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HomeMy WebLinkAbout95-125 p'j r • CITY OE LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION Date June 5, 1995 Resolution 95-125 Motion By xarvey Seconded By sindt RESOLUTION VACATING A STORM WATER PONDING, STORM SEWER, AND DRAINAGE EASEMENT WHEREAS, pursuant to Minnesota Statutes § 412.851, the Lakeville Planning Commission has conducted a public hearing preceded by two (2) weeks. published and posted notice to consider the vacation of the easements described on the attached Exhibit A, and WHEREAS, the City of Burnsville purchased the easements and constructed the existing pond on it, and WHEREAS, the pond outlets through the City of Lakeville into Crystal Lake, and • WHEREAS, the existing pond was designed to control the discharge rate of storm water but does not provide nutrient removal, and WHEREAS, nutrients should be removed from the storm water prior to the discharge into Crystal Lake, and WHEREAS, in conjunction with the County Road 46 interchange project, a new pond will be constructed and financed by Lakeville and Dakota County,. that will both enhance water quality and provide rate control. WHEREAS, to accommodate construction of the interchange ramp, Kenyon Avenue must be realigned through part of the easement area when the existing pond is located. WHEREAS, it appears that it is in the public interest to vacate the easements, except far a certain 50 foot wide easement, upon the completion of three (3) new storm water ponds as provided in the Plans and Specifications for the County Project 46-OS (County Road 46 and Highway 35 Interchange), City Project 91-3. ' NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville: • 1. The easements described on Exhibit "A," except for a certain 50 foot wide 23965 r05/9/95 .r • easement, are vacated contingent upon the completion and final acceptance by the Dakota County Highway Department of three (3) new storm water ponds as provided in the Plans and Specifications for the County Project 46-OS (County Road 46 and Highway 35 Interchange), City Project 91=3. 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 5th day of June , 1995, by the City Council of the City of Lakeville. CITY OF LAKEVILLE Duane R. Zaun, Mayor TEST: Charlene Friedges, C" Clerk • 23965 r05/9/95 i ~ ! . ' • EXHIBIT A 1) that certain storm water ponding, storm sewer and drainage easement dated December 3, 1984, recorded .with Dakota County on December 19, 1984 as Document No. 674091, and legally described as follows: A permanent easement for storm water ponding purposes described as that part of the north 412. S feet of the E 1 /2 of the NW 1/4 of the NE 1 /4 of Section 1, Township 114, Range 21, Dakota County, Minnesota, lying westerly of the following described line: Commencing at the northwest comer of said E 1/2; thence North 8933'33" East, assumed bearing, along the north line of said NE 1/4 110.73 feet to the point of beginning of the line to be described; thence South 2042'24" East 439.12 feet to the south line of said north 412.5 feet and said line there terminating. Said ponding easement contains 1.78 acres more or less. Together with a permanent easement for storm sewer and drainage purposes over, under, and across the south 20.00 feet of the north 412.5 feet of that part of the E 1J2 of the NW 1/4 of the NE 1/4 of Section 1, Township 114, Range 21, Dakota County, Minnesota lying westerly of the right-of--way of Interstate Highway 35 and lying easterly of the above described line. • Said permanent easement contains 4,020 square feet more or less. and 2) part of that certain storm water ponding easement dated December 3, 1984, recorded with Dakota County on December 14, 1984 as Document No. 674090, and legally described as follows: The east 323.14 feet of the north 412.50 feet of the West Half of the Northwest Quarter of the Northeast Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota. Except a 50 foot wide easement for storm sewer purposes over, .under, and across the above described parcel. The centerline of said easement is described as follows: Commencing at the north quarter corner of said Section 1; thence South 89 degrees 44 minutes 14 seconds East, assumed bearing, along the north line of said Section 1 a distance of 387.55 feet to the point of beginning of the centerline to be described; thence South 4 degrees O1 Minutes 09 Seconds East 375.00 feet and said centerline there terminating. • 23965 r05/9/95