ITEM: 10.6 CONSENT AGENDA - Jean M. Keely, City Engineer
SECOND READING
Title
VACATION OF PUBLIC EASEMENT FOR ROADWAY PURPOSES
PER DOCUMENT NOS. 311736 AND 311900
VACATION NO. V13-07
Background
The Public Hearing was conducted on April 3, 2014. No questions from the public were received. The vacation of public easement for roadway purposes is being requested as the easement is no longer needed with the proposed development of a Walmart on this property. The easement was originally recorded as a part of the original I35W project. The applicant is a single property owner who represents 100% of the affected property abutting this easement. The Engineering Department has reviewed this request and concurs with the vacation.
Ordinance No. 14-2281 was introduced for first reading at the April 3, 2014 Council meeting and is presented at this time for adoption.
Schedule of Actions
03/06/2014 |
Receive Petition and Order Public Hearing |
04/03/2014 |
Public Hearing and First Reading |
04/17/2014 |
Second Reading |
04/25/2014 |
Publish Ordinance |
05/27/2014 |
Ordinance Available for Recording |
Recommendation
By motion, approve Ordinance No. 14-2281.
Body
CHAPTER 207
THE CITY OF BLAINE DOES ORDAIN: Chapter 207 is adopted as an Ordinance of the City of Blaine to read: (Added portions are underscored and deleted portions are shown in brackets with overstrike.)
Chapter 207 - Vacation of Public Easement for Roadway Purposes
207.01 - That particular roadway easement, originally reserved in Doc. No. 311736, and now to be vacated, described as follows:
A perpetual public easement for roadway purposes over and upon the westerly forty feet (W'ly 40') of the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4), Section 24, Township 31, Range 23, except the South three hundred forty feet (S. 340') of the West five hundred feet (W. 500') of said Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) lying easterly and adjacent to the permanent right of way, including slopes, cuts and fills acquired by the State of Minnesota and described in Book 672 at page 574, Anoka County Records, all according to the United States Government Survey thereof. That said forty foot tract shall be measure at right angles to said highway easement and adjacent thereto and shall commence at the South point of present access to Lexington Avenue and continue in a northerly direction across said Southwest Quarter (SW1/4) of the Northwest Quarter (NW1/4).
Together with:
That part of the roadway easement, originally granted in Doc. No. 311900, and now to be vacated, described as follows:
A perpetual public easement for roadway purposes over and upon the Westerly 40 feet of the following described tract lying adjacent to Interstate Highway No. 35W and measured at right angles thereto, to-wit:
That part of the south half of the northwest quarter of Section 24, Township 31 N, Range 23 W, Anoka County, Minnesota, described as follows:
Commencing at the west quarter corner of said Section 24, thence east along the south line of the south half of the northwest quarter, a distance of 545 feet to the point of beginning, on the southeasterly line of Interstate No. 35W; thence continuing east along the south line of said south one-half of the northwest quarter, a distance of 2060 feet to the southeast corner thereof; thence northerly along the east line of the south half of the northwest quarter of Section 24, a distance of 1310.1 feet to the northeast corner thereof; thence westerly along the north line of the south one-half of the northwest quarter, 699.9 feet to the point of intersection with the southeasterly line of Interstate No. 35W; thence southwesterly along said highway line, 1914.3 feet to the point of beginning. Said tract contains 42.9 acres, more or less, and is subject to a 100 foot wide pipeline easement along the east line thereof, and to other easements and reservation of record.
Which lies within the following described property:
The Northwest Quarter of the Southwest Quarter of Section 24, Township 31, Range 23, Anoka County, Minnesota, except the south 340 feet of the west 500 feet of the Northwest Quarter of the Southwest Quarter of Section 24. Also except that part thereof taken for Interstate Highway No. 35W as shown on Final Certificate as recorded in Book "1023", Page 18. Also except that part of the Northwest Quarter of the Southwest Quarter of Section 24, included in the plat of Belmont Acres. (Abstract)
AND
That part of the North Half of the Northeast Quarter of the Southwest Quarter, Section 24, Township 31, Range 23, Anoka County, Minnesota, lying west of the east 556.2 feet of said North Half of the Northeast Quarter of the Southwest Quarter and northwesterly of the centerline of the permanent easement for street purposes over Parcel No. 6 as described in Final Certificate, Registrar of Titles Document No. 96668. (Torrens Certificate Number 91073)
AND
That part of the Southwest Quarter of the Northwest Quarter of Section 24, Township 31, Range 23, Anoka County, Minnesota, lying southeasterly of the southeasterly right-of-way line of Interstate No. 35W as monumented. (Abstract)
207.02 - Said vacation has been made after Notice of Public Hearing in conformance with Minnesota Statutes and pursuant to Chapter 12, Section 12.06, of the City Charter of the City of Blaine.
INTRODUCED AND READ in full the 3rd day of April, 2014.
PASSED by the City Council of the City of Blaine this 17th day of April, 2014.