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HomeMy WebLinkAbout19-031 14480 Shady Beach Trail Vacation 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 19-031 RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE SHADY BEACH TRAIL NE RIGHT-OF-WAY Motion By: Burkart Second By: Braid WHEREAS, WHEREAS, Joseph Cade (‘Applicant’), has submitted a petition for the vacation of a portion of the Shady Beach Trail NE right-of-way; 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 PRIOR LANE as depicted and dedicated in the plat of SHADY BEACH NO. 2, Scott County, Minnesota described as follows: Beginning at the northeast corner of Lot 7, said plat of SHADY BEACH NO. 2; thence North 04 degrees 43 minutes 15 seconds East, assumed bearing along the northerly extension of the east line of said Lot 7, a distance of 17.09 feet; thence westerly along a non-tangential curve, concave to the north, having a radius of 121.25 feet, a central angle of 38 degrees 06 minutes 46 seconds, an arc length of 80.66 feet, a chord bearing of North 80 degrees 56 minutes 24 seconds West, a chord distance of 79.18 feet; thence North 61 degrees 53 minutes 01 second West, tangent to last described curve, a distance of 18.81 feet, more or less, to its intersection with the northerly line of said Lot 7; thence southeasterly along said northerly line to the point of beginning. (As referenced in Exhibit A). 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 19, 2019, 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. The City Council of Prior Lake has determined that the vacation of said public right-of-way would be in the public interest. 2 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 future temporary construction activities and permanent underground utilities within the vacated right-of-way area. 5. 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 PRIOR LANE as depicted and dedicated in the plat of SHADY BEACH NO. 2, Scott County, Minnesota described as follows: Beginning at the northeast corner of Lot 7, said plat of SHADY BEACH NO. 2; thence North 04 degrees 43 minutes 15 seconds East, assumed bearing along the northerly extension of the east line of said Lot 7, a distance of 17.09 feet; thence westerly along a non-tangential curve, concave to the north, having a radius of 121.25 feet, a central angle of 38 degrees 06 minutes 46 seconds, an arc length of 80.66 feet, a chord bearing of North 80 degrees 56 minutes 24 seconds West, a chord distance of 79.18 feet; thence North 61 degrees 53 minutes 01 second West, tangent to last described curve, a distance of 18.81 feet, more or less, to its intersection with the northerly line of said Lot 7; thence southeasterly along said northerly line to the point of beginning. (As referenced in Exhibit A). Passed and adopted by the Prior Lake City Council this 19th day of February 2019. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Michael Plante, City Manager