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HomeMy WebLinkAboutResolution No. 2017-116 Vacating Street & Utility Easement Market Street �gtrlA. o� er � r ,,Z o v a a• '\�-YRMOftAY' RESOLUTION NO. 2017-116 VACATING STREET AND UTILITY EASEMENT AT MARKET STREET WHEREAS, a petition was received on October 18, 2017, from the Housing and Redevelopment Authority of the City of Edina, and Edina Market Street LLC, who are working jointly on redevelopment of the area currently referred to as Market Street, dedicated as Auditor's Subdivision 172, requesting street and utility easements be vacated; and WHEREAS, two weeks published and posted notice was given and the hearing was held on November 8, 2017, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the City Council deems it to be in the best interest of the City and of the public that said vacation be made contingent on the developer dedicating new right-of-way for street and utility easements; and WHEREAS, the City Council deems it to be in the best interest of the City and of the public that said vacation be made contingent on the developer dedicating new public and private utility easements to continue private utility service to adjacent private properties; and WHEREAS, the City Council has determined that the easement is not needed for public purposes; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota: 1. That the following described easements are hereby vacated: Doc. No. 2384700 (Exception 9) North 7 '/2 ft. of Lot 30, Auditor's Subdivision 172 Doc. No. 2384701 (Exception 1 1) North 7 '/2 ft. of Lot 33, Auditor's Subdivision 172 Doc. No. 2384707 (Exception 13) The North Twenty-five feet (25) of the South Half (S ''/2) of Lot thirty-four (34); and the North Twenty-five feet (25) of the East Thirteen feet (13') of the South Half (S '/2) of Lot Thirty-five (35) Auditor's Subdivision 172 Doc. No. 2384717 (Exception 17) The West ten (10') feet of the West one hundred fifty feet (150) of the East One Hundred seventy- two feet (172) of the South Half(S '/2) of Lot Thirty-six (36), Auditor's Subdivision 172; and The North twenty-five feet (25) and the West forty feet (40) of the East One Hundred sixty-two feet (162') of the South Half(S '/2) of Lot Thirty-six (36), Auditor's Subdivision 172 Doc. No. 2384719 (Exception 25) The south Forty-two and five-tenths feet (42.5') of Lot thirty-two (32), Auditor's Subdivision 172 Doc. No. 2384720 (Exception 26) The South twenty-five (25) feet of the North Half(N '/2) of Lots Thirty-four (34) and Thirty-five (35), Auditor's Subdivision 172 ENGINEERING DEPARTMENT 7450 Metro Boulevard• Edina,Minnesota 55439 www.EdinaMN.gov.952-826-0371 .Fax 952-826-0392 Resolution No. 2017-116 Doc. No. 2384702 The North twenty-five (25') feet of the South Half(S ''/2) of Lot Thirty-five (35) except the east thirteen (13) feet thereof, Auditor's Subdivision 172 Doc. No. 2384703 The North twenty-five (25') feet of the East twenty-two feet (22') of the South Half (S ''/z) of Lot Thirty-six (36), Auditor's Subdivision 172 Doc. No. 4150500 (Exception 15) [Utility Easement] The South 20 feet of the following described parcel: The South Half of Lot 34 and the East 13 feet of the South Half of Lot 35, Auditor's Subdivision Number 172, Hennepin County, Minnesota, except the part thereof lying South of a line drawn parallel with and 126.0 feet North of the South lines of said Lots 34 and 35. 2. The vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas and sewer lines, water pipes, mains and hydrants thereon or thereunder, if any, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto. 3. The vacation is effective following the approval of the final Market Street plat by the City Council and the recording of the plat with the Hennepin County Recorder. 4. That the Mayor and the City Manager are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the vacation of the easements. Adopted this 8th day of November, 2017. Attest: L' Debra A. ka—nien,'64 Clerk James B. Hovland, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK 1, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of November 8, 2017, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of 20 City Clerk