01-20 - 04-17 - Vacate Drainage and Utility Easement at Breck School Resolution 01-20 April 17, 2001
Member Micks introduced the following resolution and moved its adoption:
RESOLUTION FOR VACATION OF DRAINAGE AND
UTILITY EASEMENTS AT BRECK SCHOOL
WHEREAS, the City Council of the City of Golden Valley, pursuant to due notice,
has heretofore conducted public hearing on the vacation of drainage, utility, roadway and
storm water ponding easements at Breck School as now dedicated and laid out within the
City of Golden Valley; and
WHEREAS, all persons present were given the opportunity to be heard; and
WHEREAS, the land on surrounding these easements is owned by Breck School,
and this vacation has been requested by the school, therefore, no further notice of
adjacent landowners is required; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden
Valley that easements as described below be, and the same are hereby vacated:
BE IT RESOLVED by the City Council of Golden Valley, Minnesota:
That all those parts of the hereinafter described easements contained within the
Breck Parcels, as below described, be and the same are hereby vacated; said Breck
Parcels being described as follows:
All that part of the Southwest Quarter of Section 19, Township 29 North, Range 24
West of the 4th Principal Meridian described as follows: Commencing at the
northeast corner of said Southwest Quarter; thence South 01 degrees 41 minutes
31 seconds West, assumed bearing, along the east line of said Southwest Quarter
315.58 feet to the southeasterly right of way line of the Minneapolis, Northfield and
Southern Railroad and the point of beginning of the land to be described; thence
southwesterly 71.69 feet along said right of way line on a non-tangential curve,
concave to the northwest, having a radius of 3,859.50 feet, a central angle of 01
degrees 03 minutes 51 seconds and the chord of said curve bears South 59
degrees 49 minutes 54 seconds West; thence North 29 degrees 38 minutes 11
seconds West, continuing along said right of way line, 14.00 feet; thence
southwesterly 353.09 feet along a non-tangential curve, concave to the northwest,
having a radius of 3,845.50 feet, a central angle of 5 degrees 15 minutes 39
seconds and the chord of said curve bears South 62 degrees 59 minutes 39
seconds West; thence South 65 degrees 37 minutes 28 seconds West 118.60 feet;
thence South 24 degrees 22 minutes 32 seconds East 24.00 feet; thence South 65
degrees 37 minutes 28 seconds West 284.19 feet; thence North 88 degrees 18
minutes 32 seconds West, parallel with the north line of said Southwest Quarter,
40.97 feet; thence South 65 degrees 37 minutes 28 seconds West 997.25 feet;
thence North 88 degrees 18 minutes 32 seconds West, parallel with the North line of
Resolution 01-20 - Continued April 17, 2001
said Southwest Quarter, 13.65 feet; thence South 65 degrees 37 minutes 28
seconds West 207.98 feet; thence South 24 degrees 22 minutes 32 seconds East,
at right angles to said right of way line, 561.83 feet; thence South 29 degrees 21
minutes 15 seconds West 56.78 feet; thence South 88 degrees 55 minutes 44
seconds East 386.90 feet to a point distant 1789.95 feet south of the north line of
said Southwest Quarter and 1522.26 feet east of the west line of said Southwest
Quarter; thence South 01 degrees 04 minutes 16 seconds west, parallel with the
west line of said Southwest Quarter, 404.87 feet to a point 429.00 feet north of the
south line of said Southwest Quarter; thence South 88 degrees 13 minutes 43
seconds East, parallel with the South line of said Southwest Quarter, 844.51 feet to
a point 410.00 feet west of the east line of said Southwest Quarter; thence North 01
degrees 41 minutes 31 seconds East, parallel with the east line of said Southwest
Quarter, 164.00 feet; thence South 88 degrees 13 minutes 43 seconds East, parallel
with the south line of said Southwest Quarter 80.00 feet to the west line of Glendale
2nd Addition; thence North 01 degrees 41 minutes 31 seconds East, along said
west line, 719.48 feet to the northwest corner thereof; thence South 88 degrees 16
minutes 08 seconds East, along the north line thereof, 330.00 feet to the East line of
said Southwest Quarter; thence North 01 degrees 41 minutes 31 seconds East,
along said East line, 997.13 feet to the point of beginning. Except therefrom the
East 30.00 feet of the North 1155 feet of said Southwest Quarter lying southerly of
the right of way of the Minneapolis, Northfield, and Southern Railroad deeded to the
City of Golden Valley per Document Number 3244930, files of the Country
Recorder, Hennepin County, Minnesota; TOGETHER WITH:
That part of the Southwest quarter of Section 19, Township 29, Range 24 described
as follows: Commencing at the Northeast corner of said Southwest Quarter; thence
South 01 degrees 41 minutes 31 seconds West, assumed bearing, along the East
line of said Southwest Quarter a distance of 315.58 feet to the Southeasterly right of
way line of the Soo Line Railroad Company, formerly the Minneapolis, Northfield
and Southern Railroad; thence Southwesterly 71.69 feet along said right of way line
on a non-tangential curve, concave to the Northwest having a radius of 3,859.50
feet, a central angle of 01 degrees 03 minutes 51 seconds and the chord of said
curve bears South 59 degrees 49 minutes 54 seconds West; thence North 29
degrees 38 minutes 11 seconds West, continuing along said right of way line, 14
feet; thence Southwesterly 353.09 feet along a non-tangential curve, concave to the
Northwest having a radius of 3,845.50 feet, a central angle of 5 degrees 15 minutes
39 seconds and the chord of said curve bears South 62 degrees 59 minutes 39
seconds West; thence South 65 degrees 37 minutes 28 seconds West 118.60 feet;
thence South 24 degrees 22 minutes 32 seconds East 24 feet; thence South 65
degrees 37 minutes 28 seconds West 284.19 feet; thence North 88 degrees 18
minutes 32 seconds West, parallel with the North line of said Southwest Quarter,
40.97 feet; thence South 65 degrees 37 minutes 28 seconds West 997.25 feet;
thence North 88 degrees 18 minutes 32 seconds West, parallel with the North line of
said Southwest Quarter, 13.65 feet; thence South 65 degrees 37 minutes 28
Resolution 01-20 - Continued April 17, 2001
seconds West 207.98 feet to the actual point of beginning of the land to be
described, hereinafter referred to as "Point A"; thence Southeasterly at right angles
from said right of way line 561.83 feet; thence South 29 degrees 21 minutes 15
seconds West to the Northeasterly right of way line of State Highway No. 100, as
described in Doc. No. 819684; thence Northwesterly along said Northeasterly right
of way line to the Southeasterly right of way line of the Soo Line Railroad Company,
which line bears South 65 degrees 37 minutes 28 seconds West from "Point A"
above; thence North 65 degrees 37 minutes 28 seconds East along said right of
way to the point of beginning; TOGETHER WITH:
The North 50 feet of the following described land:
That part of the Southwest Quarter of Section 19, Township 29, Range 24 described
as follows: Commencing at the Northeast corner of said Southwest Quarter; thence
South 01 degrees 41 minutes 31 seconds West, assumed bearing, along the East
line of said Southwest Quarter a distance of 315.58 feet to the Southeasterly right of
way line of the Soo Line Railroad Company, formerly the Minneapolis, Northfield
and Southern Railroad; thence Southwesterly 71.69 feet along said right of way line
on a non-tangential curve, concave to the Northwest having a radius of 3,859.50
feet, a central angle of 01 degrees 03 minutes 51 seconds and the chord of said
curve bears [South] 59 degrees 49 minutes 54 seconds West; thence North 29
degrees 38 minutes 11 seconds West, continuing along said right of way line, 14
feet; thence Southwesterly 353.09 feet along a non-tangential curve, concave to the
Northwest having a radius of 3,845.50 feet, a central angle of 5 degrees 15 minutes
39 seconds and the chord of said curve bears South 62 degrees 59 minutes 39
seconds West; thence South 65 degrees 37 minutes 28 seconds West 118.60 feet;
thence South 24 degrees 22 minutes 32 seconds East 24 feet; thence South 65
degrees 37 minutes 28 seconds West 284.19 feet; thence North 88 degrees 18
minutes 32 seconds West, parallel with the North line of said Southwest Quarter,
40.97 feet; thence South 65 degrees 37 minutes 28 seconds West 997.25 feet;
thence North 88 degrees 18 minutes 32 seconds West, parallel with the North line of
said Southwest Quarter, 13.65 feet; thence South 65 degrees 37 minutes 28
seconds West 207.98 feet; thence Southeasterly at right angles from said right of
way line 561.83 feet; thence South 29 degrees 21 minutes 15 seconds West 56.78
feet to the actual point of beginning of the land to be described; thence South 29
degrees 21 minutes 15 seconds West to the Northeasterly right of way line of State
Highway No. 100, as described in Registrar of Titles Doc. No. 819684; thence
Southeasterly along the Northeasterly right of way line to the Northerly right of way
line of said State Highway, as described in CR Doc. No. 5362482; thence Easterly
and Northeasterly along said Northerly right of way line to the East line of the West
1522.26 feet of said Southwest Quarter; thence Northerly parallel with the West line
of said Southwest Quarter to a point 1789.95 feet Southerly from the North line of
said Southwest Quarter; thence Westerly in a straight line to the point of beginning.
Resolution 01-20 - Continued April 17, 2001
VACATING HEREBY that certain easement created by Document No. 4281467, of
record in Hennepin County, Minnesota, and being described as follows:
A 15-foot perpetual easement for watermain purposes, being 7-1/2 feet on each
side of the following described line:
Commencing at a point on the South line of Section 19, Township 29, Range 24,
also being the center line of Glenwood Avenue, a distance of 383.00 feet West as
measured along said South line from the Southeast corner of Southwest quarter of
said Section 19; then North parallel to the East line of the Southwest quarter of said
Section 19 a distance of 568.00 feet; thence along a curve to the left a distance of
127.87 feet, central angle of 37 degrees 41 minutes, a radius of 194.41 feet; thence
Northwesterly tangent to last described curve a distance of 253.17 feet; thence
along a curve to the right a distance of 163.98 feet, central angle of 37 degrees 42
minutes, a radius of 249.22 feet; thence North tangent to last described curve a
distance of 219.04 feet to the beginning of the line to be described: Thence
deflecting to the left 87 degrees 52 minutes 11 seconds a distance of 263.03 feet;
thence deflecting to the right 12 degrees 02 minutes 04 seconds a distance of
105.35 feet; thence deflecting to the left 15 degrees 10 minutes 41 seconds a
distance of 196.58 feet; thence deflecting to the left 42 degrees 30 minutes 57
seconds a distance of 70.77 feet; thence deflecting to the right 43 degrees 47
minutes 11 seconds a distance of 91.97 feet; thence deflecting to the right 43
degrees 01 minutes 49 seconds a distance of 139.95 feet; thence deflecting to the
right 46 degrees 31 minutes 12 seconds a distance of 153.50 feet; thence deflecting
to the right 43 degrees 35 minutes 41 seconds a distance of 228.62 feet; thence
deflecting to the right 23 degrees 37 minutes 27 seconds a distance of 74.82 feet;
thence deflecting to the right 7 degrees 05 minutes 56 seconds a distance of 186.36
feet; thence deflecting to the left 35 degrees 49 minutes 33 seconds a distance of
77.02 feet; thence deflecting to the right 25 degrees 49 minutes 56 seconds a
distance of 126.79 feet; thence deflecting to the right 8 degrees 42 minutes 57
seconds a distance of 240.38 feet; thence deflecting to the right 18 degrees 40
minutes 41 seconds a distance of 140.67 feet; thence deflecting to the right 13
degrees 09 minutes 12 seconds a distance of 146.73 feet; thence deflecting to the
right 38 degrees 55 minutes 56 seconds a distance of 216.60 feet and said line
there terminating.
VACATING HEREBY that portion of that certain sanitary sewer easement, created
by Document No. 3050602 of record in Hennepin County, Minnesota, which is
contained within the Breck Parcel as hereinabove described; the portion of said
easement being vacated is described as follows:
Resolution 01-20 - Continued April 17, 2001
A sanitary sewer easement over a strip of land 10 feet in width being all that part of
said Breck Parcel which lies within a distance of 5 feet on each side of the following
described line: Commencing at a point on the East line of the Southwest 1/4 of
Section 19, Township 29, Range 24, distant 563 feet North of the Southeast corner
thereof; thence running Westerly parallel with the South line of said Southwest 1/4
for 410.00 feet to a point on an easterly line of said Breck Parcel, being the point of
beginning of the line to be described; thence continuing Westerly parallel with the
South line of said Southwest 1/4 for 745.95 feet to a point 1622.26 feet East of the
West line of said Southwest 1/4; thence deflecting to the left 45 degrees 31 minutes
and running Southwesterly for 140.97 feet to a point in a westerly line of said Breck
Parcel, and there terminating; the side lines of said 10-foot easement strip, herein
vacated, being extended or shortened as necessary to form points of intersection,
and to terminate in the easterly and westerly lines of said Breck Parcel.
VACATING HEREBY all that part of that certain 15-foot wide perpetual easement for
sanitary sewer purposes, created by Document No. 4234565 of record in Hennepin
County, Minnesota, and contained within said Breck Parcel; said perpetual
easement being 7.5 feet on each side of the following described centerline:
Beginning at a point 429.0 feet North of the South line of the Southwest Quarter of
Section 19, Township 29, Range 24, and 773.07 feet west of the East line of said
Southwest Quarter; thence Westerly, parallel to the South line of said Southwest
Quarter a distance of 241.68 feet; thence deflecting to the right 36 degrees 35
minutes 15 seconds a distance of 190.0 feet, more or less, and there terminating;
the side lines of said 15-foot strip being shortened or extended as necessary to form
points of intersection, and to terminate in the southerly line of said Breck Parcel.
VACATING HEREBY that certain public utility easement over vacated Ottawa
Avenue as reserved in Resolution filed as Document No. 4610246, of record in
Hennepin County, Minnesota, said easement being located upon a strip of land 50
feet wide whose centerline is described as follows:
Commencing at a point on the South line of Section 19, Township 29, Range 24, a
distance of 383.0 feet West, as measured along said South line, from the Southeast
corner of the Southwest one-quarter of said Section 19; thence North parallel to the
East line of the Southwest one-quarter of said Section 19, a distance of 568 feet;
thence along a curve to the left a distance of 127.87 feet with a central angle of 37
degrees, 41 minutes and a radius of 194.41 feet; the actual point of beginning being
the intersection of the afore-described centerline with a line drawn 593.0 feet North
of and parallel to the South line of said Section 19; thence Northwesterly, tangent to
the last described curve, a distance of 253.17 feet; thence along a curve to the right
a distance of 163.98 feet with a central angle of 37 degrees, 42 minutes and a
radius of 249.22 feet; thence North tangent to the last described curve, a distance of
218.12 feet; thence along a curve to the right a distance of 73.57 feet with a central
Resolution 01-20 - Continued April 17, 2001
angle of 37 degrees, 03 minutes, 30 seconds and a radius of 113.75 feet; thence
Northeasterly, tangent to the last described curve a distance of 253.75 feet; thence
along a curve to the right a distance of 73.32 feet with a central angle of 16 degrees
18 minutes and a radius of 257.72 feet; thence Northeasterly tangent to the last
described curve a distance of 413.85 feet, thence along a curve to the right a
distance of 73.14 feet with a central angle of 36 degrees, 36 minutes and a radius of
114.50 feet, to a point on the East line of the Southwest one-quarter of said Section
19 distance of 1817.10 feet North as measured along the East line of said
Southwest one-quarter, from the Southeast corner thereof and there terminating.
VACATING HEREBY that certain easement for storm water retention and detention
purposes, created by Document No. 4912273 of record in Hennepin County,
Minnesota, and referred to therein as "Easement No. 1", being described as follows:
Beginning at the point of intersection of the easterly right-of-way line of State
Highway No. 100 with the southeasterly right-of-way line of the Minneapolis,
Northfield and Southern Railway; thence northeasterly along said southeasterly
right-of-way line a distance of 540.0 feet; thence southeasterly, deflecting to right 61
degrees 30 minutes 00 seconds a distance of 320.0 feet, thence southwesterly,
deflecting to right 69 degrees 00 minutes 00 seconds a distance of 180.0 feet;
thence southerly, deflecting to the left 35 degrees 00 minutes 00 seconds, a
distance of 190.0 feet; thence westerly, deflecting to the right 90 degrees 00
minutes 00 seconds, a distance of 105.0 feet; thence southwesterly, deflecting to
the left 41 degrees 30 minutes 00 seconds a distance of 327 feet, more or less, to
the easterly right-of-way line of State Highway No. 100; thence northerly along said
easterly right-of-way line to the point of beginning.
VACATING HEREBY the following, created by Document No. 4912273, of record in
Hennepin County, Minnesota, and referred to therein as "Easement No. 3":
Two 20.0 foot wide perpetual easements for storm sewer purposes over, under and
across the following described property (the "City Parcel"):
That part of the Southwest Quarter of Section 19, Township 29, Range 24,
described as follows: Commencing at a point on the West line of said quarter
section, which point is located 1089.95 feet South of the Northwest corner of said
quarter section and forms the Southwest corner of the North 70 acres of said
quarter section, thence East along the South line of said 70 acre tract 1522.26 feet,
thence South parallel with the West line of said quarter section 650 feet, thence
West at right angles to said parallel line 360 feet which is the point of beginning of
the tract to be described, thence northwesterly along a line drawn at right angles to
the center line of the railroad right of way of the Minneapolis, Northfield and
Southern Railway to the intersection of the Southeasterly right of way line thereof,
thence Southwesterly along said Southeasterly right of way line to its intersection
Resolution 01-20 - Continued April 17, 2001
with the Easterly line of the right of way of State Trunk Highway No. 100, thence
Southeasterly along said Easterly line of the highway as originally laid out 822.11
feet, thence Northeasterly 395 feet more or less to point of beginning, excepting
therefrom that portion of the premises taken for highway purposes, and subject to
roads and highways as now existing over and across said premises.
The centerline of the first such perpetual easement is described as follows:
Commencing at the most southerly corner of the City Parcel; thence northeasterly
along the southeasterly line of the City Parcel, a distance of 25.0 feet to the point of
beginning of the centerline to be described; thence northwesterly, deflecting to the
left 79 degrees 00 minutes 00 seconds a distance of 225.0 feet; thence northerly,
deflecting to the right 15 degrees 00 minutes 00 seconds, a distance of 320.0 feet;
thence northerly, deflecting to the right 45 degrees 00 minutes 00 seconds a
distance of 75.0 feet, and said centerline there terminating.
The centerline of the second such perpetual easement is described as follows:
Commencing at the most southerly corner of the City Parcel; thence northeasterly
along the southeasterly line of the City Parcel, a distance of 25.0 feet; thence
northwesterly, deflecting to the left 79 degrees 00 minutes 00 seconds, a distance of
225.0 feet to the point of beginning of the centerline to be described; thence
southwesterly, deflecting to the left 81 degrees 00 minutes 00 seconds, to the
intersection with the easterly right of way of State Trunk Highway No. 100, and said
centerline there terminating.
EXCEPTING AND RESERVING to the City of Golden Valley that certain easement
created by Document No. 4912273, of record in Hennepin County, Minnesota, being
referred to therein as "Easement No. 2", and being a 32-foot wide perpetual
easement for storm sewer purposes, the centerline of which easement is described
as follows:
Commencing at the point of intersection of the easterly right-of-way line of State
Highway No. 100 with the southeasterly right-of-way line of the Minneapolis,
Northfield and Southern Railway; thence northeasterly along said southeasterly
right-of-way line a distance of 492.05 feet; thence southerly, deflecting to the right
90 degrees 00 minutes 00 seconds, a distance of 55.0 feet; thence southwesterly,
deflecting to the right 45 degrees 00 minutes 00 seconds a distance of 50.0 feet to
the point of beginning of the centerline to be described; thence northeasterly along
the last described course to its intersection with a line that is 16.0 feet southeasterly
of and parallel with the southeasterly right-of-way line of the Minneapolis, Northfield
and Southern Railway, said 16.0 feet being measured perpendicular to said
centerline; thence northeasterly along said parallel line, and its extension, 490.0
feet; thence northerly, deflecting to the left, 45 degrees 00 minutes 00 seconds to
Resolution 01-20 - Continued April 17, 2001
the southeasterly right-of-way line of the Minneapolis, Northfield and Southern
Railway, and said easement centerline there terminating.
Mary E. derson, Mayor
ATTEST:
JI-1,�zi N- Me.''aa"_A
Shirley J. N Ison, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member LeSuer
and upon a vote being taken thereon, the following voted in favor thereof: Anderson,
Bakken, Johnson, LeSuer and Micks; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.