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HomeMy WebLinkAboutResolution No. 2006-104 Hearing Date- Vacation of Scenic/Open Space- Braemar Park Addn. A, RESOLUTION NO. 2006-104 o� @ '` ' CALLING FOR PUBLIC HEARING ON �11rz VACATION OF EASEMENT FOR UTILITY AND DRAINAGE PURPOSES `Qonrar:re9 City of Winn BE IT RESOLVED by the City Council of the City of Edina,Hennepin County,Minnesota as follows: 1. It is hereby found and determined after receipt of the petition of the owner of the land affected thereby that the following described easement for scenic and open space purposes should be considered for vacation, in accordance with the provision of Minnesota Statutes,Sections 412.851 and 160.29; PROPOSED LEGAL DESCRIPTION OF SCENIC AND OPEN SPACE EASEMENT TO BE VACATED: All those portions of Lots 2, 3 and 4, Block 1, Braemar Parc, according to the plat thereof on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, lying Northeasterly of a line drawn parallel with and 110 feet Northeasterly of the Northeasterly right of way line of Mark Terrace Drive as shown on and dedicated by said plat of Braemar Parc. 2. This Council shall meet at the time and place specified in the form of notice included in • paragraph 3 hereof for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of a said hearing to be published once a week for two weeks, in the Edina Sun-Current, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF SCENIC AND OPEN SPACE EASEMENT IN THE CITY OF EDINA HENNEPIN COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will meet on December 5, 2006 at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a scenic and open space easement to be vacated: • PROPOSED LEGAL DESCRIPTION OF SCENIC AND OPEN SPACE EASEMENT TO BE VACATED: City Hall 952-927-8861 4801 WEST 50TH STREET FAX 952-826-0390 EDINA,MINNESOTA, 55424-1394 www.cityofedina.com TTY 952-826-0379 Resolution No.2 006-104 Page Two • All those portions of Lots 2, 3 and 4, Block 1, Braemar Parc, according to the plat thereof on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, lying Northeasterly of a line drawn parallel with and 110 feet Northeasterly of the Northeasterly right of way line of Mark Terrace Drive as shown on and dedicated by said plat of Braemar Parc. All persons who desire to be heard with respect to the question of whether or not the above proposed street right of way and utility and drainage vacation is in the public interest and should be made shall be heard at said time and place. The Council shall consider the extent to which such proposed street vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of such easement, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. • BY ORDER OF THE EDINA CITY COUNCIL Debra Mangen,City Clerk Dated: November 6,2006 Attest: Debra A. Mangen,City ClerV 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 6,2006 and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of ,20_. • City Clerk