HomeMy WebLinkAbout10-053(Reserved for Recording Data)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 10 -53
RESOLUTION APPROVING THE VACATION OF EASEMENTS
AND CONVEYANCE OF REAL PROPERTY
WHEREAS, the City is the owner of OUTLOT O, CROSSROADS ISTADDITION, Dakota
County Minnesota ( "City Property'); and
WHEREAS, Chad W. Fitzner and Michele L. Fitzner, husband and wife ( "Fitzner ") are
the owners of LOT 1, BLOCK 6, CROSSROADS 2 ND ADDITION, Dakota County, Minnesota ( "Lot I")
that abuts the City Property, and have requested that the City convey to them that portion of the
City Property legally described as follows:
That part of Outlot O, Crossroads 1st Addition, Dakota County, Minnesota, according
to the recorded plat thereof, described as follows:
Commencing at the southeast corner of Lot 1, Block 6, Crossroads 2nd Addition and
the north line of said Outlot O; thence South 01 degrees 00 minutes 45 seconds East,
assumed bearing, along the southerly extension of the east lot line of said Lot I a
distance of 20.96 feet; thence South 88 degrees 59 minutes 15 seconds West a distance
of 101.13 feet to the westerly line of said Outlot O; thence northerly on a non -
tangential curve concave to the northwest having a radius of 350.00 feet, a central
angle of 03 degrees 26 minutes 20 seconds a distance of 21. 00 feet; thence North 88
degrees 59 minutes 15 seconds East a distance of 99.77 feet to the point of beginning,
( "Parcel A "); and
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WHEREAS, Michael Grossinger and Jennifer Grossinger, husband and wife
( "Grossinger ") are the owners of LOT 2, B LOCK 6, CwssROADs 2" A DDITION, Dakota County
Minnesota ( "Lot 2 ") that abuts the City Property, and have requested that the City convey to
them that portion of the City Property legally described as follows:
Thatpart of Outlot O, Crossroads IstAddition, Dakota County, Minnesota, according
to the recorded plat thereof, described as follows:
Commencing at the southeast corner of Lot 1, Block 6, Crossroads 2nd Addition and
the north line of said Outlot O; thence South 01 degrees 00 minutes 45 seconds East,
assumed bearing, along the southerly extension of the east lot line of said Lot I a
distance of 20.96 feet; thence North 88 degrees 59 minutes 15 seconds East a distance
of 90.00 feet to the southwest corner of Lot 10, Block 7, GREENRIDGE, Dakota
County, Minnesota, according to the recorded plat thereof,• thence North 01 degrees 00
minutes 45 seconds West, along the west line of said Lot 10, a distance of 20.96 feet to
the southeast corner of Lot 2, Block 6, in said Crossroads 2nd Addition; thence South
88 degrees 59 minutes 15 seconds West a distance of 90. 00 feet to the point of
beginning;
( "Parcel B "); and
WHEREAS, pursuant to Minnesota Statutes § 412.851, the City has conducted a public
hearing preceded by two (2) weeks published and posted notice to consider the vacation of the
easements legally described as follows:
That portion of a 10.00 foot wide public drainage and utility easement over Lot 1,
Block 6, Crossroads 2 Addition adjoining the south lot line and lying east of the west
10.00 feet thereof, and lying west of the east 5.00 feet thereof;
F4 FAYI�
That portion of a 10.00 foot wide public drainage and utility easement over Lot 2,
Block 6, Crossroads 2 Addition adjoining the south lot line and lying east of the west
5. 00 feet thereof, and lying west of the east 5.00 feet thereof;
( "Platted Easements ").
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Lakeville:
1. The City Council finds that conveyance of Parcel A and Parcel B has no relationship
to the comprehensive municipal plan. The requirements of Minn. Stat. §462.356
are hereby dispensed with.
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2. The Mayor and City Clerk are hereby authorized to execute and deliver a quit
claim deed from the City to Fitzner for Parcel A upon payment of $1,000 by
Fitzner to the City and subject to the conveyance back to the City of the following
described easements:
A 10.00 foot wide permanent easement for public drainage and utility
purposes over, under, across and adjoining the south line of said Parcel
A. And also, a 5.00 foot wide permanent easement for public drainage
and utility purposes over, under, across and adjoining the east line of
said Parcel A, and a 10.00 foot wide permanent drainage and utility
easement over, under across and adjoining the west line of said Parcel
A, except the south 10.00 feet of said Parcel A.
The conveyance of Parcel A to Fitzner is conditioned upon Parcel A being
combined with Lot 1 under a single property identification number.
3. The Mayor and City Clerk are hereby authorized to execute and deliver a quit
claim deed from the City to Grossinger for Parcel B upon payment of $1,000.00
by Grossinger to the City and subject to the conveyance back to the City of the
following described easements:
A 10.00 foot wide permanent easement for public drainage and utility
purposes over, under, across and adjoining the south line of said Parcel
B. And also, a 5.00 foot wide permanent easement for public drainage
and utility purposes over, under, across and adjoining the east and west
lines of said Parcel B, except the south 10.00 feet of said Parcel B.
The conveyance of Parcel B to Grossinger is conditioned upon Parcel B being
combined with Lot 2 under a single property identification number.
4. The Council has determined that the Platted Easements are not needed for public
purposes. The Platted Easements are vacated subject to the City's receipt of the
easements described in paragraph 2 and 3 above and provided further that said
vacation shall not affect the authority of any person, corporation, or municipality
owning or controlling the electric or telephone poles and lines, gas lines, sanitary
and storm sewer lines, water pipes, mains, hydrants, and natural drainage areas
thereon or thereunder, to continue maintaining the same or to enter upon such way
or portion thereof vacated to maintain, repair, replace, remove, or otherwise
attend thereto.
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ADOPTED this 19th day of July, 2010, by the City Council of the City of Lakeville,
Minnesota.
CITY
ST:
Charlene Fried
City
LAKEVILLE
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