HomeMy WebLinkAboutResolution - 2012-68 - Vacation 12-02 Easement for Ponding, Flowage and Drainage - 04/17/2012 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-68
VACATION OF AN EASEMENT FOR PONDING, FLOWAGE AND DRAINAGE
PURPOSES IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 21, TOWNSHIP 116, RANGE 22, HENNEPIN COUNTY
VACATION 12-02
WHEREAS, the City of Eden Prairie has an easement for ponding, flowage and drainage
purposes, described in Document Number 6330667 dated June 16, 1994 and recorded on August
25, 1994 in the Office of the County Recorder, Hennepin County, Minnesota, over, across and
upon the following described premises:
That part of the Northwest Quarter of the Southwest Quarter of Section 21, Township
116 North, Range 22, West of the 5`h Principal Meridian, lying East of the Westerly
663.85 feet, thereof and North of center line of Shakopee Road, EXCEPT the East 300.00
feet of the West 963.85 feet of the Northwest Quarter of the Southwest Quarter of Section
21, Township 116 North, Range 22 West of the 51h Principal Meridian, Hennepin County,
Minnesota lying Northerly of the center line of County Road No. 1 (the "Land").
do hereby grant to City of Eden Prairie and the public an easement and right upon, on, over,
under and across that part of the Land described as follows:
A strip or parcel 20 feet wide lying and being along the entire length, and 10 feet on
either side, of the following described centerline:
Commencing at the intersection of the East line of the West 963.85 feet of the Northwest
Quarter of the Southwest Quarter of Section 21, Township 116, Range 22, Hennepin
County, Minnesota with the North line of said Northwest Quarter of the Southwest
Quarter; thence on an assumed bearing of South along said East line a distance of 894.64
feet to the point of beginning of said centerline; thence North 29 degrees 36 minutes 12
seconds East a distance of 126.68 feet; thence North 47 degrees 39 minutes 08 seconds
East a distance of 82.52 feet; thence North 35 degrees 09 minutes 21 seconds East a
distance of 180.23 feet; thence North 24 degrees 31 minutes 23 seconds East a distance of
278.40 feet; thence North 09 degrees 29 minutes 08 seconds East a distance of 58.43 feet;
thence North 67 degrees 51 minutes 11 seconds East a distance of 28.20 feet to the East
line of said Northwest Quarter of the Southwest Quarter and there terminating.
The side lines of said strip or parcel shall be prolonged or shortened to terminate on said
East line of the West 963.85 feet and on said East line of said Northwest Quarter of the
Southwest Quarter.
For the purpose of ponding, flowage and drainage of water.
WHEREAS, a Public Hearing was held on April 17, 2012, after due notice was given to affected
property owners and published in accordance with M.S.A. 412.851; and
WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above
described easement for road purposes has no relationship to the comprehensive municipal plan;
and
WHEREAS, it has been determined that the said easement for ponding, flowage and drainage
purposes is not necessary and has no interest to the public, therefore, should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said easement for ponding, flowage and drainage purposed as described above is hereby
vacated.
2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with
M.S.A. 412.851.
3. This Resolution is contingent upon and shall not be effective until the new drainage and
utility easement to the City and any other easement interests, if applicable, have been
recorded with the Office of the County Recorder. The City Clerk shall not present the
Notice of Completion of Proceedings to the County Auditor or file it with the Office of
the County Recorder until the new drainage and utility easement to the City and any other
easement interest, if applicable, have been recorded.
ADOPTED by the Eden Prairie City Council on April 17, 2012.
c r uk ns, ayor
ATTEST:
VOA&x—) �� SEAL
Ka Teen Porta, City Clerk