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HomeMy WebLinkAboutCity Council Resolution 2010-248CITY OF PLYMOUTH RESOLUTION No. 2010-248 A RESOLUTION AUTHORIZING THE VACATION FOR EASEMENTS WITHIN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 04-118-22 FOR THE BENEFIT OF TAYLOR CREEK DEVELOPMENT WHEREAS, a public hearing with respect to said vacation was scheduled for September 14, 2010 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 September 14, 2010; and WHEREAS, all property owners adjacent to the proposed vacation were duly notified by mail; and WHEREAS, the City Council did hold a public hearing on September 14, 2010 to inform any and all interested parties relevant to the vacation of the existing easements; and WHEREAS, Xcel Energy and CenterPoint Energy have no conflict with vacating the existing easements; and WHEREAS, it was determined by City Council that the existing easements are not needed for public purposes; and WHEREAS, standard drainage and utility easements will be dedicated in Taylor Creek plat. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the following drainage/utility, ponding and road easements be vacated: (Parcel A) That part of the North one-half of the Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter of Section 4, Township 118, Range 22, Hennepin County, Minnesota. (Parcel B) And, the Southwest one-quarter of the Southwest one-quarter of Section 4, Township 118, Range 22, Hennepin County, Minnesota except the following two tracts 1.) The North one-half of the Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter of said Section 4. 2.) Southwest one-quarter of the Southwest one-quarter of the Southwest one- quarter of Section 4. Road and Utilitv Easements — Document 44989539 An easement for public ingress and egress, access, road and utility purposes over, under, and across the westerly 40 feet of Parcel A and over, under and across the most westerly 40 feet of Parcel B. Utility and Drainage Easements — Document 44989539 An easement for utility and drainage purposes over, under and across the easterly 10 feet of the westerly 50 feet and over, under, and across the northerly, easterly and southerly 6 feet of Parcel A. An easement of utility and drainage purposes over, under and across the easterly 10 feet of the westerly 50 feet and over, under and across the northerly, easterly, westerly and southerly 6 feet of parcel B. Sanitary Sewer, Drainage Easement — Document 44989539 An easement for drainage and corridor purposes, over that portion of Parcels A and B described as follows: The centerline of said easement being described as commencing at the southwest corner of the Northwest Quarter of the Southwest Quarter of the Southwest Quarter of said Section 4; thence South 89 degrees 45 minutes 09 seconds East, assumed bearing, along the south line of said Northwest Quarter of the Southwest Quarter of the Southwest Quarter, 50.00 feet to the actual point of beginning of the centerline to be described; thence North 167.22 feet; thence North 83 degrees 55 minutes East, 115.60 feet; thence North 39 degrees 48 minutes East, 195 feet; thence North 66 degrees 27 minutes East, 115 feet; thence North 86 degrees 15 minutes East, 185 feet; thence North 47 degrees 39 minutes East, 338.43 feet; thence South 89 degrees 45 minutes East, 307.86 feet; thence South 54 degrees 04 minutes East, 205.79 feet to the east line of the Southwest Quarter of the Southwest Quarter and said centerline there terminating. Ponding and Drainage Easement — Document 44989539 An easement for ponding and drainage purposes over, under and across Parcel B described as follows: Commencing at the northwest corner of the Southwest Quarter of the Southwest Quarter; thence South 89 degrees 45 minutes 09 seconds East, assumed bearing, along the north line of the Southwest Quarter of the Southwest Quarter, 825 feet to the point of beginning; thence South 36 degrees 19 minutes East, 168.08 feet; thence South 89 degrees 45 minutes East, 150 feet; thence North 36 degrees 44 minutes East, 167.92 feet to the north line thereof, thence North 89 degrees 45 minutes 09 seconds West along said north line 349.98 feet to the point of beginning. As described in Document No. 4989539. ROAD VACATION DESCRIPTION — Document 44934433 That part of the Southwest Quarter of the Southwest Quarter of Section 4, Township 118, Range 22, except the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 4, Township 118, Range 22, Hennepin County, Minnesota except the following two tracts 1.) The North Half of the Northwest Quarter of the Southwest Quarter of the Southwest Quarter of said Section 4. 2.) Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 4. Described as the southerly 33 feet thereof, the most westerly 33 feet thereof and the easterly 30 feet thereof for public road purposes as described in Declaration, Document No. 4934433. STORM SEWER UTILITY VACATION DESCRIPTION — Document 44591374 A utility easement for storm sewer purposes, over, across and through that portion of the following described parcel: That part of the Southwest Quarter of the Southwest Quarter of Section 4, Township 118, Range 22, except the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 4, Township 118, Range 22, Hennepin County, Minnesota Lying ten feet on either side of a line described as: Commencing at the intersection of the south property line and the 33 foot road right of way line; thence north along said right of way line a distance of 168 feet to the point of beginning; thence North 80 degrees 00 minutes East a distance of 45 feet and there terminating. FURTHER, 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 there under, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereof. FURTHER, that the recording of this resolution will occur simultaneously with the recording of the Final Plat. Approved this 14th day of September, 2010. 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 September 14, 2010, 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 5th day of October, 2010. Deputy City Clerk