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HomeMy WebLinkAboutCity Council Resolution 2021-353 C ITY OF P LYMOUTH R ESOLUTION N O. 2021-353 R ESOLUTION A PPROVING THE T ERMINATION OF R AIN G ARDEN A GREEMENT AND V ACATION E ASEMENT FOR 3755 D UNKIRK L ANE N ORTH WHEREAS, a public hearing with respect to said vacation was scheduled for December 14, 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 10 days prior to the meeting of December 14, 2021; and WHEREAS, the Vacation is a result of proposed Final Plat for the proposed Parkera development; and WHEREAS, all property owners adjacent to the proposed vacation were duly notified by mail; and WHEREAS, the Council held a public hearing on December 14, 2021 to inform any and all interested parties relevant to the termination and vacation of rain garden agreement and easement for 3755 Dunkirk Lane North; and WHEREAS, it was determined by the City Council that said right of way is not needed for public purposes; and WHEREAS, the Proposed Parkera Development will dissolve the existing easement and agreement, and create new easements and agreements to maintain the City’s needs. NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the following agreement and easement to be vacated: Easement Vacation Description That part of Lot 1, Block 1, PLYMOUTH PRESBYTERIAN CHURCH, according to the recorded plat thereof, Hennepin County, Minnesota, lying northerly, westerly and northwesterly of the following described line: Commencing at the most southerly comer of said Lot 1, Block 1; thence North 00 degrees 02 minutes 40 seconds West, assumed bearing, along the westerly line of said Lot 1, a distance of 41.40 feet; thence northwesterly along said westerly line, along a 50.00 foot radius tangential curve, concave to the southwest, central angle 71 degrees 20 minutes 00 seconds a distance of 62.25 feet; thence North 00 degrees 02 minutes 40 seconds West, along said westerly line, 403.55 feet to the point of beginning of the line to be described; thence North 89 degrees 57 minutes 20 seconds East, 25.00 feet; thence North 00 degrees 02 minutes 40 seconds West, 275.73 feet; thence North 59 degrees 24 minutes 18 seconds East, 98.84 feet, to the northeasterly line of said Lot 1, and there terminating. Resolution No. 2021-353 Page 2 of 2 BE IT FURTHER RESOLVED that recording of this vacation resolution shall be accomplished with, but prior to the recording of the revised plat. 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. BE IT FURTHER RESOLVED that the Rain Garden Agreement to the City’s benefit and recorded as Document No. 8803903 at the Office of the County Recorder for Hennepin County, Minnesota is hereby terminated. APPROVED by the City Council on this 14th day of December 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 December 14, 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 __________________, __________. ____________________________________ Jodi M. Gallup, City Clerk