HomeMy WebLinkAboutResolution No. 2017-034 Vacating Utility Easement W`
RESOLUTION NO. 2017-34
VACATING UTILITY EASEMENT
WHEREAS, a petition was received on March 14, 2017, from Millennium Edina LLC and
Millennium on York, LLC, requesting vacation of public water and sanitary sewer utility easement dated
Nov. 10, 2016, filed as Document No. A10379628; and
WHEREAS, the requestors will grant a general utility and drainage easement to the City; and
WHEREAS, two weeks published and posted notice were given and the hearing was held on
April 4, 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; and
WHEREAS, the City Council has determined that the easement is needed for public purposes;
therefore, the requestors will grant a new general utility and drainage easement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin
County, Minnesota:
1. That the following described easement is vacated:
All easements granted pursuant to that certain Public Water and Sanitary Sewer Utility
Easement dated November 10, 2016, filed as Document No. A10379628 in the Office of
the County Recorder, Hennepin County, Minnesota. Said easements are located on
property currently described as: PID(s) 29-028-24-24-0004, 29-028-24-24-0005, and 29-
028-24-24-0007. Property address 6550 York Avenue AT So, Edina, MN, and legally
described on Exhibit A attached hereto.
2. That the Mayor and the City Manager are authorized t x�cute all documents necessary, in
the opinion of the City Attorney, to effect the transfer o this property.
Dated: April 4, 2017
Attest: C�;, �
1�1 JjA M. Timm, Deputy City Clerk --�` Y James 6. Hovland, Mayor
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
CITY OF EDINA )
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting Deputy 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 April 4, 2017, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of 20_
CITY OF EDINA Deputy City Clerk
4801 West 50th Street• Edina,Minnesota 55424
www.EdinaMN.gov•952-927-8861 • Fax 952-826-0390
EXHIBIT"A"
Easement Premises
Commencing at the northwest corner of said Parcel A; thence on an assumed bearing of South 89
degrees 45 minutes 12 seconds East, along the north line of said Parcel A, a distance of 206.86 feet
to the point of beginning of the easement to be described; thence South 00 degrees 09 minutes 29
seconds West a distance of 35.29 feet; thence South 44 degrees 34 minutes 36 seconds West a
distance of 14.29 feet; thence South 00 degrees 09 minutes 29 seconds West a distance of 448.25
feet; thence southerly on a non-tangential curve concave to the west, having a radius of 107.93 feet,
a central angle of 24 degrees 24 minutes 47 seconds and a chord bearing of South 10 degrees 53
minutes 47 seconds East, a distance of 45.99 feet to the northerly line of the Easement for Public
Street Right of Way per Doc. No. 2989543; thence along said northerly line, on a non-tangential
curve concave to the northwest having a radius of 288.27 feet, a central angle of 04 degrees 27
minutes 41 seconds and a chord bearing of North 62 degrees 36 minutes 26 seconds East, a distance
of 22.45 feet;thence on a non-tangential curve concave to the west, having a radius of 127.93 feet, a
central angle of 22 degrees 21 minutes 10 seconds and a chord bearing of North 10 degrees 00
minutes 27 seconds West, a distance of 49.91 feet;thence North 00 degrees 09 minutes 29 seconds
East a distance of 210.56 feet; thence South 89 degrees 50 minutes 31 seconds East a distance of
10.00 feet; thence North 00 degrees 09 minutes 29 seconds East a distance of 235.80 feet; thence
North 44 degrees 34 minutes 36 seconds East a distance of 27.87 feet; thence North 00 degrees 45
minutes 16 seconds West a distance of 23.50 feet to the north line of said Parcel B;thence North 89
degrees 45 minutes 12 seconds West, along said north line of Parcel B and the north line of Parcel
A, a distance of 39.13 feet to the point of beginning.
Parcel A (owned by Millennium Edina, LLC)
That part of the west 229.86 feet of Lot 5, CASSIN'S OUTLOTS, Hennepin County, Minnesota,
lying South of the South line of CASSIN'S REPLAT; together with that part said Lot 5,CASSIN'S
OUTLOTS, lying easterly of the East line of the West 229.86 feet of said Lot, lying Northwesterly
and Northerly of the Northwesterly line of York Avenue South and the Northerly line of West 66th
Street and lying southerly and southwesterly of the following described line:
Commencing at the northeast corner of the west 229.86 feet of that part of said Lot 5 lying south of
CASSIN'S REPLAT; thence on an assumed bearing of South 00 degrees 25 minutes 24 seconds
East, along the east line of said west 229.86 feet, a distance of 356.17 feet to the point of beginning
of the line to be described; thence easterly 39.33 feet on a non-tangential curve concave to the north
having a radius of 486.79 feet a central angle of 4 degrees 37 minutes 47 seconds and a chord
bearing of North 87 degrees 54 minutes 13 seconds East; thence North 85 degrees 34 minutes 36
seconds East, not tangential to said curve, a distance of 67.53 feet; thence South 47 degrees 33
minutes 55 seconds East a distance of 76.45 feet to the northwesterly line of York Avenue South
and said line there terminating.
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Parcel B(owned by Millennium on York, LLC)
That part of Lot 5, CASSIN'S OUTLOTS, Hennepin County, Minnesota, lying West of a line
beginning at a point on the South line of said Lot 5, distant 219.1 feet West from the Southeast
corner thereof and running Northerly to a point on the North line of said Lot 5, distant 221.1 feet
West from the Northeast corner thereof and there terminating; and lying South of the South line of
CASSIN'S REPLAT; and lying Northwesterly and Northerly of the Northwesterly line of York
Avenue South and the Northerly line of West 66th Street, EXCEPT the West 229.86 feet of said Lot
5,also EXCEPT that part lying southerly and southwesterly of the following described line:
Commencing at the northeast corner of the west 229.86 feet of that part of said Lot 5 lying south of
CASSIN'S REPLAT; thence on an assumed bearing of South 00 degrees 25 minutes 24 seconds
East, along the east line of said west 229.86 feet, a distance of 356.17 feet to the point of beginning
of the line to be described; thence easterly 39.33 feet on a non-tangential curve concave to the north
having a radius of 486.79 feet a central angle of 4 degrees 37 minutes 47 seconds and a chord
bearing of North 87 degrees 54 minutes 13 seconds East; thence North 85 degrees 34 minutes 36
seconds East, not tangential to said curve, a distance of 67.53 feet; thence South 47 degrees 33
minutes 55 seconds East a distance of 76.45 feet to the northwesterly line of York Avenue South
and said line there terminating.
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