RESOLUTION NO. 12-07

 

IN RE:            Resolution for vacating ten feet of a thirty-three foot wide right-of-way easement currently running in favor of the City of Deephaven at the intersection of Minnetonka Boulevard and Maplewood Road

 

WHEREAS,  the Stonehenge USA has made application to the City Council for a vacation of the easterly ten feet of the thirty-three foot easement created in August 1976 and running in favor of the City of Deephaven; and

 

WHEREAS,  a public hearing was held on June 4, 2007 before the City Council in the city hall after due published and posted notice had been given by the clerk on May 15, 2007, a reasonable attempt was made to give personal notice to all affected property owners and all persons interested were given an opportunity to be heard; and

 

WHEREAS,  any person, corporation or city owning or controlling easements contained upon the property vacated, reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or other attend hereto; and

 

WHEREAS,  it appears that it will be in the best interest of the city to vacate such easement; and

 

WHEREAS,  four-fifths of all members of the City Council concur in this resolution;

 

NOW, THEREFORE, BE IT RESOLVED, that the portion of the right-of-way easement

described as follows is hereby vacated:

 

The east 10.00 feet of the west 33.00 feet lying northerly of the south 33.00 feet of that part of the

West 30 acres of the Southwest Quarter of the Northeast Quarter of Section 18, Township 117,

Range 22, described as follows:

 

                        Commencing at the Southwest corner of the Southwest Quarter of the Northeast Quarter of Section 18, Township 117, Range 22; thence North 133 feet, along the West line of said Southwest Quarter of said Northeast Quarter; thence East parallel with the South line of said Northeast Quarter 128 feet; thence South parallel to the West line of said Southwest Quarter of said Northeast Quarter to a point in the South line of said Northeast Quarter 128 feet East of the Southwest corner of the Southwest Quarter of said Northeast Quarter measured along the South line of said Southwest Quarter of said Northeast Quarter; thence West along the South line of said Northeast Quarter 128 feet to the point of beginning.

 

ADOPTED THIS 4TH DAY OF JUNE, 2007 BY THE CITY COUNCIL OF DEEPHAVEN, MINNESOTA.

 

 

                                                                                    _____________________________

                                                                                    Paul Skrede, Mayor

ATTEST:

 

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Dana Young, City Administrator