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HomeMy WebLinkAbout11-020(Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION NO. 11 -20 RESOLUTION VACATING PUBLIC ROADWAY, DRAINAGE AND UTILITY EASEMENTS WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2) weeks published notice, to consider the following described easement vacation, and WHEREAS, the City Council has determined that it is in the public interest to approve the easement vacation. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The public roadway, drainage and utility easements legally described on the attached Exhibit A, are hereby vacated subject to the recording of the Kingsley Shores Senior Living final plat. 2. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 7 day of March, 2011. CITY OF LAKEVILLE Mark Bellows, Mayor ATTEST: Charlene Friedges ity Clerk STATE OF MINNESOTA CITY OF LAKEVILLE I hereby certify that the foregoing Resolution No. 11 -20 is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 7 th day of March, 2011, as shown by the minutes of said meeting in my possession. Charlene Friedges, City Clerk (SEAL) EXHIBIT A A vacation of easements as defined in Document No. 1413840 and described as follows: A permanent easement for drainage and utility purposes over, under and across the following described property: That part of the South Half of the Southwest Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota, lying north of the centerline of County Road No. 44, according to the Dakota County Road Right of Way Map No. 86 (A.K.A. Klamath Trail, A.K.A. 169th Street West, A.K.A. Orchard Lane Road) and lying west of the centerline of County Road No. 5, according to Doc. No. 800588 Office of the County Recorder (A.K.A. C.S.A.H. No. 17, A.K.A. Lyndale Avenue, A.K.A. Kenwood Trail) and lying easterly of a line described as commencing at the northeast corner of said South Half of the Southwest Quarter of Section 1; thence on an assumed bearing of South 89 degrees 42 minutes 15 seconds West, along the north line of said South Half of the Southwest Quarter of Section 1, a distance of 1,070.52 feet to the point of beginning of said line to be described; thence South 30 degrees 54 minutes 53 seconds West a distance of 809.52 feet; thence South 22 degrees 19 minutes 01 seconds East a distance of 396.98 feet to the centerline of said County Road no. 44 and said line there terminating. ^i Except that part of said South Half of the Southwest Quarter of Section 1, lying north of said County Road No. 44, and lying west of the centerline of said County Road No. 5, and lying easterly and southerly of a line described as commencing at the southeast corner of said Southwest Quarter; thence North 89 degrees 52 minutes 15 seconds West, assumed bearing, along the south line of said Southwest Quarter, a distance of 992.82 feet to the point of beginning of the line to be described; thence North 01 degrees 12 minutes 03 seconds West a distance of 709.08 feet; thence North 88 degrees 47 minutes 57 seconds East a distance of 234.74 feet to the centerline of said County Road No. 5 and said line there terminating. Also, except that part of said South Half of the Southwest Quarter of Section 1, lying north of the centerline of County Road No. 44, described as commencing at the southeast corner of said Southwest Quarter; thence North 89 degrees 52 minutes 15 seconds West, assumed bearing along the south line of said Southwest Quarter, a distance of 992.82 feet; thence North 01 degrees 12 minutes 03 seconds West a distance of 301.50 feet to the point of beginning of the property to be described; thence South 88 degrees 47 minutes 57 seconds West a distance of 25.00 feet; thence South 01 degree 12 minutes 03 seconds East a distance of 68.01 feet to the centerline of said County Road No. 44; thence southeasterly along the centerline of said County Road No. 44, a distance of 25.39 feet to a line which bears South 01 degree 12 minutes 03 seconds East from the point of beginning; thence North 01 degree 12 minutes 03 seconds West a distance of 72.41 feet to the point of beginning. Said easement is described as follows: Commencing at the northeast corner of said South Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 42 minutes 15 seconds West, along the north line of said South Half of the Southwest Quarter a distance of 960.51 feet to the intersection of the centerline of County Road No. 5 as described in Doc. No. 800588 and to the point of beginning; thence continue South 89 degrees 42 minutes 15 seconds West, along said north line, 110.01 feet; thence South 30 degrees 54 minutes 53 seconds West 787.34 feet to a point, for descriptive purposes only, is hereinafter referred to as "POINT A "; thence continue South 30 degrees 54 minutes 53 seconds West 22.18 feet; thence South 22 degrees 19 1 minutes 01 seconds East 56.72 feet; thence North 67 degrees 40 minutes 59 seconds East 38.00 feet; thence North 22 degrees 19 minutes 01 seconds West 50.00 feet; thence North 74 degrees 46 minutes 42 seconds East 210.59 feet; thence south 70 degrees 12 minutes 07 seconds East 195.57 feet; thence north 57 degrees 49 minutes 04 seconds East 66.32 feet; thence North 01 degree 12 minutes 03 seconds West 61.35 feet; thence North 88 degrees 47 minutes 57 seconds East 234.74 feet to the intersection of the center line of County Road No. 5 as described in Doc. No. 800588; thence northwesterly, southwesterly and northwesterly along said centerline to the point of beginning. Together with a permanent easement for roadway, trail, drainage and utility purposes over, under and across the above described property. Said easement being all that part of said property which lies southerly of a line 50.00 feet northerly of and parallel with the centerline of Dakota County Road Right -of -Way Map No. 86. Together with a permanent easement for roadway, trail, drainage and utility purposes over, under and across the above described property. Said easement being all that part of said property which lies northeasterly of a line 75.00 feet southwesterly of and parallel with the following described line: Commencing at the southeast corner of said Southwest Quarter; thence North 89 degrees 52 minutes 15 seconds West, assumed bearing, along the south line of said Southwest Quarter, a distance of 556.11 feet to the point of beginning of said line; thence northwesterly 53.72 feet along a non - tangential curve, concave to the northeast having a radius of 5,729.58 feet and a central angle of 00 degrees 32 minutes 14 seconds, the chord of said curve bears North 16 degrees 38 minutes 02 seconds West; thence North 16 degrees 54 minutes 09 seconds West, tangent to last described curve, 711.84 feet; thence South 73 degrees 05 minutes 51 seconds West 7.00 feet; thence North 16 degrees 54 minutes 09 seconds West 595.00 feet; thence northwesterly 174.77 feet along a tangential curve, concave to the southwest, having a radius of 1,273.24 feet and a central angle of 07 degrees 51 minutes 53 seconds and said line there terminating. The vacation of the above described easement is to be limited to the area within the following described property: That part of the South Half of the Southwest Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota, lying north of the centerline of Klamath Trail, formerly known as County Road No. 44, according to the DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 86 (A.K.A. 169th Street West, A.K.A. Orchard Lane Road) and lying west of the centerline of County State Aid Highway No. 5, according to Doc. No. 800588 Office of the county recorder (A.K.A. C.S.A.H. No. 17, A.K.A. Lyndale Avenue, A.K.A. Kenwood Trail) and lying easterly of a line described as commencing at the northeast corner of said South Half of the Southwest Quarter of Section 1; thence on an assumed bearing of North 89 degrees 35 minutes 28 seconds West, along the north line of said South Half of the Southwest Quarter of Section 1, a distance of 1,070.52 feet to the point of beginning of said line to be described; thence South 31 degrees 37 minutes 10 seconds West a distance of 809.52 feet; thence South 21 degrees 36 minutes 44 seconds East a distance of 396.93 feet to the centerline of said Klamath Trail, formerly known as, County Road No. 44 and said line there terminating. 2 A vacation of easements as defined in Document No. 1413839 and described as follows: A permanent easement for drainage and utility purposes over, under and across the following described property: That part of the South Half of the Southwest Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota, lying north of the centerline of County Road No. 44, according to the Dakota County Road Right of Way Map No. 86 (A.K.A. Klamath Trail, A.K.A. 169th Street West, A.K.A. Orchard Lane Road) and lying west of the centerline of County Road No. 5, according to Doc. No. 800588 Office of the County Recorder (A.K.A. C.S.A.H. No. 17, A.K.A. Lyndale Avenue, A.K.A. Kenwood Trail) and lying easterly and southerly of a line described as commencing at the southeast corner of said Southwest Quarter; thence North 89 degrees 52 minutes 15 seconds West, assumed bearing along the south line of said Southwest Quarter, a distance of 992.82 feet to the point of beginning of the line to be described; thence North 01 degree 12 minutes 03 seconds West a distance of 709.08 feet; thence North 88 degrees 47 minutes 57 seconds East a distance of 234.74 feet to the centerline of said County Road No. 5 and said line there terminating. Said easement is described as lying northwesterly of the following described line: Being at a point on the west line of the above described property distant 61.35 feet southerly of the northwest corner thereof; thence northeasterly to a point on the north line of said property, distant 102.17 feet easterly of said northwest corner and said line there terminating. Together with a permanent easement for roadway, trail, drainage and utility purposes over, under and across the above described property. Said easement being all that part of said property which lies southwesterly of a line 50.00 feet northeasterly of and parallel with the centerline of Dakota County Road Right -of -Way Map No. 86. Together with a permanent easement for roadway, trail, drainage and utility purposes over, under and across the above described property. Said easement being all that part of said property which lies northeasterly of a line 75.00 feet southwesterly of and parallel with the following described line: Commencing at the southeast corner of said Southwest Quarter; thence North 89 degrees 52 minutes 15 seconds West, assumed bearing, along the south line of said Southwest Quarter, a distance of 556.11 feet to the point of beginning of said line; thence northwesterly 53.72 feet along a non - tangential curve, concave to the northeast having a radius of 5,729.58 feet and a central angle of 00 degrees 32 minutes 14 seconds, the chord of said curve bears North 16 degrees 38 minutes 02 seconds West; thence North 16 degrees 54 minutes 09 seconds West, tangent to last described curve, 711.84 feet; thence South 73 degrees 05 minutes 51 seconds West 7.00 feet; thence North 16 degrees 54 minutes 09 seconds West 595.00 feet and said line there terminating. 9 The vacation of the above described easement is to be limited to the area within the following described property: That part of the South Half of the Southwest Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota, lying north of the centerline of Klamath Trail, formerly known as County Road No. 44, according to the DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 86 (A.K.A. 169th Street West, A.K.A. Orchard Lane Road) and lying west of the centerline of County State Aid Highway No. 5, according to Doc. No. 800588 Office of the county recorder (A.K.A. C.S.A.H. No. 17, A.K.A. Lyndale Avenue, A.K.A. Kenwood Trail) and lying easterly of a line described as commencing at the northeast corner of said South Half of the Southwest Quarter of Section 1; thence on an assumed bearing of North 89 degrees 35 minutes 28 seconds West, along the north line of said South Half of the Southwest Quarter of Section 1, a distance of 1,070.52 feet to the point of beginning of said line to be described; thence South 31 degrees 37 minutes 10 seconds West a distance of 809.52 feet; thence South 21 degrees 36 minutes 44 seconds East a distance of 396.93 feet to the centerline of said Klamath Trail, formerly known as, County Road No. 44 and said line there terminating. 4 A vacation of easements as defined in Document No. 800588 and described as follows: Easement Parcel No. 301 That part of the following described parcel in Lakeville, MN. All that part of the South One Half of the Southwest Quarter of Section 1, Township 114, Range 21, lying North of Orchard Lake Road and West of Old Lyndale Road (Now State Aid Road No. 5) excepting therefrom the following: A. Commencing at a point on the center of the Lyndale Avenue Road where said road crosses the Orchard Lake road, being 116 feet North and 583 feet West of the Quarter Post as now located on the South line of Section 1, Twp. 114, Range 21, thence northwesterly along the center of the Lyndale Avenue Road 650 feet, thence West 230 feet, thence South 480 feet, thence Southeasterly 445 feet to the place of beginning and containing 3 95/100 acres, B. Commencing at a point in the center of Orchard Lake Road, said point being 994 feet West and 236.4 feet north of the SE corner of the SW1 /4 of Section 1, Twp. 114, Range 21, thence North 64.7 feet, thence West 25 feet, thence South 58.9 feet to the center of said road, thence Southeasterly along the center of said road 25.6 feet to the place of beginning, according to the Government survey thereof, Dakota County, Minnesota; Which lies within the following described perpetual easement for Public Street Purposes: All that part of the above described parcel which lies within a strip of land 80.00 feet in width, the centerline of which is described as follows: Commencing at the Southeast corner of said Southwest Quarter; thence on an assumed bearing of North 89 degrees, 54 minutes, 43 seconds West, along the south line of said Southwest Quarter a distance of 556.11 feet to the point of beginning of said centerline to be described; thence Northwesterly a distance of 53.73 feet on a non - tangential curve, concave to the Northeast, the central angle of which is 00 degrees, 12 minutes 14 seconds, the radius of which is 5729.58 feet and the chord of which bears North 16 degrees, 57 minutes, 14 seconds West; thence North 16 degrees, 41 minutes, 07 seconds West tangent with last described curve a distance of 711.84 feet; thence South 73 degrees, 18 minutes 53 seconds West a distance of 7.00 feet to a point to be hereinafter referenced to as point "C "; thence North 16 degrees, 41 minutes, 07 seconds West a distance of 595.00 feet; thence Northwesterly a distance of 174.77 feet on a tangential curve concave to the Southwest, the central angle of which is 07 degrees, 51 minutes, 53 seconds, the radius of which is 1273.24 feet and there terminating; And which lies within the following described perpetual easement for public drainage purposes: 5 That part of said parcel which lies within a strip of land 20.00 feet in width the centerline of which is described as follows: Commencing at above reference Point "C "; thence North 16 degrees, 41 minutes, 07 seconds West a distance of 1 54.77 feet to the beginning of said centerline to be described; thence South 73 degrees, 18 minutes, 53 seconds West a distance of 100.00 feet and there terminating, said strip of land is to extend by its full width from the Southwesterly line of above described perpetual easement to a line extended Southeasterly and Northwesterly at right angle to said centerline through said point of termination; Easement Parcel No. 302 That part of the following described parcel in the City of Lakeville. Commencing at a point on the center line of the Lyndale Avenue Road where said road crosses the Orchard Lake Road in the Southeast Quarter of the Southwest quarter of Section 1, Township 114, Range 21, said point being 116 feet North and 583 feet West of the Quarter Post as now located on the South line of Section 1, Twp. 114, Range 21, thence northwesterly along the center of the Lyndale Avenue Road 650 feet, thence West 230 feet, thence South 480 feet, thence Southeasterly 445 feet to the place of beginning and containing 3.95 acres and being a part of the SE1 /4 of the SW1 /4 of Section 1, Township 114, Range 21, according to the U.S. Government Survey thereof, Which lies within the following described perpetual easement for Public Street Purposes: All that part of the Southwest Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota, which lies within a strip of land 80.00 feet in width, the centerline of which is described as follows: Commencing at the Southeast corner of said Southwest Quarter; thence on an assumed bearing of North 89 degrees, 54 minutes, 43 seconds West, along the south line of said Southwest Quarter a distance of 5 56.1 1 feet to the point of beginning of said centerline to be described; thence Northwesterly a distance of 53.73 feet on a non - tangential curve, concave to the Northeast, the central angle of which is 00 degrees, 12 minutes 14 seconds, the radius of which is 5729.58 feet and the chord of which bears North 16 degrees, 57 minutes, 14 seconds West to a point hereinafter referenced as point "A "; thence North 16 degrees, 41 minutes, 07 seconds West tangent with last described curve a distance of 711.84 feet; thence South 73 degrees, 18 minutes 53 seconds West a distance of 7.00 feet; thence North 16 degrees, 41 minutes, 07 seconds West a distance of 595.00 feet; thence Northwesterly a distance of 174.77 feet on a tangential curve concave to the Southwest, the central angle of which is 07 degrees, 51 minutes, 53 seconds the radius of which is 1273.24 feet and there terminating; Said strip of land to extend by its full width from said South line of the Southwest Quarter of Section 1 to a line extended Southwesterly, radial through said point of termination Also all that part of said Southwest Quarter described as follows: Commencing at above referenced Point "A "; thence South 73 degrees, 28 minutes 53 seconds West a distance of 40.00 feet; thence North 16 degrees, 41 minutes, 07 seconds West a distance of 94.67 feet to the point of beginning of said parcel to be described; thence North 72 degrees, 56 minutes, 17 seconds West a distance of 80.18 feet; thence North 17 degrees, 03 minutes, 43 seconds East a distance of 40.00 feet to a point hereinafter to be referenced as Point "B "; thence North 58 degrees, 20 minutes, 42 seconds East a distance of 46.01 feet to an intersection with a line parallel with and distant 40.00 feet Southwesterly of the above said described centerline; thence Southeasterly along said parallel line to the point of beginning. The vacation of the above described easement is to be limited to the area within the following described property: That part of the South Half of the Southwest Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota, lying north of the centerline of Klamath Trail, formerly known as County Road No. 44, according to the DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 86 (A.K.A. 169th Street West, A.K.A. Orchard Lane Road) and lying west of the centerline of County State Aid Highway No. 5, according to Doc. No. 800588 Office of the county recorder (A.K.A. C.S.A.H. No. 17, A.K.A. Lyndale Avenue, A.K.A. Kenwood Trail) and lying easterly of a line described as commencing at the northeast corner of said South Half of the Southwest Quarter of Section 1; thence on an assumed bearing of North 89 degrees 35 minutes 28 seconds West, along the north line of said South Half of the Southwest Quarter of Section 1, a distance of 1,070.52 feet to the point of beginning of said line to be described; thence South 31 degrees 37 minutes 10 seconds West a distance of 809.52 feet; thence South 21 degrees 36 minutes 44 seconds East a distance of 396.93 feet to the centerline of said Klamath Trail, formerly known as, County Road No. 44 and said line there terminating. F A vacation of easements as defined in Document No. 478119 and described as follows: A tract of land whose centerline is described in attached Exhibit "A "; whose width is 33 feet each side of the above mentioned centerline and whose length extends across that part of the SE1 /4 -SW1 /4 of Section 1, Twp. 114 N., Rge. 21 W. described as follows: Commencing at the intersection of Lyndale Highway (County State Aide Highway No. 1 7) and Orchard Lake Road, thence northwesterly on center of Lyndale 650 feet; thence west 230 feet; thence south 480 feet; thence southeasterly 445 feet to point of beginning. EXHIBIT "A" Beginning at a point in the centerline of County-State Aid Highway No. 17 (Lyndale Avenue) and County Road No. 44 (Orchard Lake Road) said point being 569.0 feet west and 115.3 feet north of the south 1/4 section corner of Section 1, Twp. 114 N., Rge 21 W. and running thence generally along the established road located in Section 1, Twp. 114 N., Rge. 21 W. The centerline of the proposed road is described as follows: From said point of beginning extending N74° 31' W a distance of 367.7 feet to the beginning of an 8° curve to the left (Deflection Angle 14° 35' Lt); thence thru said 8° curve a distance of 182.3 feet to the end of said curve; thence N 89° 06' W a distance of 147.9 feet to the beginning of a 6° curve to the right (deflection Angle 21 ° 36' Rt.); thence thru said curve a distance of 360.0 feet to the end of said a 6° curve; thence N 67' 30' W a distance of 223.5 feet to the beginning of a 2° curve to the right (Deflection Angle 7° 32' Rt.); thence thru said curve a distance of 376.7 feet to the end of said 2° curve; thence N 59' 58' W a distance of 443.8 feet to the beginning of a 6° curve to the left (Deflection Angle 25° 50' Lt.); thence along said curve a distance of 144.6 feet to an intersection with the east line of Section 2 at a point which is 900.2 feet north of the southeast corner of said Section 2 and said line there terminating. The above mentioned point of intersection also being the point of entry into the plat of Orchard Lake which plat is filed in the office of the Register of Deeds. The vacation of the above described easement is to be limited to the area within the following described property: That part of the South Half of the Southwest Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota, lying north of the centerline of Klamath Trail, formerly known as County Road No. 44, according to the DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 86 (A.K.A. 169th Street West, A.K.A. Orchard Lane Road) and lying west of the centerline of County State Aid Highway No. 5, according to Doc. No. 800588 Office of the county recorder (A.K.A. C.S.A.H. No. 17, A.K.A. Lyndale Avenue, A.K.A. Kenwood Trail) and lying easterly of a line described as commencing at the northeast corner of said South Half of the Southwest Quarter of Section 1; thence on an assumed bearing of North 89 degrees 35 minutes 28 seconds West, along the north line of said South Half of the Southwest Quarter of Section 1, a distance of 1,070.52 feet to the point of beginning of said line to be described; thence South 31 degrees 37 minutes 10 seconds West a distance of 809.52 feet; thence South 21 degrees 36 minutes 44 seconds East a distance of 396.93 feet to the centerline of said Klamath Trail, formerly known as, County Road No. 44 and said line there terminating. E:3