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13-056 - 06-18 - vacating portion of drainage, utility, walkway easement - the colonnade PUD #53 Resolution 13-56 June 1$, 2013 Member Pentel introduced the following resolution and moved its adoption: RESOLUTION VACATING PORTIONS OF A DRAINAGE AND UTILITY EASEMENT AND WALKWAY EASEMENT IN THE PLAT OF THE COLONNADE P.U.D. NO. 53 WHEREAS, the City Council of the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the vacation of a portion of a drainage and utility easement and a portion of a walkway easement in the recorded plat of The Colonnade P.U.D. No. 53, legally described as follows: Lot 4, Block 1, The Colonnade P.U.D. No. 53, Hennepin County, Minnesota (the "Subject Property"). WHEREAS, all persons present were given the opportunity to be heard; and WHEREAS, the Subject Property is proposed to be developed as shown in the approved plans titled, Arcata, located in the Engineering Office of Golden Valley City Hall; and WHEREAS, a condition of the development is the granting of easements for public right-of-way purposes and drainage and utility purposes, in the northwest corner of the Subject Property, to facilitate future intersection improvements at Xenia Avenue South and Golden Hills Drive; and WHEREAS, the approval of this resolution is contingent upon the granting of such easements; and WHEREAS, the City has evaluated its interest and use of the property and has determined that the easements granted are sufficient to replace the easements vacated herein; and WHEREAS, the Council has determined that the vacation will benefit the public interest because the vacation is predicted to foster economic growth in the Gity of Golden Valley and, on a greater scale, the State of Minnesota benefits by the projected measurable increase in tax revenue and general prosperity. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that said easements located in the property legally described below be vacated: That part of a drainage and utility easement dedicated in the plat of THE COLONNADE P.U.D. NO. 53, according to the recorded plat thereof, Hennepin County, Minnesota, being 10.00 feet wide and adjoining the northwesterly line of Lot 4, Block 1, of said plat; together with that part of a walkway easement reserved in document number 7797568, being 10.00 feet wide and adjoining the northwesterly line of Lot 4, Block 1, of said plat. Resolution 13-56 - Continued June 18, 2013 Q Shepa d M. Harris, M yor ATTEST: � � Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member Schmidgall upon a vote being taken thereon, the following voted in favor thereof: Harris, Pentel, Scanlon and Schmidgall; and the following was absent: Clausen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk.