HomeMy WebLinkAbout01-187 CITY.OF LAKEVILLE
RESOLUTION
DATE OCTOBER 15, 2001 RESOLUTION NO. 01-187
MOTION BY RIEB SECONDED BY MULVIHILL
RESOLUTION VACATING PUBLIC EASEMENTS
WHEREAS, the Planning Commission has conducted a public hearing, preceded by
• two (2) weeks published notice, to consider the following described vacation of public
roadway and drainage and utility easements; and
.WHEREAS, the City. Council has determined that it is in the public interest to
approve the public. easement vacation;
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The following public easements situated in Dakota County, Minnesota and legally
.described as follows are hereby vacated:
a. Drainage and utility easement. Final Certificate of Taking in Condemnation,
dated April 16, 1987... Filed as County Recorder Document. No. 781976. See
Exhibit A.
b. Drainage and utility easement. Temporary and permanent easements. Dated
February 22, 1991. Filed as County .Recorder Document No. 979839.. See
Exhibit B.
c. Sanitary sewer easement. Dated December 22, 1972. Filed as County Recorder
Document No. 410938. See Exhibit C.
d. Sanitary sewer easement. Dated December 22, 1972. Filed as County Recorder
Document No. 410939. See Exhibit D.
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e. Trunk sewer easement. Temporary and permanent easements. Dated March 30,
1963. Filed in Dakota County Recorder Book 279 of Deeds at Page 212. See
Exhibit E.
f. Trunk sewer easement.- Temporary and permanent easements. Dated March 5,
1962. Filed in Dakota County Recorder Book 279 of Deeds at Page 213. See
Exhibit F.
g. Easements referred to in quiet title decree. Dated November 19, :1965. Filed in
...Dakota County Recorder's Office in Book 67 of M.R., Page 576. See Exhibit G.
h. Road easements over the following parcel:
Commencing at a .point on the North line of the Southeast Quarter (SE '/a),
Section 29, Township 114, Range 20, Dakota County,. Minnesota, distant 290
feet West of the Northeast corner of said Southeast Quarter; thence South
parallel to the East line of said Southeast Quarter a distance of 20 feet; thence
West parallel to the North line. of said. Southeast Quarter a distance of 150 feet;
thence North paral(et to the East line of said Southeast Quarter. a distance of 20
feet to the North line of said Southeast Quarter; thence East along the North Jine
of said Southeast Quarter a distance of 150 feet to the place of beginning.
• Easement dated_February 1, 1955. Filed in Dakota County Recorder's Office in
Book 254 of Deeds at Page 574.
i. Road easement by Prescription over the East 33 feet of the Southwest Quarter
(SW '/4) of Section 28, Township 114, Range 20, .Dakota County, Minnesota,
except the South 662.5 feet thereof, as shown on half section map provided by
the Dakota County Surveyor.
2. The City Clerk is directed to file a certified copy of thin. resolution with the County
Recorder.
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APPROVED AND ADOPTED this 15th day of October 2001.
CITY OF LAKEVILLE
t,~~~.
BY:
Robert D. J nson, .Mayor
ATTEST:
Charlene Friedges, City rk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
i
I hereby certify that the foregoing. Resolution No. 01-187 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 October 2001, as shown. by the
minutes of said meeting in my possession.
Charlene Friedges, City Clerk
(SEAL)
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EXHIBIT A
Drainage and utility easement per Document No. 781976, per Item A, Resolution 01-187, Dated
October 15, 2001.
That part of the following described parcel in the City of Lakeville:
Part of the East'h of the Southwest 1/4 of Section 28, Township 114, Range 20, Dakota County,
Minnesota, lying North of the South 6625. feet;
.Also
The Northwest quarter of the Southwest quarter (NW 1/4 of SW 1/4) of Section Twenty-
eight (28), Township One Hundred Fourteen (114), Range Twenty (20), excepting
therefrom that part platted as Park Terrace, also excepting therefrom that
part of said Northwest quarter of Southwest quarter (NW 1/4 of SW 1/4) described as
follows: Commencing at the Southeast corner of said Northwest quarter of the
Southwest quarter (NW 1/4 of SW 1/4) ;thence West along the South line of said
Northwest quarter of the Southwest quarter (NW 1/4 of SW 1/4), 526.7 feet to the
point of beginning;. thence Northwesterly, 374.2 feet to a point on the East
line of PARK TERRACE, Lakeville, Minnesota, distant 366,8 feet South of the
Northeast corner thereof; thence South along said East line and extension
thereof, 297.05 feet to the South line of said Northwest quarter of the
Southwest Quarter (NW 1/4 of SW 1/4); thence East along said South line, 229.3 feet
to the point of beginning;
Which lies within the following described perpetual easement for public drainage
and utility purposes:
All that part of the East half of the Southwest Quarter of Section 28, Township 114, Range 20,
Dakota County, Minnesota described as follows:
Beginning at the Northwest corner of Outlot A, SOUTH CREEK ADDITION,
according to said plat on file and of record in the office of the County
Recorder, Dakota County, Minnesota; thence East along the North line of said
Outlot A, a distance of 129.80 feet; thence Northwesterly a distance of 179.91
feet to a point on the West line of said East Half of the Southwest Quarter
distant 125.93 feet North of said point of beginning, as measured along said
West line; thence South along said West line of the East Half of the Southwest
Quarter a distance of 125.93 feet to said point of beginning;
Also
A strip of land 100.00 feet in width, the Southwesterly, Southerly, Westerly and
Southwesterly line of which is described as follows:
Beginning at a point on the West line of the Northwest Quarter of the Southwest
Quarter of Section 28, Township 114, Range 20, Dakota County, Minnesota distant
553.13 feet Southerly of the Northwest corner of said Northwest Quarter. of the
Southwest Quarter as measured along said West line; thence Southeasterly a
distance of 148.77 feet to a point on the North line of PARK TERRACE, according
to said plat on file and of record in the office of the County Recorder,
Dakota County, distant 454.16 feet Westerly of the Northeast corner of said
PARK TERRACE as measured along said North line; thence Easterly, along said
North line of PARK TERRACE a distance of 454.16 feet to said Northeast corner
of PARK TERRACE; thence Southerly along the East line of said PARK TERRACE a
distance of 366.80 feet; thence Southeasterly a distance of 372.02 feet to a
point on the South line of said Northwest Quarter of the Southwest Quarter and
distant 526.70 feet Westerly, as measured along said South line of the North-
west Quarter of the Southwest Quarter, of the Southeast corner of said North-
west quarter of the Southwest quarter and there terminating.
Said strip of land is to extend by its full width from said West line of the
Northwest quarter of the Southwest Quarter to said South line of the Northwest
quarter of the Southwest Quarter.
And which lies within the following described temporary construction easement for public
drainage and utility purposes:
• Allthat part of the East Half of the Southwest Quarter of Section 28, Township 114, Range 20,
Dakota County, Minnesota, described as follows:
Beginning at the Northwest corner of Outlot A, SOiTTH CREEK ADDITION, according
to said plat on file and of record in the office of the County Recorder,
Dakota County, Minnesota; thence East along the North line of said Outlot A a
distance of 201.24 feet; thence Northwesterly to a pointon the West line of
said East Half of the Southwest Quarter distant 195.24 feet North of said
point of beginning, as measured along said West line; thence South along
said West line of the East Half of the Southwest Quarter a distance of 195.24
feet to said point of beginning;
Except that part of which lies within the first above described perpetual easement;
ALSO
A strip of land 50.00 feet in width the Southwesterly, Southerly, Westerly and Southwesterly
line of which is contiguous with the Northeasterly, Northerly, Easterly and. Northeasterly line of
the second above described perpetual easement.
Said strip of land is to extend by its full width from said West line of the Northwest Quarter of
• the Southwest Quarter to said South line of the Northwest Quarter of the Southwest Quarter.
EXHIBIT B
Drainage and utility easement. Temporary and permanent easements per Document No. 979839.
Per Item B, Resolution No. 01-187, Dated October 15, 2001.
A 110.00 foot temporary construction easement and a 55.00 foot permanent easement for
drainage and utility purposes over, under, and across the land legally described as follows:
The North Half of the Northwest Quarter of the Southwest Quarter of Section 28,
Township 114, Range 20, Dakota County, Minnesota.
Said temporary construction easement lies within 40.00 feet to the left, and 70.00 feet to the right
of the following described line, and said permanent easement lies within 45.00 feet to the right
and 10.00 feet to the left of the following .described line:
Commencing at the northwest corner of said Northwest Quarter of
the Southwest Quarter; thence South 0 degrees. 55 minutes 40
seconds West, assumed bearing,. along the west line of said North
Half of the Northwest Quarter 427.30 feet to the point of
beginning of the line to be described; thence South 43 degrees
09 minutes 40 seconds East 321.5 feet to the south line of said
• North Half of the Northwest Quarter of the Southwest Quarter,
and said line there terminating.
Said temporary construction easement contains 16, .231 square feet, more or less, excluding
existing and proposed permanent easements, and shall expire November 15, 1992.
Said permanent easement contains 9,294 square feet, more or less, excluding existing permanent
easements.
PARCEL 5
A 110.00. foot temporary construction easement and a 55.00 foot permanent easement for
drainage and utility purposes over, under, and across the following. described parcel of land:
PARCEL A
That part of the east 318.25 feet of the Northeast Quarter of the Northeast Quarter of the
Southeast Quarter of Section 29, Township 114, Range 20, Dakota County, Minnesota,
lying South of the North 181.5 feet there of, except the south 30.00 feet.
Also that part of said Northeast Quarter of the Northeast Quarter of the Southeast Quarter
described as follows:
Beginning at a point on the north line of said Northeast Quarter of the Northeast
Quarter of the Southeast Quarter 290.00 feet west of the northeast corner thereof;
thence West 198.6 feet; thence South 264.00 feet; thence East 15.00 feet; thence
South 66.00 feet; thence East 154.62 feet; thence North 148.5 feet; thence East
28.25 feet; thence.North 181.5 feet to the point of beginning.
Said temporary construction easement lies within 70.00 feet to the left and 40.00 feet to
the right of the following described Line A, and said permanent easement lies within
45.00 feet to the left and 10.00 feet to the right of said following described Line A:
LINE A
Commencing at the northeast corner of said Northeast Quarter of the Southeast
Quarter; thence South 0 degrees 55 minutes 40 seconds West, assumed bearing,.
along the east line of said Northeast Quarter of the Southeast Quarter 427.30 feet
to the point of beginning of the line to be described; thence North. 43 degrees D9
minutes 40 seconds West 585.83 feet to the north line of said Northeast Quarter of
the Northeast Quarter of the Southeast Quarter, and said Line A there terminating.
Together with a temporary construction easement over, under, and across that part of the
north 80.00 feet of the above described Parcel A lying westerly of said. Line A.
Together. with a permanent easement for drainage and utility purposes over, under, and
across that part of the north .60.00 feet of the above described Parcel A lying westerly of
said Line A.
Said temporary easements contain 28,678. square feet, more or less, excluding existing
and. proposed permanent easements, and shall expire November 15, 1992.
Said permanent easements contain 24,332 square feet, more or less, excluding existing
permanent easements..
EXHIBIT C
Sanitary sewer easement per Document No. 410938, Per Item C, Resolution No. 01-187,
dated October 15, 2001.
A perpetual easement 20 feet wide for sanitary sewer construction over and across all that
property lying within lines parallel with and distant 10 feet of and on both sides of a
common centerline described as follows:
Commencing at the Northeast corner of the NE 1/4 of the SE 1/4 of
Section 29, T114 N, R20 W; thence bearing South 0 degreesSS feet 40 seconds West
along the East line of the NE 1/4 of the SE 1/4 of said section 181.5. feet; thence bearing.
East parallel with the North line of the NE 1/4 of the SE 1/4 of said section, 234.4 feet;
thence bearing North 43 degrees 09 minutes 40 seconds West, 80 feet more or less to a
point in the line parallel with and 290 feet West of the East line of the NE 1/4 of the SE
1/4 ofsaid section and the point of beginning of the centerline of said easements (the
.boundary lines of said easements to be shortened or lengthened to terminate in a line
parallel with and distant 290 feet West of the East line of the NE 1/4 of the SE 1/4 of said
section); thence continuing North 43 degrees 09 minutes 40 seconds West, 170 feet more.
or less to the North line of the NE 1/4 of the SE 1/4 of said Section; thence bearing West
along the North line of the NE 1/4 of the SE 1/4 of said section 90 feet more or less to a
point 488.6 feet West of the Northeast corner of the NE 1/4 of the SE 1/4 of said section
• and there terminating.
Also commencing at the Northeast corner of the NE 1/4 of the SE 1/4 of Section 29,
T114N, R20W; thence bearing South 0 degrees 55 minutes 40 seconds West along the
east line of the NE 1/4 of the SE 1/4 of said section, 427.30 feet to the point of beginning
of the centerline of said easements; thence bearing North 43 degrees 09 minutes 40
seconds West, 340 feet more or less to a point in a line parallel with and distant 181.5 feet
South of the North line of the NE 1/4 of the SE 1/4 of said section and there terminating.
The boundary lines of said easements to be shortened or lengthened to terminate in the
East line of the NE 1/4 of the SE 1/4 of said section and in a line parallel with and distant
181.5 feet South of the North line. of the NE 1/4 of the SE 1/4 of said section.
EXHIBIT D
Sanitary sewer easement per Document No. 410939. Per Item D, Resolution No. 01-187,
Dated October 15, 2001.
A perpetual easement for sanitary sewer use across all that property lying within lines
parallel with and distant 10 feet on both sides of a common centerline described as
follows:
Commencing at the NW corner of the NW 1/4 of the SW 1/4 of Section 28, T114 N, R20
W; thence South 0 degrees 55 minutes 40 seconds West along the West line of the NW
1/4 of the SW l/4 of said section 427.30 feet to the point of beginning of the centerline of
said easements;. thence bearing South 43 degrees 09 minutes 40 seconds East 321.5 feet
more or less to the south line of the N 1/4 of the NW 1/4 of the SW 1/4 of said section
and there terminating. The boundary lines of said easements to be shortened or
lengthened to terminate in the West line of the NW 1/4 of the SW 1/4 of said section and
in the South line of the N 1/4 of the NW 1/4 of the SW 1/4 of said section.
EXHIBIT E
Trunk sewer easement, temporary and permanent easements, per book 279 of Deeds at
page 212, per Item E, Resolution No. 01-187, Dated October 15, 2001.
The SW 1/4 of the SW'1/4 of Section 28, T 114, R 20 and also the NW 1/4 of Sec 33,
T114, R 20.
The easement and right of way hereby granted covers a strip of land. as follows:
A temporary trunk sewer line construction easement 60 feet in width being 30 feet on
each side. of the center line and a 10 foot permanent maintenance easement being 5 feet
on each side of the center line said centerline described as follows: Beginning at the NE
corner of the NW 1/4, Section 33, Township 114, Range 20, Dakota County, Minnesota,
thence south along the east line of said NW 1/4 a distance of 456.4 feet to the actual point
of beginning, thence at a deflection angle to the right of 106 degrees 09 minutes in a
Nwtly direction and parallel with the centerline of US Through Highway No. 50 a
distance of 569.35 feet, thence at a deflection angle to the right of 90 degrees in a Netly
direction a distance of 135.0 feet to the South line of U.S. TH#50 and there terminating.
AND ALSO.
. A temporary trunk sewer line construction easement 60 feet in width being 30 feet on
each side of the center line and a 10 foot permanent maintenance easement being 5 feet
on each side of the center line said centerline described as follows: Beginning at the
North. East corner of the South West Quarter of the South West Quarter of Section 28,
T114, R 20, Dakota County, Minnesota, thence West along the north line of said SW 1/4
of the SW 1/4 a distance of 526.7 feet to the actual point of beginning, thence at a
deflection angle to the left of 127 degrees 30 minutes in a SEtly direction a distance of
745.1 feet, thence at a deflection. angle to the left of 13 degrees 22 minutes a distance of
86.55 feet to a point in the east line of said SW 1/4 of the SW 1/4 distance 646.0 feet:
south of the NW corner thereof and terminating.
EXHIBIT F
Trunk sewer easement, temporary and permanent easements per Book 279 of Deeds at
Page 213, per Item F, Resolution No. 01-187, Dated October 15, 2001.
The NW 1/4 of the SW 1/4 and the SE 1/4 of the SW 1/4 of Section 28, T 114, Range 20.
The easement and right of way hereby granted covers a strip of land as follows;
A temporary trunk sewer line construction easement 60 feet in width being 30 feet on
each side of the centerline and a 10 foot permanent maintenance easement being 5 feet on
each side of the center line, said center line described as follows: Beginning at the SE
corner of the North West Quarter of the South West Quarter of Section 28, T 114, R 20,
Dakota County, Minnesota, thence west along the south line of said NW 1/4 of the SE 1/4
a distance of 526.7 feet to the actual point of beginning, thence at a deflection angle to
.the right of 52 degrees 30 minutes in a NWtly direction a distance of 374.2 feet to a point.
in the east line of Park Terrace, Lakeville, Minnesota, distant 366.8 feet south of the NE
corner thereof and there terminating.
Also
Beginning at the. NW corner of the Southeast Quarter of the Southwest Quarter of Section
28, T 114, R 20, Dakota County, Minnesota, thence south along the west line of said SE
1/4 of the SE 1/4 a distance of 646.0 feet to the actual point of beginning, thence at a
deflection angle to the left of 51 degrees 32 minutes in a SEtly direction a distance of
313.45 feet, thence at a deflection angle to the right of 10 degrees 30 minutes a distance
of 400.0 feet, thence at a deflection angle to the left of 18 degrees Ol minutes to the
northerly right of way line of the Mileaukee, St. Paul and Pacific Railroad and there
terminating.
EXHIBIT G
Easements referred to in quiet title decree per Book 67 of M.R., Page 576, per Item G,
Resolution No. 01-187, Dated October 15, 2001.
Easement for road purposes to Felix Tinges and Mary Gladys Tinges in the
Southeast quarter (SE 1/4) of Section Twenty Nine (29), Township One Hundred
Fourteen (114), Range Twenty (20), described as follows: Commencing at a point.
on the North line of said. Southeast quarter (SE 1/4) a distance of 290 feet west of
the Northeast corner of said Southeast quarter (SE 1/4); thence South parallel to
the West line of said Southeast quarter a distance`of 20 feet; thence West parallel
to the North line. of said Southeast quarter a distance of 150 feet; thence North
parallel to the East line of said Southeast quarter a distance of 20 feet to the North
dine of said Southeast quarter; thence East along the North line of Southeast
quarter a distance of 150 feet to the place of beginning.
AND
A permanent easement to the Village of Lakeville, Minnesota of right of way
including the perpetual right to enter upon the real estate hereinafter described at
any time it may see fit, and construct, maintain and repair under ground sewage
lines for the purpose of conveying sewage over and across and through and under
the lands described together with the right to excavate and refill ditches and/or
trenches for the location of said sewer lines and the further right to move trees,
bushes, undergrowth and other obstructions interfering with the location,
construction, maintenance of said sewer line. The land affected by this land
easement and right of way is located in the County of Dakota and described as
follows, to-witt the northwest quarter of the Southwest quarter and the Southeast
quarter of the Southwest quarter of Section Twenty Eight (28), Township One
Hundred Fourteen (114), Range Twenty (20). The easement and right of way
hereby granted covers a strip of land as follows: A temporary trunk sewer line
construction easement 60 feet in width being 30 feet on each side of the centerline
and a 10 foot permanent maintenance easement being 3 feet on each side of the
center line, said center line described as follows: Beginning at the Southeast
.corner of the Northwest quarter of the Southwest quarter (NW 1/4 of SW 1/4) of
Section Twenty Eight (28), Township One Hundred Fourteen (114), Range
Twenty (20), Dakota County, Minnesota, thence west along the.. south line of said
Northwest quarter of the Southeast quarter (NW 1/4 of SE 1/4) a distance of 525.7
feet to the actual point of beginning, thence at a deflection angle to the right of 52
degrees 30 minutes in a Northwesterly direction a distance of 374.2 feet to a point
in the east line of Park Terrace, Lakeville, Minnesota, distant 366.8 feet south of
the Northeast corner thereof and there terminating.: Also Beginning at the
Northwest corner of the Southeast quarter of the Southwest quarter
(SE 1/4 of SW 1/4) SectionTwenty Eight (28), Township One Hundred Fourteen
. (114), Range Twenty (20), Dakota County, Minnesota, thence South along the
s
West line of said Southeast quarter of the Southeast quarter. (SE 1/4 of SE 1/4) a
• distance of 646.0 feet to the actual point of beginning, thence at a deflection angle
to the left of 51 degrees 32 minutes in a Southeasterly direction a distance of
313.45 feet, thence at a deflection angle to the right of 10 degrees 30 minutes a
distance of 400.0 feet, thence at a deflection angle to the left of 18 degrees O1
minutes to the Northerly right of way line of the Milwaukee, St. Paul. and Pacific
.Railroad and there terminating.,
•