HomeMy WebLinkAboutCity Council Resolution 2021-212
CITY OF PLYMOUTH
RESOLUTION NO. 2021-212
RESOLUTION APPROVING THE VACATION OF A PORTION OF DRAINAGE
AND UTILITY EASEMENT OF 10230 28TH AVE NORTH
WHEREAS, a public hearing with respect to said vacation was scheduled for July 27,
2021, in accordance with Minnesota Statutes 412.851 and the City Charter Section 12.06; and
WHEREAS, a notice of publication of said hearing was published and posted two
weeks prior to the meeting of July 27, 2021; and
WHEREAS, all property owners adjacent to the proposed vacation were duly
notified by mail; and
WHEREAS, the Council held a public hearing on July 27, 2021 to inform any and all
interested parties relevant to the vacation of a portion of the drainage and utility easement of
10230 28th Ave N; and
WHEREAS, it was determined by the City Council that said drainage and utility easement
is not needed for public purposes; and
WHEREAS, the property owners have agreed to a property lot line adjustment and
adjusting the standard drainage and utility easement to parallel the revised property lines; and
WHEREAS, the property owners will dedicate a revised standard drainage and utility
easement to reflect new property lines; and
WHEREAS, if the property lot line adjustment is not agreed upon by the property owners
of 10230 28th Ave and 2810 Revere Cir N, and filed with Hennepin County, this Vacation
becomes null and void.
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that the following easement be vacated:
Vacating that part of the westerly 6.00 feet of LOT 5, AUDITOR’S SUBDIVISION NO. 333, and that
part of the easterly 10.00 feet of LOT 11, BLOCK 4, TIMBER CREEK, all in Hennepin County,
Minnesota, which lies easterly of a line distant 6.00 feet to the right, as measured at right angle,
from the following described line:
Commencing at the most southerly corner of said Lot 11; thence South 89 degrees 47 minutes 37
seconds East (assuming easterly line of said Lot 11 has a bearing of South 00 degrees 12 minutes
23 seconds West) a distance of 8.50 feet to the point of beginning of the line to be described;
thence returning along last described line North 89 degrees 47 minutes 37 seconds West 8.50
feet; thence North 13 degrees 17 minutes 28 seconds West 62.59 feet; thence North 11 degrees
55 minutes 00 seconds East 36.81 feet; thence North 49 degrees 31 minutes 26 seconds East 29.00
feet and said line there terminating.
BE IT FURTHER RESOLVED that recording of this vacation resolution shall be accomplished with,
but after the recording of the property lot line adjustment shown on the easement vacation
exhibit.
BE IT FURTHER RESOLVED that recording of this vacation resolution shall be accomplished with,
but after to the recording of the revised dedicated drainage and utility easement.
BE IT FURTHER RESOLVED that said 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 maintaining the same or to enter upon such way or portion
thereof vacated to maintain, repair, replace, remove, or otherwise attend thereof.
APPROVED by the City Council on this 27th day of July 2021.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota,
certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on
July 27, 2021 with the original thereof on file in my office, and the same is a correct transcription
thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this ___________day of
__________________, __________.
____________________________________
City Clerk