Resolution - 12-16: Vacate Utility Easement Pres. Homes•
CITY OF SPRING PARK
SPRING PARK, MINNESOTA
RESOLUTION 12 - 16
A RESOLUTION TO VACATE A UTILITY EASEMENT AND TERMINATE
CERTAIN EASEMENT AGREEMENTS REGARDING THE PRESBYTERIAN
HOMES CAMPUS
WHEREAS, Presbyterian Homes Housing and Assisted Living, Inc. (the
"Developer") and the City of Spring Park (the "City") entered into a Development
Agreement dated December 21, 2009 for the re -development of certain property on the
Presbyterian Homes campus located on Shoreline Drive in the City (the "Project"); and
WHEREAS, the Project involved, in part, the installation of new utilities and the
relocation of certain existing utilities on the property in accordance with plans and
specifications approved by the City; and
WHEREAS, a new plat for the area entitled "PRESBYTERIAN HOMES ON
LAKE MINNETONKA" was approved by the City and recorded with the Hennepin
County Recorder's Office as part of the Project which plat dedicates to the public new
drainage and utility easements on the property; and
• WHEREAS, the Developer has completed installation of utilities and relocation
of certain existing utilities in the utility easements as dedicated on the new plat in
conformance with the Project plans; and
WHEREAS, the public easements described in the easement agreements
recorded as Doc. Nos. 1479880, 4658783, 4658790, 4658791, 4658792, 4706474,
4744287 and 5898504, and the public easements described on the attached Exhibit A
have been superceded by the public easements dedicated on the final plat for
PRESBYTERIAN HOMES ON LAKE MINNETONKA and the City Engineer and
Utility Superintendent have verified that the easements dedicated on the final plat for
PRESBYTERIAN HOMES ON LAKE MINNETONKA are sufficient for operation and
maintenance of the City's public utilities; and
WHEREAS, a public hearing to consider the vacation and termination of
easements was held before the City Council on December 5, 2011, and continued on
December 19, 2011, after due published, posted and mailed notice, and all interested and
affected persons were given an opportunity to voice their concerns and be heard; and
WHEREAS, the City Council found that it is in the public interest to terminate
the easement agreements relating to easements on the Presbyterian Homes campus as
described in the attached Exhibit A and vacate the utility easement as described in the
attached Exhibit B for the reasons set forth above; and
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• WHEREAS, Council action on the matter was delayed until the Developer
provided an accurate legal description for the easement to be vacated which legal
description was provided to City staff on August 2, 2012.
NOW, THEREFORE, in consideration of the foregoing, it is hereby:
RESOLVED: that the easement agreements relating to certain utility easements
on the Presbyterian Homes campus as described in the attached Exhibit A are hereby
terminated and that certain utility easement located on the Presbyterian Homes campus as
described in the attached Exhibit B is hereby vacated.
FURTHER RESOLVED: that the City Clerk is directed to prepare a Notice of
Completion of these proceedings to be presented to the Hennepin County Auditor and
recorded with the Hennepin County Recorder.
ADOPTED BY THE SPRING PARK CITY COUNCIL THIS 6th DAY OF
AUGUST, 2012.
APPROVED:
• �G (i� Ei1
ah Reinhardt, Mayor
•
ATTEST:
h It
WencYy ewin City Clerk
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EXHIBIT A
EASEMENT AGREEMENTS TO BE TERMINATED:
Doc. No. 1479880
Doc. No. 4658783
Doc. No. 4658790
Doc. No. 4658791
Doc. No. 4658792
Doc. No. 4706474
Doc. No. 4744287
Doc. No. 5898504
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EASEMENT TO BE VACATED:
EXHIBIT B
See attached - Description Sketch for: Lake Minnetonka Shores c/o Senior Housing
Partners prepared by Carlson McCain dated 8/01/12
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Description Sketch for: N
LAKE MINNETONKA SHORES C/O
SENIOR HOUSING PARTNERS
Existing Utility Eosement
West line of Lot 1, Block
LAKESHORE VILLAGE
i
/-Point of Beginning I I n Ll r \
L_
,o4 o Ito o' L A 1 r_ f
South wout Comer of Lot 1. 4g�Sa t/ i s 360[)` o L_ 1_/I I
Block 1. LAKESHORE VILLAGE-
✓� j South line of Lot 1, Block 1,15 LAKESHORE VILLAGE
A
f � 1
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L_ V I
Southwest Comer of Lot 2,
Block 1, LAKESHORE VILLAGE—, South line of Lot 2, Block 1,
15� LAKESHORE VILLAGE
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1VT j L L_ n V L-
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L_V 1 \/
LAB A NNgKE)NKA
UTIUTY EASEMENT TO BE VACATED:
That part of the utility easement as donated and dedicated on the plat of LAKESHORE VILLAGE, Hennepin County, Minnesota, lying over,
under, and across Lots 1, 2, and 3, Block 1, said plot, lying parallel with and 15.00 foot to the left of the following described line:
Beginning at a point on the West line of said Lot 1, distant 49.50 feet northerly of the Southwest corner of said Lot 1; thence
southeasterly to a point on the South line of said Lot 1, distant 17.50 feet easterly of the Southwest corner of said Lot 1;
thence southerly to a point on the South line of said Lot 2, distant 20.50 feet easterly of the Southwest corner of said Lot 2;
thence continuing along the southerly extension of the lost described line, 46.00 feet and said line there terminating.
and lying southerly of a line drawn parallel with and 10.00 feet to the right of the following described line and its northwesterly and
southeasterly extensions:
Commencing at the Southwest corner of said Lot 1; thence on on assumed bearing of North, along the West line of said Lot 1,
a distance of 49.50 feet; thence East at right angles to the lost described line 10.00 feet to the point of beginning of the line
to be described; thence South 72 degrees 30 minutes 00 seconds East, 102.00 feet and said line there terminating.
(� Carlson
McCain
ENVIRONMENTAL ^ ENGINEERING • SURVEYING
248 Apollo Or, Suite 100, Lino Lakes, PIN 55014
Phone: 763-489-7900 Fax: 763-489-7959
337 4067-Easement Vacation Sketch.dwg -
RNDENOTES UTILITY
EASEMENT TO BE VACATED
GRAPHIC SCALE
100 50 0 100
(IN FEET)
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