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HomeMy WebLinkAboutResolution - 2009-49 - Closing Segment of Riverview Road - 08/18/2009 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 200949 RESOLUTION AUTHORIZING CLOSING A SEGMENT OF RIVERVIEW ROAD TO PUBLIC USE WHEREAS, the City of Eden Prairie maintains the westerly segment of Riverview Road,east of Flying Cloud Drive as a gravel roadway for approximately 6000 feet in length; and WHEREAS, a gate currently exists at the easterly end of said 6000 feet, beyond which the Riverview Road right of way is currently closed to public access; and WHEREAS, the Upgrala Hunt Club maintains buildings and grounds at the end of the existing gravel road section; and WHEREAS, the owners of the Upgrala Hunt Club have experienced vandalism to their buildings and property and have requested that an additional length of the roadway be closed to public access; and WHEREAS,this segment of Riverview Road has been subject to illegal dumping activities; and WHEREAS, there are no public facilities or uses along and adjacent to said roadway that are a destination for residents of Eden Prairie or the traveling public in general; and WHEREAS, it is proposed to move the existing gate or install a new gate at a location approximately 1000 feet east of Flying Cloud Drive; and WHEREAS, the gate can be locked in a way to provide current stakeholders and their invited guests and contractors such as US Fish and Wildlife; City of Eden Prairie; the State of Minnesota and Minnesota Pollution Control Agency, their contractors and agents, and Allied Waste Services (for "Closed Landfill' activities); Minnesota Department of Natural Resources; and Upgrala Hunt Club access. NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that said segment of Riverview Road from approximately 1000 feet east of Flying Cloud Drive to approximately 6000 feet east of Flying Cloud Drive be closed to public access, subject to the following conditions, facts and criteria: 1. Nothing in this action constitutes in any way a vacation or abandonment of the right of way of Riverview Road, nor the uses and activities that the City in its sole discretion may determine to implement within the right of way in the future. 2. The road right of way shall be managed by the City as a closed right of way with a private driveway. 3. That Upgrala Hunt Club and behalf of itself and its assigns agrees in writing to be responsible at its sole cost to maintain the right of way, except that the City may choose to perform minor maintenance to allow for certain City sponsored maintenance activities to be performed. 4. That Upgrala Hunt Club acknowledge in writing that that the proposed gate location and the condition to which it maintains the right of way beyond the gate may negatively impact emergency response time. ADOPTED by the Eden Prairie City Council on August 18, 2009. 1 0a - 1 Young, Mayo ATTEST: SEAL hl�ww�� K thleen Porta, City Clerk