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HomeMy WebLinkAboutResolution No. 2024-34 Vacating Minnewawa AvenueRESOLUTION NO. 2024-34 VACATING PUBLIC RIGHT-OF-WAY EASEMENT MINNEWAWA AVENUE WHEREAS, Minnewawa Avenue was formerly located in between present day Highway 100 and Grange Road north of Eden Avenue and extending nearly to 50th Street West; and WHEREAS, the Minnesota Highway Department (MHD) now known as Minnesota Department of Transportation (MnDOT) condemned and acquired this property on or about 1972 to widen the state highway and construct the northbound circular on-ramp; and WHEREAS, the Village of Edina, now known as the City of Edina appealed the initial MHD offer to acquire this land, agreed upon a range of acceptable value estimates for City-owned property and received a recommendation to vacate Minnewawa Avenue as evidenced on page 24 of the Council Minutes dated 11-2-1970; and WHEREAS, the Village Council approved a $237,000 settlement from MHD to acquire the City-owned property needed for the highway expansion as evidenced in pages 11 and 12 of the Council Minutes dated 1-17-1972; and WHEREAS, all the necessary property was eventually acquired by MHD for the highway expansion and the highway improvements were completed on or about 1974 and portions were turned back to the City to establish the current boundaries of Tupa Park ; and WHEREAS, MnDOT issued an Amended Width Order No. 97383 on April 20, 2018 that provides clarification that all public highways, roads, streets and alleys within the project limits of highway expansion boundaries are taken over by the State as a trunk highway in accordance with Minnesota Statute Section 161.18; and WHEREAS, archival records at the City and Hennepin County pertaining to the transaction are incomplete and formal vacation of portion of Minnewawa Avenue formerly located within Tupa Park is unable to be found; and WHEREAS, affirmation of the vacation of Minnewawa Avenue is sought so that legal descriptions of property boundaries can be completed; and WHEREAS, two weeks published and posted notice was given and the required public hearing was held on May 7, 2024, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the City Council has determined that the former Minnewawa Avenue is not needed for public purposes as a public roadway; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota: I. That the following described public right-of-way / easement is hereby vacated: ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 www.EdinaMN.gov • 952-826-0371 • Fax 952-826-0392 ames B. Hovland, Mayor All that part of Minnewawa Avenue and Hopkins Road as dedicated in the plat of Tingdale Bros' Brookside, according to the recorded plat thereof, Hennepin County, Minnesota, lying south of the easterly extension of the north line of Lot I I, Block 6 said Tingdale Bros' Brookside to the east line of Section 28, Township 117, Range 21, and easterly of the southerly extension of the east line of said Lot 11 to the southerly line of said Hopkins Road, being 66.00 feet southwesterly of the southwesterly line of said Lot 11. 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 e -ssary, in the opinion of the City Attorney, to affect the transfer of this property. IP" Attest::,.:_ -pirry, 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 May 7, 2024, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 7 day of May, 2024. City Clerk Adopted thi of M 024. lison, City Clerk