19-48 - 09-03 - Vacate Easement at 424 Turnpike Road RESOLUTION NO. 19-48
RESOLUTION VACATING EASEMENT AT 424 TURNPIKE ROAD
WHEREAS, the City Council of the City of Golden Valley, pursuant to due notice,
has conducted a public hearing on the vacation of an easement on the property commonly
known as 424 Turnpike Road, legally described as follows:
That part of Tract A lying Southeasterly of a line and its Northeasterly extension
drawn from the most Southwesterly corner of said Tract A to a point in the
Northeasterly line of said Tract A distant 5 feet Northwesterly from the Southeast
corner thereof; Tract B, Registered Land Survey No. 1335, Hennepin County,
Minnesota (the "Subject Property").
WHEREAS, all persons present were given the opportunity to be heard; and
WHEREAS, no public utilities exist within the flowage easement proposed for
vacation; and
WHEREAS, the City has evaluated its interest and use of the property; 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 City 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 easement located in the Subject Property and legally described below be
vacated:
A variable width flowage easement lying within Tract B, Registered Land Survey No. 1335,
Hennepin County, MN. Said easement to be vacated is described as follows:
A flowage easement over that part portion of Tract B, RLS #1335, which lies below
an elevation of 883 feet sea level datum (U.S.C.G.S.) this easement being for the
purpose of permitting the overflow and flooding of that certain municipal drainage
ponding area lying at the westerly portion of the premises described above and as a
permanent waiver by grantors for themselves and their heirs and assigns of any and
all claims for damages, past, present or future, which may exist or may result from
the overflowing or flooding unto the premises described herein.
Adopted by the City Council of Golden Valley, Minnesota this 3rd day of September, 2019.
ShepArd M. arris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk