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HomeMy WebLinkAboutResolution - 2005-85 - Execution of Quit Claim Deed to David & Christine Bruns - 07/05/2005 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005-85 RESOLUTION AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED TO DAVID AND CHRISTINE BRUNS FOR THE PURPOSE OF RESOLVING A BOUNDARY LINE DISPUTE WHEREAS, the City of Eden Prairie is the owner of Outlot A, Chatham Wood pursuant to that Warranty Deed dated August 15, 1980 filed as document number 4650976 on June 19, 1981 with the Hennepin County Recorder; and WHEREAS,the underlying legal description of Outlot A, Chatham Wood is: That part of the East 300 feet of the North 580.80 feet of the West Half of the northwest quarter of the northeast Quarter of Section 5, Township 116, Range 22 West of the 5ch Principal Meridian, lying southerly of the center line of Purgatory Creek. WHEREAS, David and Christine Bruns (the "Bruns"), the property owners adjacent to Outlot A, Chatham Wood, filed an Application with the Hennepin County Examiner of Titles to Register Title to the following land: That part of the East 300 feet of the North 580.8 feet of the West Half of the northwest quarter of the northeast Quarter of Section 5, Township 116, Range 22, lying northerly of the center line of Purgatory Creek. WHEREAS,Purgatory Creek is now in a more southerly location than shown on the County Surveyor's Half Section map and on the Chatham Woods plat; and WHEREAS,the City filed an Answer in response to the Bruns' Application stating that the City is the owner of Outlot A, as platted on the Chatham Wood Plat, and that the Applicants have no interest in Outlot A; and WHEREAS,to resolve any dispute over the boundary between the two properties,the City has surveyed the Bruns' property and Outlot A to establish a new boundary line between the Bruns' property and Outlot A; and WHEREAS, to establish the new boundary line between the properties, the Examiner of Titles requires the City to execute a Quit Claim Deed conveying any and all interest north of the new boundary line to the Bruns and the Bruns to execute a Quit Claim Deed conveying any and all interest south of the new boundary line to the City. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. The Quit Claim Deed from the City to David and Christine Bruns is approved. 2. The Mayor and City Manager are hereby authorized to execute the Quit Claim Deed. 3. Upon receipt of the Brun's Quit Claim Deed to the City, the City's legal counsel is authorized to withdraw the City's Answer in the Brun's title registration proceeding. ADOPTED by the Eden Prairie City Council on July 5, 2005. /janc yr n Mayor ATTEST: SEAL Kathl en Porta, City Clerk