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HomeMy WebLinkAboutRecorded Res No. 2018-19Doc No Al 0533775 Certified, filed and/or recorded on Mar 5, 2018 2:47 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 58 Pkg ID 1663411E Document Recording Fee $46.00 Document Total This cover sheet is now a permanent part of the recorded document. $46.00 RESOLUTION NO. 2018-19 VACATING DRAINAGE AND UTILITY EASEMENT 4615 MERILANE AND 4665 MERILANE WHEREAS, an application was received on January 12, 2018 from the property owner of 4665 Merilane, who owns the property, dedicated in the plat of Warner Estates, requesting that the drainage and utility easement between 4615 and 4665 Merilane be vacated; and WHEREAS, 4615, 4665, and 4705 Merilane are completing a lot line adjustment; and WHEREAS, after the lot line adjustment only 4615 and 4704 Merilane will remain parcels; and WHEREAS, two weeks published and posted notice was given and the hearing was held on February 21, 2018, 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 property owners dedicating new public drainage and utility easements; and WHEREAS, the City Council has determined that the drainage and utility 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: I. That the following described drainage and utility easement is hereby vacated contingent upon the property owners at 4615 and 4705 Merilane providing the City public drainage and utility easements satisfactory to the City; BETWEEN LOTS I & 2 That part of the 10 foot wide drainage and utility easement centered on the common lot line between Lots I & 2, Block I, Warner Estates which lies westerly of the east 5 feet of said Lots I & 2 and southeasterly of the northwesterly 10 feet of said Lots I & 2. 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. That the Mayor and the City Manager are authorized to execute all documents necessary, in the opinion of the City Attorney, to affect the transfer of this property. Adopted this 21 st day of February, 2018. ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 wwwEdinaMN.gov • 952-826-0371 • Pax 952-826-0392 Attest:ii'll-Z-4 Debra A. Mangen, ity CI STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, 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 ofFebru 21,'2Q18, a[d'8s recorded in the Minutes of said Regular Meeting. - r WITNESS my hand and seal of said City this-�L day of 2VY. . i f Ity Ke rl f2 / / RESOLUTION NO. 2018-19 VACATING DRAINAGE AND UTILITY EASEMENT 4615 MERILANE AND 4665 MERILANE WHEREAS, an application was received on January 12, 2018 from the property owner of 4665 Merilane, who owns the property, dedicated in the plat of Warner Estates, requesting that the drainage and utility easement between 4615 and 4665 Merilane be vacated; and WHEREAS, 4615, 4665, and 4705 Merilane are completing a lot line adjustment; and WHEREAS, after the lot line adjustment only 4615 and 4704 Merilane will remain parcels; and WHEREAS, two weeks published and posted notice was given and the hearing was held on February 21, 2018, 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 property owners dedicating new public drainage and utility easements; and WHEREAS, the City Council has determined that the drainage and utility 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: I. That the following described drainage and utility easement is hereby vacated contingent upon the property owners at 4615 and 4705 Merilane providing the City public drainage and utility easements satisfactory to the City: BETWEEN LOTS I & 2 That part of the 10 foot wide drainage and utility easement centered on the common lot line between Lots I & 2, Block 1, Warner Estates which lies westerly of the east 5 feet of said Lots I & 2 and southeasterly of the northwesterly 10 feet of said Lots I & 2. 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. That the Mayor and the City Manager are authorized to execute all documents necessary, in the opinion of the City Attorney, to affect the transfer of this property. Adopted this 21 st day of February, 2018. ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 wwwEdinaMN.gov . 952-826-0371 • Fax 952-826-0392 Attest: li L Debra A. Mange—n, 5ity Cl6k STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, 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 February 21, 2018, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City thisaaiL day of City lerl<