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RESOLUTION NO. 2003-49
VACATING PUBLIC RIGHT -OF -WAY
AND UTILITY EASEMENTS ON
A PORTION OF SOUTH XERXES
FROM 66TH STREET WEST TO YORK AVENUE
City of Edina
uy WHEREAS, a motion of the City Council, on the 1St day of April, 2003, fixed a date for a
public hearing on a proposed vacation of street right of way and utility easement on a portion of
South Xerxes Avenue from 66th Street West to York Avenue; and
WHEREAS, two weeks published and posted notice of said hearing was given and the Tv
hearing was held on July 15, 2003, at which time all persons desiring to be heard were given an Cl
opportunity to be heard thereon; and
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WHEREAS, the Council deems it to be in the best interest of the City and of the public that said
vacation be made; and
WHEREAS, the Council considered the extent the vacation affects existing easements
within the area of the 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;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin
County, Minnesota, that the following described public right of way and utility easements are
hereby vacated effective as of July 15, 2003:
That part of Lot 5, "Cassia's Outlots ", according to the recorded plat thereof and situated in
Hennepin County, Minnesota described as follows:
Commencing at the point of termination of Line 1 hereinafter described; thence
northerly along said Line 1 a distance of 232.20 feet; thence deflecting 47 degrees 30
minutes to the right and running northeasterly along a line hereinafter, referred to as
Line 2, a distance of 164.00 feet to the point of beginning of the parcel to be described;
thence along a tangential curve, concave to the south, having a radius of 7.05 feet (delta,
angle =121 degrees 58 minutes 14 seconds) for a distance of 15.01 feet; thence southerly
along a reverse curve, concave to the northeast, having a radius of 627.00 feet (delta
�\ angle = 8 degrees 51 minutes 45 seconds) for a distance of 96.98; thence southerly along a
reverse curve, concave to the west, having a radius of 380.58 feet for a distance of 129.20
feet, more or less, to a point on a line drawn parallel with and 40.00 feet westerly of the
east line of said Lot 5; thence southerly parallel with said east line of Lot 5 a distance of
30.26 feet; thence along a tangential curve, concave to the northwest, having a radius of
25.00 feet for a distance of 39.49 feet, more or less, to a point on a line drawn parallel
with and 65.00 feet northerly of the south line of said Lot 5; thence easterly parallel with
said south line of Lot 5 to an intersection with the east Iine of said Lot 5; thence northerly
along said east line of Lot 5 to an intersection with the northeasterly extension of said
Line 2; thence southwesterly along said northeasterly extension of Line 2 to the actual
point of beginning.
City Hall (952) 927 -8861
4801 WEST 50TH STREET FAX (952) 826 -0390
EDINA, MINNESOTA 55424-1394 TDD (952) 826 -0379
RESOLUTION NO. 2003-49
PAGE TWO
Line 1:
Beginning at a point on the north line of said Lot 5, distant 221.10 feet west of the
northeast comer of said Lot 5; thence southerly to a point on the south line of said Lot 5,
distant 219.10 feet west of the southeast corner of Lot 5 and there terminating.
Containing 20,196 square feet more or less.
BE IT FURTHER RESOLVED that the vacation of the easements are conditioned
upon the property owner entering into a development agreement with the City to
relocate the existing watermain; and rededicating the utility easement over the proposed
watermain
BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to
cause a notice of completion of proceedings to be prepared, entered in the transfer
record of the County Auditor, and filed with the County Recorder, in accordance with
Minnesota Statutes, Section 412.851.
Passed and adopted this 15th day of July, 2003.
Attest j
Debra A. Mangen, City. erk Dennis F. Maetzold,-'K4ayor
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 is a true and correct copy of the
Resolution duly adopted by the Edina City Council at its regular meeting of July 15,
2003, and as recorded in the Minutes of said regular meeting. oaf,
WITNESS, my hand and seal of said City this o 3
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