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Home My WebLink About99-269 (Reserved for Dakota County Recording Information) City Of Lakeville RESOLUTION Date: November 15, 1999 Resolution No. 99-269 Motion by Ryan Seconded by Mulvihill RESOLUTION VACATING PUBLIC STREET, DRAINAGE AND UTILITY EASEMENTS IN THE PROPOSED PLAT OF CROSS VIEW ADDITION WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2) weeks published notice to consider the following described public street, drainage and utility easement vacation; and WHEREAS, THE City Council has determined that it is in the public interest to approve the public street, drainage and utility easement vacation. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The following public street, drainage and utility easements are hereby vacated: All drainage and utility easements as shown and dedicated within Outlot A, MESSIAH LUTHERAN CHURCH ADDITION, Dakota County, Minnesota, according to the recorded plat thereof, including the street and drainage and utility easement as described in Dakota County Recorded Document Number 863329, attached as Exhibit A, except those parts previously described for vacation. 2. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. APPROVED and ADOPTED by the City Council of the City of Lakeville this 15th day of November, 1999. CITY OF LAKEVILLE By: . Betty Si t, Acting Mayor By. Charlene Friedges, ty Clerk I hereby certify that the foregoing Resolution No. 99-269 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 15th day of November, 1999, as shown by the minutes of said meeting in my possession. Seal Charlene Friedges, City Clerk DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 EXHIBIT A (Page 1 of 6) EASEMENT AGREEMENT THIS INDENTURE made this ~ day of ~"~U~p/!~ , 1988, by and between MESSIAH LUTHERAN CHURCH, a Minnesota nonprofit corporation, hereinafter referred to as "Grantor", and the .CITY OF LAKEVILLE, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the „City., , The Grantor, in consideration of O:~e Dollar ($1.00) and other good and valuable consideration to it in hand paid by tY~e City, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the City, its successors and assigns, forever, a permanent easement for .street, drainage and utility purposes over, across, on, under and through land situated within the County of Dakota and State. • of Minnesota as described on attached Exhibit "A"; INCLUDING the rights of the City, its contractors, agents, servants and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair and maintain said street; c3ra.inagP a.nr7 tati~_;t~~ systemC ovQr, across, en; under and through the easement premises, together with the right to grade, level, fill, drain, pave and excavate the easement premises, and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction and maintenance of said street, drainage and utility systems. The above named Grantor, for itself, its successors, heirs and assigns does covenant with the City, its successors and assigns, it • Transfer Entered This ~1 ~ ~ ~ _ 19~~ G~otn'rty Aadiboar G0. - EXHIBIT A (Page 2 of 6) is well seized in fee title of the above described easement premises and has the sole right to grant and convey the easement to the City. IN TESTIMONY WHEREOF, the parties hereto have signed this Agreement the day and year first above written. GRANTOR: MESSIAH LUTHERAN CHURCH BY : SvG~ Its P sident Directo hurch Prope'r~ies GRANTEE: CITY OF LAKEVILLE BY ~ • Duane Z az ,P~ayor ` / f,~' SEAL ~ • atrick cGarvey, Ci Clerk STATE OF MINNESOTA } ss. COUNTY OF ~~f~K Z, tf~ The fore oin instrument was acknowled ea beforr me tthis 21st day of Se tember g Earl L. Nolte a nd Thomas Ke~ow, the p _ ? 98$ F by PYPSi dent and T;i rector of Church ~ Properties of Messiah Lutheran Church, a Minnesota nonprofit corporation, on behalf of said corporation. tee,. ~ SHIRLEY R E30CK ~ ` ~ } '~'`a NOtaRYPt;6C --+.~t`.:~£S07A _~Y-C•;~L-~<..e.t/' Y! DAKOTA Ct:;s~,,+, T Y Notary P lic STATE OF MINNESOTA) ss. COUNTY OF DAKOTA ) On this ~`~'f~ day of ~ ~ ~ 1988, before me, a Notary Public within and for said County, personally appeared Duane Zaun and Patrick McGarvey, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Clerk of • the City of Lakeville, the municipal corporation named in the fore- going instrument, and that the seal affixed to said instrument is the -2- EXHIBIT A (Page3of6) corporate seal of said municipal corporation, and that said instru- ment was signed and sealed in behalf of said municipal corporation by authority of its City Council, and said Duane Zaun and Patrick McGarvey acknowledged said instrument to be the free act and deed of said corporation. ~ Notary Publics t DRAFTED BY : ,Y,,, ? MtRA L. H^,LLiDAY ~~-,<<o~~'~~ NOTAitY PLBLIC -1lHlNNESOTA ° Grannis, Grannis, Farrell = oA~cOTACOUNTtir ~ & Knutson My Commission Expires 8-21-92 403 Norwest Bank Building 161 North Concord Exchange South St. Paul, P~•d 550;5 (612) 455-1661 • • -3- EXHIBIT A (Page 4 of 6) That part of the following described parcel in City of Lakeville The South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 5, Township 114, Range 20, Dakota .County, Minnesota. Yvhi~}: ~ L,vJ L•!it}ii.: she Lullowing describeu perpetual ras;::nent for street, utility and drainage purposes: A parcel of land in that part of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 5, Township 11~, Range 20, Dakota County, Minnesota described as follows: neginning at the southwest corner of said South 1/2 of the South 1/2 of the .Northeast 1/4 of the Southeast 1/4; thence South 89 degrees 09 minutes 55 seconds East (assumed bearing) along the south line of said South 1/2 of the South 1/2 of the Northeast I/4 of the Southeast 1/4, a distance of 133.68 feet; thence north westerly along a circular curve not tangent to the last described line concave; to the southwest, having a radius of 295.0 feet and a central angle of'~~;Z6 degrees 5G minutes 31 seconds, a distance . of 138.72 feet to appoint on the west line of said South l/2 of the South I/2;of the Northeast 1/4 of the Southeast 1/4, distant .30.0 feet noi:th of. 'the southwest corner of said South 1/2 of the South 1/2 of the Nb'~theast 1/4 of the Southeast 1/4 as measured along the sai+a ~~~es';. line thereof; thence South 00 degrees O1 minutes 48 se~~cnds~.`~ast along said west line, a distance of 30.0 feet to the.}~~~int o~F beginning. C ~ ~ ~ b ~ -t PL ~ t ' EXHIBIT A / Pge f CITY OFD ~~~~VI LLE L 0 c N Z W O N , N O r W `7 ~ L~ _ ~ 4 ~ C C i (i N z o ~ ~.~.~'-G~ J N F ~ 3 d. ~~2~5 .0 ~Q°'63/x, ! PERMA1tENT EASEf`tENi o n . I3J.G0 S 09°09'55" E S~ p, I.YIE OF 9 I /2 OF S 1 /2 OF NE I /4 OF SE 6/1 SW COfitiEfi OF S 1/2 OF S I/Z OF ME 1/4 OF SE I/4 O . ~ EXHIBIT A (Page 6 of 6) CONSENT TO EASEMENT Lutheran Church Extension Fund--Missouri Synod, a nonprofit corporation of St. Louis County, Missouri, which holds a mortgage on .the property more particularly described on Exhibit "A" attached hereto, which mortgage is dated June 17, 1988, and recorded June 17, 1988 as Document No. 844328 with the office of the County Recorder for Dakota County, Minnesota, for good arad valuable consideration, the receipt and sufficiency of which is hereby acknowledged, daes hereby join in and consent to the foregoing Easement Agreement.. LUTHERAN CHURCH EXTENSION FUND-- MISSOURI-SYNOD BY: Its President ~ , rt~ as e BY : I~t ~ Assistant Secretary, Gerald E. Wendt. STATE OF ~ ~ ~~.~,~-~~c.:; ) ss. COUNTY OF _ } The foregoing instrument was acknowledged, before me this y ~ 1988, by `~L ' da of ~ ~ ~ . 1~Icx,~~.~~ and ~ ~r ~..1-~~t the ~ ~ ~c~_,-,~- and ~.,C_}*,r;~"„c?.~ ~;i.~`..-ice tir_ Of ulit[leic~ia vii'~.2~Ch ~XtpnSiOn ti'L'nd--M15SOUrl Synod, a nonprofit .corporation. of St. Louis County, Missouri, on its behalf . ANC~~ sAU~raN Notary Public ~ ~~~+~~Ai~B!?C, STATE GF M!v~~URf ~~iOV E.xn,RES A~/r,. 2t, !9g? JEFFER.S~.nt •