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HomeMy WebLinkAboutResolution No. 2020-76_ROW_Vacation RESOLUTION NO. 2020-76 VACATING DRAINAGE AND UTILITY EASEMENT 6000 FOX MEADOW LANE WHEREAS, an application was received on June 11, 2020 from Jennifer Peterson, Cates Fine Homes, of 6000 Fox Meadow Lane, dedicated in the plat of Whiteman Addition, requesting that the drainage and utility easement be vacated; and WHEREAS, two weeks published and posted notice was given and the hearing was held on July 21, 2020, 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: 1. That the following described drainage and utility easement is hereby vacated contingent upon the property owners at 6000 Fox Meadow Lane providing the City public drainage and utility easements satisfactory to the City: An Easement for Drainage and Utility purposes over, under, and across Lot 6, Block 1, WHITEMAN ADDITION, Hennepin County, Minnesota, lying easterly of the following described line. Commencing at the Southwest corner of Lot 6; thence Southeasterly a distance of 144.85 feet to the Southerly corner of said lot; thence South 89 degrees 36 minutes 59 seconds East along the south line of said Lot 6 a distance of 170.70 feet to the point of beginning of said line; thence North 02 degrees 16 minutes 59 seconds West a distance of 109.18 feet; thence North 77 degrees 15 minutes 49 seconds East a distance of 30.00 feet; thence North 12 degrees 44 minutes 11 seconds West a distance of 98.00 feet; thence South 77 degrees 15 minutes 49 seconds West a distance of 27.00 feet; thence North 35 degrees 36 minutes 11 seconds West a distance of 131.00 feet more or less to the Northerly line of said Lot 6 and there terminating. 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 5th day of August, 2020. Attest: Sharon Allison, City Clerk James B. Hovland, Mayor 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 August 5, 2020, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this _____ day of __________, 2020. _______________________________ City Clerk