South 88 degrees 38 minutes 15 seconds East a distance of 100.12 feet; thence North 83 degrees 55 minutes 34 seconds East a distance of 100.32 feet; thence North 68 degrees 11 minutes 44 seconds East a distance of 106.63 feet; thence North 71 degrees 16 minutes 36 seconds East a distance of 104.69 feet; thence North 67 degrees 11 minutes 39 seconds East a distance of 107.34 feet; thence South 60 degrees 32 minutes 10 seconds East a distance of 87.46 feet; thence South 19 degrees 56 minutes 06 seconds East a distance of 79.06 feet; thence North 77 degrees 11 minutes 24 seconds East a distance of 50.99 feet; thence North 82 degrees 47 minutes 22 seconds East a distance of 50.25 feet; thence North 88 degrees 30 minutes 00 seconds East a distance of 79.85 feet to a point on the East line of said Northwest Quarter distant 110.17 feet North of the Southeast corner of said Northwest Quarter, as measured along said East line, and there terminating. Also that part which lies within the following perpetual easements for utility and drainage purposes: The South 495.00 feet of the East 42.00 feet of the West 75.00 feet of the Northwest Quarter of Section 26, Township 115, Range 22, Scott County, Minnesota, except that part which lies within the above described perpetual easement for street, utility, and drainage purposes. Also a strip of land 20.00 feet in width the centerline of which is described as follows: Commencing at the Southwest corner of said Northwest Quarter; thence North 01 degree 03 minutes 40 seconds East, an assumed bearing along the West line of said Northwest Quarter, a distance of 345.10 feet to the point of beginning of said centerline to be hereinafter described; thence North 31 degrees 03 minutes 40 seconds East distance of 300.00 feet and there terminating. Said strip of land is to extend by its full width from the North and East lines of the South 495.00 feet of 75.00 feet of said Northwest Quarter to a line which bears North 58 degrees 56 minutes 20 seconds West and passes through the point of termination. 5 Passed and adopted by the Prior Lake City Council this 23rd day of June 2026. VOTE Briggs Braid Churchill Lake Hellier Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager