HomeMy WebLinkAboutResolution No. 2020-57 Approving_ROW_Easement_Vacation209993v2
RESOLUTION NO. 2020-57
RESOLUTION VACATING SEGMENTS OF
OAK LANE AND GARDEN AVENUE
WHEREAS, an application was received on April 22, 2020 from Richard and Lisa Bale and Steve
and Kelly Housh requesting vacation of right of way for portions of Oak Lane and Garden Avenue; and
WHEREAS, pursuant to Minnesota Statutes § 412.851 the City Council of the City of Edina has
conducted a hearing on June 2, 2020, preceded by the statutorily required two (2) weeks published and
posted notice and mailed notice to the abutting property owners, to consider the vacation of right of way
legally described in Exhibit A attached hereto and incorporated herein (“Vacated ROW”)
WHEREAS, following the hearing the City Council and consideration of the proposed vacation, the
City Council has determined that the Vacated ROW is not needed for purposes of a public street provided
that easements are established for future trail, drain and utility purposes over the area within the Vacated
ROW;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin
County, Minnesota:
1. The Vacated ROW is vacated conditioned upon the City obtaining easements for trail,
drainage and utilities over the property described in Paragraphs 1-3 of Exhibit A in a form approved by
the City from all appropriate abutting fee owners, which easements shall be recorded simultaneously with
this Resolution.
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 lines, sanitary and storm sewer lines,
water pipes, mains, hydrants, and natural drainage areas thereon or thereunder, to continue maintain the
same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or
otherwise attend thereof.
4. The City Clerk shall transmit a certified duplicate of this Resolution to the County Auditor
and County Recorder together with the easements identified in Paragraph 1 of this Resolution.
PASSED, ADOPTED AND APPROVED this 16th day of June, 2020 by the City Council of the
City of Edina, Minnesota.
Attest:
Sharon Allison, City Clerk James B. Hovland, Mayor
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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
June 16, 2020 and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this _____ day of __________, 20___.
_______________________________
City Clerk
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EXHIBIT A
LEGAL DESCRIPTIN OF VACATED ROW
1. Oak Lane as dedicated in WARDEN ACRES AUSTIN REPLAT, Hennepin County, Minnesota
lying southerly of the westerly extension of the easterly line of Oak Lane as dedicated in
WARDEN ACRES AUSTIN 2ND REPLAT, Hennepin County, Minnesota;
2. Oak Lane as dedicated in WARDEN ACRES DAHLE REPLAT, Hennepin County, Minnesota,
3. Oak Lane as dedicated in WARDEN ACRES PETERSON REPLAT, Hennepin County,
Minnesota, lying west of the southerly extension of Lot 3, Block 1, of said WARDEN ACRES
PETERSON REPLAT;
4. The Easement for Public Road Purposes dated October 15, 1976 and filed October 25, 1976 as
Document Number 4241786 with the Hennepin County Recorder’s Office, affecting only that
part of the real property described below:
The north 25 feet of the west 20.52 feet of Lot 29 and the north 25 feet of Lot 30, Warden
Acres, Hennepin County, Minnesota.