HomeMy WebLinkAboutResolution - 81-19 - Eminent Domain Proceedings - Right-of-Way Valley View/Dell IC 51-325 - 01/20/1981 CITY OF EDEN PRAIRIE
HENNEP IN COUNTY , MINNESOTA
RESOLUTION NO . R81-19
RESOLUTION AUTHORIZING AND DIRECTING THE ACQUISITION
OF CERTAIN LANDS BY EMINENT DOMAIN
WHEREAS , the City Council is empowered by Minnesota Statutes
41_2 . 221 , Subdivision 6 , to lay out and open public ways and paths ;
WHEREAS , the City is empowered by Minnesota Statutes 412 . 211
to acquire real property , as the Purposes of the City may require ,
by condemnation ;
WHEREAS , t_he City Council by Resolution No R80-94 on May 20 ,
1980 ordered the construction of improvements known as Valley View
Road and Dell Road, Phase II , Project IC . 51-325 Phase II ;
WHEREAS , the office of the City Engineer has prepared plans and
specifications for the construction of said right-of-way , denoted as
project I . C . 51- 325 Phase II ;
WHEREAS , the City Council by Resolution No. R80-168 on Sept. _2 ,
1980 awarded the contract for said projects to Progressive Contracting;
tivHEREAS , the City has acquired all. necessary easements for said
right-of-way except for that portion described on the attached
Exhibit: A:
WHEREAS , it is necessary , advisable and expedient and in the
public interest to acquire the easements described in Exhibit A as
recommended by the City Engineer for the purpose of such improvement;
NOW, THEREFORE , BE IT RESOLVED by the City Council of the City
of Eden Prairie , Minnesota :
1 . The City shall proceed by eminent domain to acquire title
to the easements described in Exhibit A.
2 . The City attorney is authorized and directed to prepare
petitions and serve notices as required by law and to prosecute
such proceedings to a successful conclusion or until abandoned,
dismissed or terminated by the City or by the court, and the City
attorney , the mayor and the clerk shall do all things necessary in
connection with the commencement, prosecution and successful termina-
tion of such proceedings . It is understood that if the City attorney
can obtain the required easements in writing by negotiation at any
time the said lands shall not be included or shall be dismissed from
said proceedings .
ADOPTED, by the City Council of Eden Prairie this 20th day of
Jan«ary 19 81 _
Wo gang -Wenzel , Mayor
ATTEST :
J Frane , Clerk SEAL
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EASEMENT NO. 20
VALLEY VIEW ROAD PROJECT PHASE II
I . C . 51-325
RCM 791013
ALFRED PAVELKA
A permanent easement for utility installation and maintenance purposes
over, under and across that part of the East Half (E';) of the Northeast
Quarter (NEB) of Section 7 , Township 116 North, Range 22 West of the
5th principal meridian , Hennepin County, Minnesota , lying North of the
abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Company
right-of-way described as follows :
Beginning at the Southwest corner of the above described property; thence '
North, along the West line of said East Half (E;-:.) of the Northwest Quarter
(NE%;) a distance of 150. 00 feet; thence East , at a right angle to the
last described course, a distance of 10. 00 feet; thence South , at a right
angle to the last described course, to the North line of said abandoned
Chicago , Mi lvraukee , St . Paul and Pacific Railroad Company right-of-way;
thence West, along the North line of said abandoned Chicago , Milwaukee,
St. Paul and Pacific Railroad Company right-of.-way to the point of beginning .
Together with a temporary easement for uti 1 i ty construction purposes over,
under and across the first above described property. Said easement is
described as follows:
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The Easterly 25. 00 feet of the Westerly 35 . 00 feet of the Southerly 150. 00
feet as measured at a right angle to and parallel with the West line of
said East Half ( E'2) of the Northeast Quarter (NE'Q of Section 7 .
Together with a temporary easement for street and utility construction
purposes over, under and across the first above described property. Said
easement i s described as follows :
Beginning at a point on the West line of said East Half (E l-w.�) of the Northeast
Quarter (NE'-n) of Section 7, said point being 30 .00 feet North of, as measured
at a right angle to, the North line of said abandoned Chicago , Milwaukee,
St. Paul and Pacific Railroad Company right-of-way; thence East , parallel
with and 30.00 feet North of said North line of the abandoned Chicago,
Milwaukee , St. Paul and Pacific Railroad Company right-of-way, a distance
of 800. 00 feet ; thence South, at a right angle to the last described course,
a distance of 20. 00 feet; thence East, at a right angle to the last described
course, to the East line of said East Half (E'?) of the Northeast Quarter
(NE'a) of Section 7 ; thence South , along the East line of said East Half (E'- )
of the Northeast Quarter (NE-4) of Section 7 , to the North line of said
abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Company right-
of-way; thence West, along the North line of said abandoned Chicago , Milwaukee,
St. Paul and Pacific Railroad Company right-of-way, to the West line of said
East Half (F ) of the Northeast Quarter (NE14) of Section 7 ; thence North, along
the West 1 ine of said East Hal f (E'- ) of the Northeast Quarter (NE4) of Section 7 , !
to the point of beginning . `
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Said temporary easements to expire on or before December 31 , 1981 .
Said temporary easements containing 32, 650 sq . ft. more or less
Said permanent easement containing 1 ,500 sq . ft. more or less.
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REGISTERED UNDER TH E LAWS OF CHECK carrot!
'4F STATE OF N41NNESOTA muller
associates inc
SURVEY architects FILE NO.
BY
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land surveyors
DATE•--_--_---._REGISTRATION NO.--- planners
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EASEMENT NO. 21
VALLEY V I E14 ROAD PROJECT PHASE 1 I
I .C. 51-325
RCM 791013
ALFRED PAVELK.A
A permanent easement for street and utility installation and maintenance
purposes over, under and across that part of the South Half (S 2) of the
North 35 acres of the Northwest Quarter (NW;a) of the Northwest Quarter
(NWT) of Section 8, Township 116 North, Range 22 West of the 4th Principal
Meridian, Hennepin County, Minnesota , lying North of the existing and
abandoned rights-of-way of the Chicago, Milwaukee , St. Paul and Pacific
Railroad Company described as follows :
Beginning at the point of intersection of the North line of the abandoned
Chicago, Milwaukee, St. Paul and Pacific Railroad Company right-of-way and
the North line of the existing Chicago, Milwaukee, St. Paul and Pacific
Railroad Company right-of-way; thence on an assumed bearing of South
88 degrees 32 minutes 32 seconds West, along said North line of the
abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Company right-
of-way, a distance of 172 . 30 feet; thence North 61 degrees 37 minutes
30 seconds East a distance of 210. 00 feet; thence North 25 degrees 17 minutes
53 seconds East a distance of 167 . 64 feet more or less to the West right-
of-way line of Duck Lake Road; thence South along said West right-of-way
line to the North line of the existing Chicago, Milwaukee , St . Paul and
Pacific Railroad Company right-of-way; thence 1,4est along said north line
of the existing Chicago. Milwaukee , St. Paul and Pacific Railroad Company
right-,.of-way, to the point of beginning .
Together with a temporary easement for street and utility construction
purposes over, under and across the first above described property. Said
temporary easement being described as follows :
Commencing at the point of intersection of the North "line of the abandoned
Chicago , Milwaukee, St. Paul and Pacific Railroad Company right-of-way and
the North line of the existing Chicago, Milwaukee, St. Paul and Pacific
Railroad Company right-of-way; thence on an assumed bearing of South 88 degrees
32 minutes 32 seconds West, along said North line of the abandoned Chicago,
Milwaukee, St. Paul and Pacific Railroad Company right-of-way, a distance of
172.30 feet to the point of beginning; thence North 61 degrees 37 minutes
30 seconds East a distance of 210. 00 feet; thence North 25 degrees 17 minutes
53 seconds East a distance of 167 . 64 feet more or less to the West right-of-
way 1 ine of Duck Lake Road; thence North, along said West right-of-way 1 ine,
a distance of 34. 08 feet; thence South 25 degrees 17 minutes 53 seconds West
a distance of 178.00 feet; thence South 61 degrees 37 minutes 30 seconds West
a distance of 185.06 feet to a point on a line being 35. 00 feet North of and
parallel with the North line of said abandoned Chicago , Milwaukee, St. Paul
and Pacific Railroad Company right-of-way; thence South 88 degrees 32 minutes
32 seconds West, along said parallel line, a distance of 440. 00 feet; thence
South '1 degree 27 minutes 28 seconds East a distance of 35 .00 feet to the
North line of said abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad
Company right-of-way; thence North 88 degrees 32 minutes 32 seconds East ,
along said North line , to the point of beginning.
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Together with a temporary easement for street and utility construction
purposes over, under and across the first above described property.
Said temporary easement being the South 40.00 feet of the West 350.00
feet as mentioned at a right angle to and parallel with the North line
of said abandoned Chicago , Milwaukee , St . Paul and Pacific Railroad
Company right-of-way.
Said temporary easements to expire on or before December 31 , 1981 .
Said temporary easements containing 38,175 sq. ft. more or less .
Said permanent easement containing 19,425 sq. ft. more or less.
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I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR DRAWN DRAWING
REPORT WAS PREPARED BY ME OR UNDER MY NUMBER
DIRECT SUPERVISION AND THAT I AM A DULY risks
^FGISTERED UNDERTHELAWSO CHECKcarroll
E STATE OF MINNESOTA muller
L associates inc
SURVEY FILE NO.
BY architects
engineers 91-I1015
REGISTRATION NO.—_—_ land Surveyors
DATE: planners P4{A F- 11
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DELI_ ROAD
A 100 foot permanent easement for pub! i c right-of-way purposes over, under
and across the following described property:
The North Half (N-2) of the Northwest Quarter ( NW'4) of Section 7 , Township 116
North, Range 22 West of the 51-.-h Principal Meridian.
The center line of said easement is described as follows:
Beginning at the intersection of the south line of the North Half (N'z) of the
Northwest Quarter ( NWQ of said Section 7 with the center line of Dell Road as
dedicated in the recorded plat of Hidden Ponds Second Addition ; thence
northerly a distance of 37 . 13 feet alono a curve concave to the west, having
a radius of 818 . 51 feet, a central angle of 2 degrees 35 minutes 56 seconds ,
and the chord of said curve bears north 3 degrees 26 minutes 58 seconds east
(assurning the south 1 ine of the North Half (N3 ) of the Northwest Quarter (NW14)
of said Section 7 has a bearing of north 89 degrees 44 minutes 44 seconds
east) ; thence north 2 degrees 09 minutes 00 seconds east, tangent to said curve ,
a distance of: 321 . 00 feet; thence northerly a distance of 269 . 83 feet along a
tangential curve, concave to the east, having a radius of 3092 . 00 feet and a
central angle of 5 degrees 00 n:i nutes 00 seconds; thence north 7 degrees
09 minutes 00 seconds east , tangent to said curve, a distance of 241 . 02 feet to
the south line of Dell Road as dedicated in the recorded plat of Maple Leaf'
Acres 5th Addition , and said center line there terminating.
Together with a 10. 00 foot temporary construction easement for street and
utility installation purposes over, under and across the first above described
property. Said temporary construction easement being a strip of land 10. 00
feet in width lying easterly of and adjoining the above described 100. 00 foot
strip .
Together with a 10. 00 foot temporary construction easement for street and utility
installation purposes over, under and across the first above described property.
Said temporary construction easement being a strip of land 10. 00 feet in width
lying westerly of and adjoining the above described 100. 00 foot strip and lying
between the south line of the North Half (N,) of the Northwest Quarter (NW%) of
said Section 7 and a line- drawn at a right angle to said center line from a point
thereon distant 253 . 13 feet north of the south line of the North Half (N2) of
the Northwest Quarter (NW'4) of said Section 7 , as measured along said center line.
Said temporary construction easements to expire on or before December 31 , 1982 .
Said temporary construction easements containing 11 , 180 sq . ft. more or less .
Said permanent easement containing 86,900 sq. ft . more or less .
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VALLEY VIEW ROAD
A 70. 00 foot permanent easement for public right-of-way purposes over,
under and across the following described property:
The North Half (N',) of the North,:iest Quarter (N':!':,) of Section 7 ,
Tovrnsr;ip 116 North , Range 22 West of the 5th Principal Meridian .
The center line of said easement is described as follows_
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Beginning at the intersection of the east line of Hidden Ponds Second Addition ,
according to the recorded plat thereof, with the center line of Valley View
Road as dedicated in said addition ; thence north 89 degrees 44 minutes
44 seconds east, assumed bearing , along the extension of said center line a
distance of 50.00 feet ; thence easterly a distance of 193. 09 feet along a
tangential curve, concave to the southwest, having a radius of 301 . 01 feet
and a central angle of 36 degrees 45 minutes 16 seconds; thence south 53 degrees
30 minutes 00 seconds east, tangent to said curve, a d istance of 50 . 00 feet ; thence
easterly a distance of 157 . 19 feet along a tangential curve , concave to the
northeast, having a radius of 262 . 20 Feet and a central angle of 34 degrees
21 minutes 00 seconds ; thence south 87 degrees 51 minutes 00 seconds east ,
tangent to last described curve , a distance of 243 .83 feet; thence easterly
a distance of 2.39. 02 feet along a tangential curve , concave to the southwest ,
having a radius of 330. 66 feet and a central angle of 41 degrees 25 minutes
00 seconds ; thence south 46 degrees 26 minutes 00 seconds east, tangent to last
described curve, a distance of 53 . 31 feet ; thence southeasterly a distance of
97 .45 feet along a tangential curve , concave to the northeast, having a radius
of 300. 00 feet and a central angle of 18 degrees 36 minutes 41 seconds to a
point of compound curve; thence easterly a distance of 264 . 48 feet along said
compound curve having a radius of 600.00 feet and a central angle of 25 degrees
15 minutes 22 seconds to the east line of the East Half ( E'---Z) of the Northwest
Quarter (NW14) of said Section 7 and said center line there terminating .
The side lines of said easement are to be prolonged or, shortened to terminate
on the south line of the North Half ( N`-z) of the Northwest Quarter (NW'-.;) of said
Section 7 and the east line of the East Half ( E`2-) of the Northwest Quarter (N64'Q
of said Section 7 .
Together with a 10. 00 foot permanent easement for utility, drainage and walkway
construction and maintenance purposes over, under and across the first above
described property. Said permanent easement being a strip of land 10.00 feet in
width lying southerly of and adjoining the above described 70.00 foot strip. The
side 1 ines of said easement are to be prolonged or shortened to terminate on the
south line of the North Half (N z) of the North%-4est Quarter (NW',) of said Section 7 .
Together with a 20 . 00 foot temporary construction easement for street and utility
installation purposes over, under and across the first above described property.
Said temporary construction easement being the southerly 20. 00 feet of a strip
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Val ley V Road
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of land 30.00 feet in width lying southerly of and adjoining the above
described 70.00 foot stri p and lying between the east 1 ine of said Hidden
Ponds Second Addition and a line drawn at a right angle to said center line
from a point thereon distant 243 . 09 feet east of the east 1 ine of said
Hidden Ponds Second Addition as measured along said center line.
Together with a 50. 00 foot temporary construction easement for street and
utility installation purposes over , under and across the first above described
property. Said temporary construction easeinent being the southerly 50.00 feet
of a strip of land 60 . 00 feet in width lying southerly of and adjoining the
above described 70. 00 foot strip and lying between a line drawn at a right
angle to said center line from a point thereon distant 243. 09 feet east of the
east line of said Hidden Ponds Second Addition , as - measured along said center
line, to a line drawn at a right angle to said center line from a point
thereon distant 575. 53 feet east of the east line of said Hidden Ponds Second
Addition as Treasured along said center i i ne.
Together with a 15 .00 foot temporary construction easement for street and utility
instal i a tion our poses over , under and across the first above described property.
Said temporary construction easement being the southerly 15 .00 feet of a strip
of land 25.00 feet in width lying southerly of and adjoining the above described
70. 00 foot strip and lying between a line drawn at a right angle to said center
line from a point thereon distant 575. 53 feet east of the east line of said Hidden
Ponds Second Addition , as measured along said center line , to a line drawn at
a right angle to said center line from a point thereon distant 1083 .89 feet east
of the east line of said Hidden Ponds Second Addition as measured along said
center 1 ine. The side lines of said easement are to be prolonged or shortened
to terminate on the south 1 ine of the North Hal f (Nt�) of the Northwest Quarter
(NW14) of said Section 7 .
Together with a 25. 00 foot temporary construction easement for street and utility
installation purposes over , under and across the first above described property.
Said temporary construction easement being a strip of land 25.00 feet in width
lying northerly of and adjoining the above described 70. 00 foot strip and lying
between the easterly line of Maple Leaf Acres 7th Addition , according to the
recorded plat thereof, and the east line of the East Half (E!z) of the Northwest
Quarter- (Nl414-) of said Section 7 .
Said temporary easements to expire on or before December 31 ,1982.
Said temporary easements containing 49,500 sq. ft. more or -less .
Said permanent easements containing 94 ,030 sq. ft. more or less.
LOT 6 BLOCK I
MAPLE LEAF ACRES 7TH ADDITION
A temporary construction easement for street and uti 1 i ty con-
struction purposes over, under and across that portion of Lot 6,
Block 1 , Maple Leaf Acres 7th Addition, according to the recorded
plat thereof, lying south of a line 20.00 feet north of, measured
at a right angle to and parallel with the most southerly line of
said Lot 6 .
Said temporary construction easement to expire on or before
December 31 , 1982 .
Said temporary construction easement containing 2650 square feet
more or less .
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LOT 7 BLOCK 1
MAPLE LEAF ACRES 7TH ADDITION
A temporary construction easement for street and utility
construction purposes over, under and across that portion
of Lot 7, Block 1 , Maple Leaf Acres 7th Addition , according
to the recorded plat thereof, lying south of a line 20. 00
feet north• of, measured at a right angle to and parallel
with the most southerly line of said Lot 7 .
Said temporary construction easement to expire on or before
December 31 , 1982 .
Said temporary construction easement containing- 3060 sq . ft.
more or less .
LOT 8 BILOCK 1
MAPLE LEAF ACRES 7TH ADDITION
A temporary construction easement for street and utility
construction purposes over , under and across that portion of
Lot 8 , Block 1 , Maple Leaf Acres 7th Addition, according to
the recorded plat thereof, lying . south of a line 20.00 feet
north of, measured at a right angle to and parallel with the
most southeriv line of said Lot 8.
Together with a temporary construction easement for street and
utility construction purposes over, under and across the first
above described property . Said temporary construction easement
lying east of a line 10. 00 feet west of, measured at a right
angle to and parallel with the most easterly line of said
Lot 8.
Said temporary construction easements to expire on or before
December 31 , 1982 .
Said temporary construction easements containing 4680 sq . ft .
more or less .
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LOT 9 BLOCK 1
MAPLE LEAF ACRES 7TH ADDITION
A temporary construction easement for street and utility
construction purposes over, under and across that portion
of Lot 9 , Block 1 , Maple Leaf Acres 7th Addition , according
to the recorded plat thereof, lying east of a line 10. 00
feet west of, measured at a right angle to and parallel
with the most easterly line of said Lot 9.
Said temporary construction easement to expire on or before
December 31 , 1982..
Said temporary construction easement containing 1875 sq . ft.
more or less .
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LOT 10 BLOCK 1
MAPLE LEAF ACRES 7TH ADDITION
A temporary construction easement for street and utility
construction purposes over , under and across that portion
of Lot 10, Block 1 , Maple Leaf Acres 7th Addition , according
to the recorded plat thereof described as follows : Beginning
at the most easterly corner of said Lot 10; thence south-
westerly, along the southeast line of said Lot 10, a distance
of 11 . 14 feet; thence northerly a distance of 12 .52 feet to a
point on the northeast line of said Lot 10, said point being
16. 02 feet north�-resterly of said east corner of said Lot 10;
thence southeasterly , along said northeast line , a distance
of 16 . 02 feet to the point of beginning .
Said temporary construction easement to expire on or before
December 31 , 1982.
Said temporary construction easernent containing 90 sq. ft.
more or less .
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LOT 13 BLOCK 1
MAPLE LEAF ACRES 7TH ADDITION
A temporary construction easement for street and utility
construction purposes over , under and across that portion
of Lot 13, Block 1 , Maple Leaf Acres 7th Addition , according
to the recorded plat thereof, lying east of a line 10. 00
feet west, of, measured at a right angle to and parallel
with the most easterly line of said Lot 13.
Said temporary construction easement to expire on or before
Decemb er 31, 1982 . -
Said temporary construction easement containing 1940 sq . ft.more or less .
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LOT 14 Block 1
MAPLE LEAF ACRES 7TH ADDITION
A temporary construction easement for street and utility
construction purposes over, under and across that portion
of Lot 14, Block 1 , Maple Leaf Acres 7th Addition , according
to the recorded plat thereof, lying east of a line 10.00
feet west of, measured at a right angle to and parallel
with the most easterly line of said Lot 14.
Said temporary construction easement to expire on or before
Dec`mber 31 , 1982 .
Said temporary construction easement containing 1340 sq . ft.
more or less .
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LOT 3 BLOCK 3
MAPLE LEAF ACRES 5TH ADDITION
A temporary construction easement for street and util ity
construction purposes over, under and across that portion
of Lot 3 , Block 3, Maple Leaf Acres 5th Addition , according
to the recorded plat thereof , lying east of a line 10.00
feet west of, measured at a right angle to and parallel
wi th the most easterly 1 ine of said Lot 3.
Said temporary construction easement to expire on or before
December 31 , 1982.
Said temporary construction easement containing 1335 sq . ft .
more or less.
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LOT 12 BLOCK 2
MAPLE LEAF ACRES 5TN ADDITION
A temporary construction easefn.ent for street and utility
construction purposes over, under and across that portion
of Lot 12 , Block 2, Maple Leaf Acres 5th Addition, according
to the recorded plat thereof, lying east of a line 10. 00
feet west of, measured at a right angle to and parallel
with, the most easterly line of said Lot 12 .
Said temporary construction easement to expire on or before
December 31 , 1982 .
Said te,npor•ary construction easeient containing 1430 sq. ft.
more or less .
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LOT 7 BLOCK 2
MAPLE LEAF ACRES 5TH ADDITION
A terporary construction easement for street and utility
construction purposes over , under and across that portion
of Lot 7 , Block 2, Maple Leaf Acres 5th Addition, accorcli ng
to the recorded plat thereof, lying east of a line 10. 00
feet west of, measured at a right angle to and parallel
with, the most easterly line of said Lot 7 .
Said temporary construction easement to expire on or before
December 31 , 1982 .
Said temporary construction easement containing 14010 sq. ft.
more or less .
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i LOT 6 BLOCK 2
! t4APL.E LEAF ACRES 5TH ADDITION
A temporary construction easement for street and utility
construction purposes over , under and across that portion
of Lot 6, Block 2 , Maple Leaf Acres 5th Addition , according
to the recorded plat thereof, described as follows : Said
temporary construction easement being the easterly 10. 00
feet of the southerly 75.00 feet of said Lot 6 as measured
at a right angle to and parallel with the east line of said
Lot 6.
Said temporary construction easement to expire on or before
December 31 , 1982.
Said temporary construction easement containing 750 sq . ft.
more or leis .
MAPLE LEAF ACRES 5TH ADDITION
A 15 .00 foot temporary construction easement for street and
utility construction purposes over; under and across Nlaple
Leaf Acres 5th Addition according to the recorded plat thereof.
The center line of said easement is described as follows :
Commencing at the southeast corner of Dell Road, as dedicated
in said Maple Leaf Acres 5th Addition ; thence east, at right
angles to the east line of said Dell Road a distance of 7 . 50
feet to the beginning of the center line to be described ; thence
north, parallel with the east line of said Dell Road , a distance
of 581 . 28 feet and said center- line there terminating .
Said temporary construction easement to expire on or before
December 31 , 1982 .
Said temporary construction easement containing 8720 sq. ft.
more or less .
` Resolution No. R81- -lg
1. A public hearing shall be held on the 17th day of February,
1981 , at the Eden Prairie Ci tv laal l to consider the
vacation of said Plaza Drive and said easement.
2. The City Clerk shall give proper legal notice of such
hearing as required by law (2 weeks published and posted
notice. )
ADOPTED by the Eden Prairie City Council on January 20, 1981 .
Wol gang P` zel , Mayor
ATTEST: SEAL
John Frane , Clerk
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