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HomeMy WebLinkAboutResolution - 2023-97 - Drainage and utility easement vacating part of L1, B1, Menard 8th Addition - 10/03/2023CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-97 VACATION OF PART OF THE DRAINAGE AND UTILTY EASEMENTS LYING OVER, UNDER, AND ACROSS LOT 1, BLOCK 1, MENARD 8TH ADDITION VACATION 23-04 WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: A drainage and utility easement across part of Lot 1, Block 1, Menard 8th Addition, according to the recorded plat thereof, Hennepin County, Minnesota and more particularly described as follows: Commencing at the most Southerly corner of Lot 1 in Block 1 of Menard 5th Addition; thence South 03 degrees 30 minutes 21 seconds East a distance of 53.87 feet to a Northeasterly line of an existing drainage and utility easement per Menard 8th Addition and being the Point of Beginning; thence South 11 degrees 04 minutes 30 seconds East a distance of 36.87 feet to a Southwesterly line of an existing drainage and utility easement per Menard 8th Addition; thence North 43 degrees 55 minutes 26 seconds West along said Southwesterly line a distance of 124.56 feet; thence North 72 degrees 39 minutes 33 seconds East a distance of 22.36 feet to said Northeasterly line; thence South 43 degrees 55 minutes 26 seconds East a distance of 83.58 feet along said Northeasterly line to the Point of Beginning, and there terminating. WHEREAS, a Public Hearing was held on October 3, 2023, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described drainage and utility easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until a new drainage and utility easement document has been conveyed to the City and recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the easement document has been recorded. ADOPTED by the Eden Prairie City Council on October 3, 2023. Ronald A. Case, Mayor ATTEST: