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HomeMy WebLinkAboutResolution - 2013-26 - Vacation 13-01 Right-of-Way Easement Coteau Trail - 02/05/2013 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013-26 VACATION OF THE PUBLIC RIGHT-OF-WAY EASEMENT OVER PART OF COTEAU TRAIL, AS DEDICATED ON THE RECORDED PLAT OF THE ENCLAVE AT OLD SHADY OAK, HENNEPIN COUNTY VACATION 13-01 WHEREAS, the City of Eden Prairie has a certain public right-of-way easement for road purposes over that part of Coteau Trail, as dedicated on the recorded plat of THE ENCLAVE AT OLD SHADY OAK, Hennepin County, Minnesota, described as follows: See Attachment A WHEREAS, a Public Hearing was held on February 5, 2013, 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 public right-of-way easement has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said public right-of-way easement is not necessary and has no interest to the public, therefore, should be vacated; and WHEREAS, public and private utilities have been installed and are presently operated and maintained within the right-of-way, an easement allowing governmental and utility company personal and equipment to enter upon the vacated right-of-way to maintain or construct additional facilities needs to be retained. NOW,THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said public right-of-way easement as described above is hereby vacated, subject to a permanent drainage and utility easement being retained over the entire vacated public right-of-way easement. 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 February 5, 2013. ATTEST: Ron Case, Acting Mayor 'Al�. /�& SEAL Ka leen Porta, City Clerk Attachment A That part of Coteau Trail as dedicated on THE ENCLAVE AT OLD SHADY OAK, according to the recorded plat thereof, Hennepin County, Minnesota which lies northwesterly, northerly, northeasterly and easterly of a line to hereinafter be described as Line "A". Line "A" is described as commencing at the most east southeast corner of Lot 2, Block 2, said THE ENCLAVE AT OLD SHADY OAK; thence easterly a distance of 44.71 feet along a curve, concave to the north, having a radius of 89.00 feet, a central angle of 28 degrees 46 minutes 54 seconds and a chord of 44.24 feet which assumes to bear North 78 degrees 53 degrees 39 minutes East to the point of beginning; thence South 25 degrees 29 minutes 48 seconds East a distance of 2.00 feet; thence northeasterly 85.04 feet along a curve, concave to the southwest and parallel with the northerly right of way line of said Coteau Trail having a radius of 313.00 feet and a central angle of 15 degrees 33 minutes 59 seconds; thence North 80 degrees 04 minutes 1 1 seconds East, tangent to the last curve and parallel with said northerly right of way line, a distance of 45.20 feet; thence South 09 degrees 55 minutes 49 seconds East a distance of 4.00 feet; thence southeasterly 272.58 feet along a curve, concave to the southwest and parallel with said northerly right of way line having a radius of 249.00 feet and a central angle of 62 degrees 43 minutes 20 seconds; thence North 52 degrees 47 minutes 31 seconds East, not tangent to the last described curve, a distance of 3.00 feet; thence southerly 185.92 feet along a curve, concave to the southwest and parallel with said northerly and easterly right of way line having a radius of 252.00 feet and a central angle of 42 degrees 16 minutes 21 seconds; thence South 05 degrees 03 minutes 52 seconds West, tangent to the last described curve and parallel with said right of way line, a distance of 39.86 feet; thence South 84 degrees 56 minutes 08 second East a distance of 3.00 feet to said right-of-way and there terminating. And lying southerly, southeasterly and easterly of a line to hereinafter be referred to as Line "B". Line "B" is described a commencing at the point of terminus of Line "A"; thence South 05 degrees 03 minutes 52 seconds West, along the easterly right of way line of said Coteau Trail a distance of 225.13 feet to the point of beginning of said Line "B";thence North 84 degrees 56 minutes 08 seconds West a distance of 3.00 feet; thence southwesterly 176.25 feet along a curve, concave to the northwest and parallel with said right of way line having a radius of 147.00 feet and a central angle of 68 degrees 41 minutes 52 seconds; thence South 73 degrees 45 minutes 44 seconds West, tangent to the last described curve and parallel with said right of way line, a distance of 27.22 feet; thence South 16 degrees 14 minutes 16 seconds East a distance of 3.00 feet to said right of way line and there terminating. Area: 3,213 sq. ft.