HomeMy WebLinkAboutResolution - 2013-82 - Vacation 13-05 of Public Right-of-Way over Cavallo Ridge in Bellerieve - 09/17/2013 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2013-82
VACATION OF THE PUBLIC RIGHT-OF-WAY OVER CAVALLO RIDGE
AS PLATTED IN BELLERIEVE
VACATION 13-05
WHEREAS, the street right-of-way Cavallo Ridge has been dedicated in the plat of BELLERIEVE,
Hennepin County, Minnesota, as public right-of-way(hereinafter referred to as "Right-of-Way"); and
WHEREAS, on August 20, 2013, the City Council received a Petition to vacate the Right-of-Way from
100% of the property owners abutting Cavallo Ridge and set the Public Hearing for September 17, 2013;
and
WHEREAS, a Public Hearing was held on September 17, 2013 on the vacation of the Right-of-Way, after
due notice was given to affected property owners and published in accordance with M.S.A. 412.951; and
WHEREAS, the Council finds that the vacation of the Right-of-Way will not affect the comprehensive
municipal plan; and
WHEREAS, the Council finds that the vacation of the Right-of-Way is in the interest of the public; and
WHEREAS, public and private utilities have been installed and are presently operated and maintained
within the Right-of-Way, and therefore an easement for utility and drainage purposes will be retained over
the Right-of-Way.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows:
1. The Recitals are incorporated herein as if fully set forth.
2. The Right-of-Way is hereby vacated, subject to the City retaining a permanent drainage and utility
easement over the entire Right-of-Way.
3. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A.
412.851.
4. This Resolution is contingent upon and shall not be effective until the petitioner provides access
easements to the lot owners and enters into an agreement with the City and the lot owners relating to
maintenance and use of the private road and city utilities, all in form and substance satisfactory to the
City. The City Clerk shall not present the Notice of Completion of Proceedings to the County
Auditor or file it with the County Recorder/Registrar of Titles until the easements and agreements are
fully executed and approved by the City Attorney.
ADOPTED by the Eden Prairie City Council on September 17,2013.
ATTEST: N ncy ra- ukens, yor
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athleen Porta, City Clerk