HomeMy WebLinkAbout5.y. Mullikin Quit Claim �
t .
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: December 21, 1993
AGENDA ITEM: Mullikin Quit Claim AGENDA SECTION:
Consent
PREPARED BY: Ron Wasmund AGENDq��M 1L �tj
Interim City Administrator 6 �f �
ATTACHMENTS: Resolution AP V Y:
I have been contacted by Mr. LeRoy Mullikin regarding the lot split he is currently
undertaking. Part of the process is to combine a part of excess right-of-way for Shannon
Parkway with his current platted lot. This excess right-of-way which is adjacent to
Mullikin's must be quit claimed from the City to Mullikin.
The Quit Claim document, as originally prepared, had a problem in the legal description.
This {egal description and quit claim document has been redrafted by Mullikin's attorney.
They are requesting we pass a resolution passing the legal description.
The previous document was approved by Council. I think it is appropriate to pass the
revised documents. The new legal description as drafted by Mullikin's surveyor, has been
incorporated into a resolution by Terry Rueb, attorney for Mullikin. This document will
allow for corrections in title to be accomplished. New quit claims will be executed and
Mr. Mullikin will be able to proceed with his lot split.
RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION CORRECTlNG THE LEGAL
DESCRIPTION FOR EXCESS RIGHT-OF-WAY.
COUNCIL ACTION:
7
, �.
Resolution 1993 -
according to the recorded plat thereof on file in the office of the County Recorder,
Dakota County, Minnesota, said point of the intersection being the point of beginning
of the parcel to be described; thence North 89 degrees 48 minutes, 59 seconds East ,,
a distance of 21 .95 feet along said north line produced easterly to the point of
intersection with the northerly production of the east line of BROBACK SECOND
ADDITION as said east line is shown on the recorded plat of SHANNON PARK 1 ST
ADDITION; thence South 1 degree 02 minutes 34 seconds East a distance of 140.06
feet along the northerly production of said east line, to the point of intersection with
the easterly production of the south line of said Lot 1 , Block 1 , EVERGREEN ACRES;
thence South 89 degrees 49 minutes, 03 seconds West a distance of 20.69 feet,
along the easterly production of said south line, to the point of intersection with said
west line of Shannon Parkway; thence North 00 degrees 31 minutes 38 seconds East
along said west line of Shannon Parkway to the point of beginning.
ADOPTED this 21 st day of December, 1993.
E. B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk
MOTION BY: SECONDED BY:
VOTED FOR:
VOTED AGAINST:
2
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1993 -
A RESOLUTION CORRECTING THE
LEGAL DESCRIPTION FOR EXCESS RIGHT-OF-WAY
WHEREAS, the City Council at its regular meeting of September 6, 1988 approved a
petition for excess right-of-way vacation on Shannon Parkway described as follows, to-
wit:
Beginning at the nortfieast corner of Lot 1, Block 1, Evergreen Acres Addition as
recorded in the Registrar of Deeds Office, Dakota County, Minnesota; thence North
89 degrees, 48 minutes, 59 seconds East (assumed bearing) a computed distance of
21.90 feet (not a surveyed distance) to a point on the old and incorrect East line of
the Southwest Quarter; thence South 1 degree, 00 minutes, 55 seconds West
(assumed bearing), along the old and incorrect east line of the Southwest Quarter a
computed distance of 140.00 (not a surveyed distance); thence South 89 degrees,
48 minutes, 59 seconds West a distance of 20.73 feet to the southeast corner of Lot
1 , Block 1, Evergreen Acres; thence North 0 degrees, 31 minutes, 57 seconds East
along the platted east line of Evergreen Acre a distance of 139.98 feet to the point of
beginning; and
WHEREAS, the above legal description drafted by the City of Rosemount at the time of said
vacation is inadequate to legally describe the vacated property; and
WHEREAS, an improved legal description for the vacated property is now available as a result
of a survey done in 1992 by Paul R. McLagan & Son, Minnesota Registered Land Surveyors;
and
WHEREAS, said surveyors have sent the City of Rosemount a letter stating that the
surveyors believe that the improved legal description is the same property inadequately
described at the time of the vacation in 1988; and
WHEREAS, the City of Rosemount at its regular meeting of December 21 , 1993, received
a request for a Resolution correcting the legal description of the vacated property; and
WHEREAS, it appears that it will be in the best interests of the City of Rosemount and any
affected property owners to improve the adequate legal description.
NOW, THEREFORE, BE IT RESOLVED, that the excess right-of-way vacation on a portion of
Shannon Parkway, as approved in Resolution 1988-98 by the City Council at its regular
meeting of September 6, 1988, is more adequately described as follows:
Commencing at the northwest corner of said plat of SHANNON PARK 1 ST ADDITION;
thence South 0 degrees 31 minutes 38 seconds West (bearing assumed) along the
west line of said plat of SHANNON PARK 1 ST ADDITION, said west line also being the
west line of Shannon Parkway, a distance of 50.00 feet to the point of intersection
with the easterly production of the north line of Lot 1, Block 1 , EVERGREEN ACRES,