HomeMy WebLinkAbout20-163(Reserved for Recording Data)
CITY OF LAKEVILLE,
DAKOTA COUNTY, STATE OF MINNESOTA
RESOLUTION NO. 20-163
A RESOLUTION VACATING AN EASEMENT
FOR ROADWAY PURPOSES AND
A PUBLIC DRAINAGE AND UTILITY EASEMENT
WHEREAS, DMAC Real Estate MGMT CO LLC has requested vacation of the Grant of
Permanent Easement for Public Roadway Purposes date January 14, 2010 and recorded with the
Dakota County Recorder on February 11, 2010, as Document No. 2713933 ("Roadway
Easement"); and
WHEREAS, DMAC Real Estate MGMT CO LLC has requested vacation of a public
drainage and utility easement which was dedicated by the recording of the Clemmer Second
Addition Plat with the Dakota County Recorder on February 11, 2010, as Document No. 2713934
and legally described as follows:
All of the drainage and utility easement, as delineated and dedicated, in CLEMMER SECOND
ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, being a strip of
land 93.00 feet wide, over, under and across Lot 1, Block 1, said CLEMMER SECOND
ADDITION, lying southerly of and adjoining the following described line and its extensions:
Commencing at the most southwesterly corner of said Lot 1; thence on an assumed
bearing of North 00 degrees 27 minutes 18 seconds East along the most westerly line of
said Lot 1, a distance of 626.33 feet to an angle point and the point of beginning of the
line to be described; thence South 89 degrees 57 minutes 36 seconds East along the
southerly most north line of said Lot 1 and its easterly extension, a distance of 236.00 feet
to the southerly most east line of said Lot 1, and said line there terminating.
EXCEPTING therefrom the west 5.00 feet, the north 30.00 feet, and the east 40.00 feet, as
measured at right angles.
("Drainage and Utility Easement"); and
WHEREAS, the City has determined that the vacation of the Permanent Easement for
Roadway Purposes does not terminate at, abut upon, and is not adjacent to any public water, and
therefore written notice of to the commissioner of natural resources is not required; and
WHEREAS, after due published, posted, and mailed notice in accordance with Minnesota
Statutes, the City Council held a public hearing on December 21, 2020 regarding the vacation of
the Roadway Easement and Drainage and Utility Easement and all interested persons were given
an opportunity to be heard; and
WHEREAS, the City Council finds that the Roadway Easement and Drainage and Utility
Easement have no apparent present or future benefit to the public, and the vacation of said
Easements is in the interest of the public because public roadways and utilities are no longer
planned to be constructed within the easement area to be vacated. A private business access road
was constructed on the south side of the subject property to provide access to adjacent properties.
The easement area to be vacated does not and will not contain public improvements therefore the
easement area does not need to be owned or maintained by the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville,
Dakota County, Minnesota:
1. The Roadway Easement and Drainage and Utility Easement are hereby vacated.
2. The City Clerk is directed to file a certified copy of this resolution with the County Auditor and
County Recorder in and for Dakota County, Minnesota.
ADOPTED this 21 st day of December 2020
CITY OF LAKEVILLE
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derson,Mayor
ATTEST:
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Charlene Friedges, City Cle