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HomeMy WebLinkAboutResolution - 95-127 - Correction of Legal Description in Resolution 94-189 Technology Drive - 07/11/1995 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 95- 9 5 - 1 2 7 VACATION OF EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY AND CORRECTION OF DESCRIPTION OF EASEMENT VACATION AND RECISION OF INCORRECT DESCRIPTION OF VACATED ROAD RIGHT-OF-WAY WHEREAS, the Council of the City Eden Prairie adopted Resolution 94-189 on November 15, 1994 recorded in the Office of the County Recorder as document number 6370506 on December 1, 1994, revised and recorded as document number 6419205 on April 21, 1995 and recorded in the Office of the Registrar of Titles as document number 2603442 on April 21, 1995, and WHEREAS, Resolution 94-189 contained incorrect descriptions of the right-of-way vacated, and WHEREAS, it was and is the intention of the Council of the City of Eden Prairie to vacate the road right-of-way described as follows: That part of Technology Drive dedicated in the plat of Eaton Industrial Addition as recorded in the Office of the Registrar of Titles, Hennepin County, Minnesota, lying westerly of the Southerly extension of a line parallel with and 160 feet westerly of the East line of Lot 2 of said addition, the said description being hereafter referred to as the "corrected description", and WHEREAS, a public hearing was held on November 15, 1994 after due notice was given as required by law; and WHEREAS, it has been determined that the public road right-of-way encompassed in the corrected description does not serve a public function and therefore can be vacated, and WHEREAS, public and private utilities have been installed and are presently operated and maintained within the right-of-way, an easement allowing governmental and utility company personnel and equipment to enter upon the vacated right-of-way to maintain or construct additional facilities needs to be retained. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCII,OF THE CITY OF EDEN PRAIRIE AS FOLLOWS: 1. The public road right-of-way described in the corrected description is hereby vacated except and subject to drainage and utility easements over the entire vacated parcel. 2. This resolution replaces and supersedes Resolution No. 94-189 in its entirety. 3. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on July 11, 1995. J an L. Harris, Mayor ATTEST: SEAL JW D. Fra , City Clerk