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HomeMy WebLinkAboutCity Council Resolution 2013-140CITY OF PLYMOUTH RESOLUTION No. 2013-140 A RESOLUTION APPROVING THE VACATION OF A SANITARY EASEMENT WITHIN THE SOUTHWEST QUARTER OF SECTION 28 AND THE NORTHWEST QUARTER OF SECTION 33 ALL IN TOWNSHIP 118, RANGE22 WHEREAS, a public hearing with respect to said vacation was scheduled for May 14, 2013 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 May 14, 2013; and WHEREAS, the City Council did hold a public hearing on May 14, 2013, to inform any and all interested parties relevant to the vacation of a sanitary sewer easement within the Southwest Quarter of Section 28 and the Northwest Quarter of Section 33 all in Township 118, Range 22; and WHEREAS, it was determined by the City Council that said easement is not needed for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the sanitary sewer easement described as follows be vacated: Sanitary Sewer Easement Description A 20 foot strip of land, the center -line of which is described as follows: Commencing at the Northwest corner of Section 33, Township 118 North Range 22 West; thence Southerly along the West line of said Section 33 a distance of 10 feet; thence Easterly deflecting to the left 90 degrees 0 minutes 22 seconds a distance of 1246.98 feet and there terminating. Parcel Descriptions Par 1: That part of Government Lot 4, Section 28, Township 118, Range 22 lying Southerly of the line designated "survey line" on the plat of Hennepin County State Aid Highway No. 6 Plat 5 which lies Westerly of the center line of the 66 foot wide right of way of Shenandoah Lane, said center line is described as follows: Commencing at the Southwest corner of said Section 28; thence on an assumed bearing of South 88 degrees 55 minutes 08 seconds East, along the South line of said Section a distance of 1228.98 feet to the beginning of the center line to be described; thence North 12 degrees 37 minutes 44 seconds West a distance of 638.89 feet; thence Northerly a distance of 342.08 feet along a tangential curve concave to the East having a radius of 4878.93 feet and a central angle of 4 degrees 01 minute and 02 seconds; thence North 8 degrees 36 minutes 42 seconds West, tangent to said curve a distance of 17634 feet to the intersection with the above-mentioned "survey line" and there terminating. Par 2: Those parts of the following described tracts of land: All that part of Government Lot 1 of Section 33, Township 118, Range 22 described as follows: Commencing at the Northwest corner thereof, thence South on the West line thereof to the Southwest corner thereof, thence East along the South line thereof 1272 feet more or less to the Northeast corner of the Southwest Quarter of the Northwest Quarter of Section 33; thence North at right angles 732 feet; thence East at right angles 520 feet more or less to Parker's Lake; thence Northwesterly along the shore of said Lake to the North line of said Lot; thence West along the North line thereof to point of beginning; and Beginning at the Northwest corner of the Southeast Quarter of the Northwest Quarter of Section 33, Township 118 North Range 22 West; thence East along the North line of said tract 532 feet; thence North 24 degrees and 5 minutes East 110.5 feet to the point of beginning of the land to be hereinafter described; thence North 24 degrees and 5 minutes East to the shore of Parker Lake; thence Northwesterly along the shore of said Lake to a point due East of a point 732 feet North of said Northwest corner of said Southeast Quarter of the Northwest Quarter of said Section 33 which said point on the West shore of said Parker Lake is described in the deed recorded in the office of the Register of Deeds in and for said Hennepin County in Book 231 of Deeds, page 55 as marked on a dead Elm tree and a fence in said Section; thence Westerly and parallel to the North boundary line of the Northeast Quarter of the Southwest Quarter of said Section, 510 feet more or less to said point distant 732 feet North of said Northwest corner of said Southeast Quarter of the Northwest Quarter of said Section; thence South 647 feet to a point 85 feet North of said Northwest corner of said tract; thence Easterly to the place of beginning; which lie Westerly of the center line of the 66 foot wide right-of-way of Shenandoah Lane, said center line is described as follows: Commencing at the Northwest corner of said Section 33; thence on an assumed bearing of South 88 degrees 55 minutes 08 seconds East along the North line of said Section 33 a distance of 1228.98 feet to the beginning of the center line to be described; thence South 12 degrees 37 minutes 44 seconds East a distance of 30.87 feet; thence Southeasterly a distance of 377.54 feet along a tangential curve concave to the Northeast having a radius of 1145.92 feet and a central angle of 18 degrees 52 minutes 38 seconds; thence South 31 degrees 30 minutes 22 seconds East, tangent to said curve, a distance of 144.55 feet; thence Southeasterly a distance of 174.44 feet along a tangential curve concave to the Southwest having a radius of 954.93 feet and a central angle of 10 degrees 28 minutes 00 seconds; thence South 21 degrees 02 minutes 22 seconds East, tangent to said curve, a distance of 149.01 feet; thence Southeasterly a distance of 180.00 feet along a tangential curve concave to the Southwest having a radius of 1432.40 feet and a central angle of 7 degrees 12 minutes 00 seconds; thence South 13 degrees 50 minutes 22 seconds East, tangent to said curve, a distance of 400 feet and said center line there terminating. FURTHER, that said vacation shall not effect 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. FURTHER, that it is not in the public interest to vacate that part of the sanitary sewer easement within the public right-of-ways of Vicksburg Lane No. and Shenandoah Lane No. and they shall be retained by the City. FURTHER, that the recording of this resolution shall be accomplished immediately prior to, but with the recording of the sanitary sewer easement from Hennepin County. Approved this 14th day of May, 2013. 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 May 14, 2013, 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