HomeMy WebLinkAboutResolution - 2007-91 - Vacation 07-03 - 09/04/2007 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-91
VACATION OF THE PUBLIC RIGHT-OF-WAY EASEMENT AND SLOPE
EASEMENT OVER PART OF EDEN ROAD
VACATION 07-03
WHEREAS, the City of Eden Prairie has (a) certain right-of-way and slope easements
described as follows:
PARCEL 1
That part of Eden Road, formerly known as Town Road, lying within the South Half of
Section 14, Township 116, Range 22, Hennepin County, Minnesota and lying northeasterly,
northerly and northwesterly of the following described line:
Commencing at the northeast corner of the Southwest Quarter of Section 14, Township
116, Range 22; thence South 88 degrees 27 minutes 05 seconds West, assumed bearing,
along the north line of said southwest quarter a distance of 138.90 feet to the intersection
with the northerly right of way line of Regional Center Road and the actual point of
beginning of the line to be described; thence South 70 degrees 52 minutes 37 seconds
East a distance of 20.24 feet; thence southeasterly a distance of 83.53 feet along a non-
tangential curve concave to the southwest having a radius of 454.18, a central angle of
10 degrees 32 minutes 13 seconds and a chord bearing of South 29 degrees 02 minutes
06 seconds; thence continuing southeasterly a distance of 36.17 feet along a tangential
reverse curve concave to the northeast having a radius of 51.83 feet and a central angle
of 39 degrees 59 minutes 09 seconds; thence northeasterly a distance of 14.44 feet along
a tangential compound curve concave to the north having a radius of 15.00 feet and a
central angle of 55 degrees 09 minutes and 37 seconds; thence North 41 degrees 02
minutes 26 seconds East tangent to the last described curve a distance of 27.28 feet to
the intersection of the easterly right of way line of Eden Road with the northwesterly
right of way of Flying Cloud Drive and there terminating.
PARCEL 2
That part of Eden Road (formerly Town Road as shown on the plat of Auditor's Subdivision
Number 335), in the NE1/4 Section 14-T116-R22, Hennepin County, Minnesota, lying
southerly of the following described line:
Commencing at the intersection of the south line of Tract C, Registered Land Survey
No. 687, Files of the Registrar of Titles, County of Hennepin, Minnesota and the west
line of the East 33 feet of said Tract C; thence on an assumed bearing of North along
said west line, a distance of 56.38 feet to the actual point of beginning of the line to be
described; thence deflecting to the right (as measured from north to east) 88 degrees 59
minutes 00 seconds a distance of 66.01 feet to a point on the easterly right of way line of
said Eden Road and said line there terminating.
PARCEL 3
That part of Eden Road(formerly Town Road as shown on Registered Land Survey No. 687),
in Tracts C and D, Registered Land Survey No. 687, Files of the Registrar of Titles, County of
Hennepin, Minnesota, lying southerly of the following described line:
Commencing at the intersection of the south line of said Tract C and the west line of the
East 33 feet of said Tract C; thence on an assumed bearing of North along said west line,
a distance of 56.38 feet to the actual point of beginning of the line to be described;
thence deflecting to the right (as measured from north to east) 88 degrees 59 minutes 00
seconds a distance of 66.01 feet to a point on the easterly right of way line of said Eden
Road and said line there terminating.
PARCEL 4 per Document No. 1176093
That part of Eden Road, formerly known as Town Road, being that part Tract D, Registered
Land Survey No. 687, Files of Registrar of Titles, County of Hennepin, Minnesota,which lies
southeasterly of a line run parallel with and distant 33 feet northwesterly of Line 1 described
below:
Line 1. From a point on the east and west quarter line of Section 14, Township 116
North, Range 22 West, distant 2557.59 feet west of the east quarter corner thereof,run
southwesterly at an angle of 45 degrees 57 minutes 00 seconds from said east and west
quarter line (measured from west to south) for 192.54 feet to the point of beginning of
Line 1 to be described; thence deflect to the right at an angle of 87 degrees 05 minutes
48 seconds for 80.50 feet; thence deflect to the right on a tangential curve having a
radius of 60 feet and a delta angle of 91 degrees 30 minutes 00 seconds for 95.82 feet;
thence on tangent to said curve for 74.79 feet; thence deflect to the left on a tangential
curve having a radius of 125 feet and a delta angle of 39 degrees 13 minutes 19 seconds
for 85.57 feet; thence on tangent to said curve for 58.41 feet and there terminating;
together with a permanent slope easement in the lands described as follows:
A strip being that part of said Tract D hereinbefore described adjoining and
northwesterly of the above described strip which lies southeasterly of a line run parallel
with and distant 40 feet northwesterly of Line 1 described above;
Together with a strip being that part of said Tract D hereinbefore described adjoining and
northwesterly of the last above described strip which lies southeasterly of the following
described line: From a point on Line 1 described above, distant 100 feet southerly of its point
of termination, run northwesterly at right angles to said Line 1 for 40 feet to the point of
beginning of the line to be described; thence run southwesterly to a point, distant 70 feet
northwesterly(measured at right angles) of a point on said Line 1, distant 200 feet
southwesterly of its point of termination; thence run southerly parallel with Line 1 for 60 feet
(measure along said Line 1) and there terminating.
RESERVING a Drainage and Utility Easement described as follows:
That part of Eden Road (formerly Town Road as shown on the plat of Auditor's Subdivision
Number 335),being in the Northwest Quarter of Section 14, Township 116, Range 22,
Hennepin County, Minnesota described as follows:
Commencing at the northwest corner of said Tract D; thence North 89 degrees 59
minutes 24 seconds East along the north line of said Tract D a distance of 166.99 feet to
the point of beginning of the land to be described; thence continuing North 89 degrees
59 minutes 24 seconds East a distance of 33.00 feet to the East line of said Northwest
Quarter of Section 14; thence North 01 degrees 00 minutes 24 seconds East a distance of
56.38 feet; thence South 89 degrees 59 minutes 24 seconds West a distance of 33.00 feet
to the westerly right of way of said Eden Road; thence South 89 degrees 59 minutes 24
seconds West a distance of 56.38 feet to the point of beginning and there terminating.
WHEREAS, a Public Hearing was held on June 5, 2007 after due notice was given to
affected property owners and published in accordance with M.S.A. 412.851; and
WHERAS, the Council has been advised by City Staff that the proposed vacation of the
above described Public Right-of-Way Easement and Slope Easement has no relationship to
the comprehensive municipal plan; and
WHEREAS, it has been determined that the said Public Right-of-Way Easement and Slope
Easement are not necessary and have no interest to the public, therefore, should be vacated;
and
WHEREAS, it has been determined that there has been satisfactory resolve of existing utility
relocations of private utilities within the vacation area.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said Public Right-of-Way Easement and Slope Easement 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.
ADOPTED by the Eden Prairie City Council on September 4, 2007.
11 j j ill /
Phi oung, Mayor
ATTEST: SEAL
Kat een Porta, City Clerk