Res 2003 -78 Approving Vacation of a Drainage and Utility EasementCity of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 03-78
A RESOLUTION APPROVING VACATION OF A
DRAINAGE AND UTILITY EASEMENT
WHEREAS, the City of Mendota Heights is the current record owner of a
drainage and utility easement as described as follows;
A permanent easement for drainage and utility purposes; said parcels described as
follows:
1. A permanent easement for drainage and storm water. storage purposes over, under and
across all that portion of the Real Property lying North, Northwesterly and Westerly of
the green line as set forth on Exhibit B attached hereto and incorporated herein.
Burow hereby reserves the right to reasonably modify the location of the boundaries of
the above-described drainage easement at such time as Burow shall subdivide any portion
of the Real Property not included within the drainage easement. Provided, however, that
prior to any such modification, Burow shall notify the City in writing of his intent to so
modify the drainage easement and, further provided, that as a result of any such
modification, the City shall not at any time have less than sixteen (16) acre feet of storage
capacity for drainage purposes. The City's prior written consent to such. modification
shall be required, which consent shall not be unreasonably withheld. If Burow shall so
modify the drainage easement, Burow may modify the maintenance easement
accordingly.
2. A permanent easement for purposes of maintaining the easement area described in
Paragraph I hereof, over, under and across that portion of the Real Property lying
between the green line and the red line as set forth on Exhibit B hereto.
3. A permanent easement for drainage and utility purposes over, under and across that
portion of the Real Property described as follows: A strip of land twenty (20) feet wide,
the center line of which is described as follows: Beginning at a point on the East line,
said point being 208.0 feet North of the Southeast comer of the Real Property, thence
Westerly at an angle of 90 degrees to the aforesaid East line a distance of 136 feet, thence
Northwesterly at a deflection angle to the right of 33 degrees and extending 300
feet,more or less, to the extreme low water line of Burow Pond and there terminating.
4. An easement for purposes of ingress to and egress from the Real Property,
including without limitation the right of the Grantee, its agents, servants and contractors,
to enter upon the Real Property at all reasonable times to construct, reconstruct, inspect,
repair and maintain underground pipes, conduits, manholes and/or mains of the City
municipal sewer systems, over and across that portion of the Real Property described as
follows:
A strip of land twenty (20) feet wide, the center line of which is described as
( follows: Beginning at a point on the East line, said point being 208.0 feet North
of the Southeast corner of the Real Property, thence Westerly at an angle of 90
degrees to the aforesaid East line a distance of 136 feet, thence Northwesterly at a
deflection angle to the right of 33 degrees and extending 300 feet, more or less, to
the extreme low water line of Burow Pond and there terminating.
(Document Number 578198)
WHEREAS, a notice of hearing on said vacation has been duly published and
posted more than two weeks before the date scheduled for the hearing on said vacation,
all in accordance with the applicable Minnesota Statutes; and
WHEREAS, the City Council then proceeded to hear all persons interested in
said vacation and all persons were afforded an opportunity to present their views and
objections to the granting of said petition.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights, Minnesota, as follows:
1. That the vacation of the drainage and utility easements described above,
situated in the City of Mendota Heights, is in the best interest of the public
and the City, and is not detrimental to the health, safety and welfare of the
community.
2. That the above described drainage and utility easements be and the same is
hereby vacated.
3. That the City Clerk be and is hereby authorized and directed to prepare and
present to the proper Dakota County officials a notice of completion of these
vacation proceedings, all in accordance with the applicable Minnesota
Statutes.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
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Katfileen M. Swanson, City Clerk