92-046
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RESOLUTION ~ - 92
~ A RESOLUTION RELATING TO DOHERTY PETITION/GARDENDALE ROAD
WHEREAS, the petition of Thomas J. Doherty and Diane L. Doherty
(hereinafter "Petitioners") was duly filed with the City of
Shorewood on February 4, 1992, wherein Petitioners did represent as
follows:
1. That Thomas J. Doherty and Diane L. Doherty are the
owners of the property adjoining or abutting the easterly line
of that portion of Gardendale Road, a dedicated but undeveloped
public street in the City of Shorewood, described as follows:
That part of Gardendale Road dedicated in the plat of
Minnetonka Manor Second Addition which lies northerly
and easterly of the following described line:
Beginning at the point of intersection of the west
line of said Gardendale Road with a line parallel with
and 35 feet northeasterly of, measured at right angles
to, "Line A" described as follows:
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"Line A" being a line drawn from a point in the
Northwesterly line of Lot 1, Minnetonka Manor
Second Addition, distant 149.4 feet northeasterly
from the Northwesterly corner of said Lot 1 to a
point in the easterly line of said Lot 1 distant
106.36 feet south along said easterly line from
the Northeasterly corner of said Lot 1;
thence southeasterly parallel with said "Line A" a
distance of 32 feet; thence southeasterly deflecting
right 36 degrees to its intersection with the East
line of Gardendale Road, and said line there ending.
2. That Petitioners have an equitable interest in the property
abutting the west line of the north 106.36 feet of said Gardendale
Road as described above.
3. That Petitioner's driveway, as now maintained, and
residence encroach upon said Gardendale Road.
4. So long as an alternate intersection with and access to
said public street is provided from Manor Road, said portion of
Gardendale Road as described below would no longer be useable as a
public roadway or for any of the purposes for which it was
dedicated for public use.
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That Petitioners desire and request that the City Council
proceed to vacate said portion of that certain public street
described as follows:
That part of Gardendale Road dedicated in the plat of
Minnetonka Manor Second Addition which lies northerly
and easterly of the following described line:
Beginning at the point of intersection of the west
line of said Gardendale Road with a line parallel with
and 35 feet northeasterly of, measured at right angles
to, "Line A" described as follows:
"Line A" being a line drawn from a point in the
Northwesterly line of Lot 1, Minnetonka Manor
Second Addition, distant 149.4 feet northeasterly
from the Northwesterly corner of said Lot 1 to a
point in the easterly line of said Lot 1 distant
106.36 feet south along said easterly line from
the Northeasterly corner of said Lot 1;
thence southeasterly parallel with said "Line A" a
distance of 32 feet; thence southeasterly deflecting
right 36 degrees to its intersection with the East
line of Gardendale Road, and said line there ending.
That said vacation be contingent upon Petitioners deeding to
the City of Shorewood on or before June 30, 1992, fee title to the
following described property:
The Southwesterly 35 feet of the following described
parcel: That part of Lot 1, Minnetonka Manor Second
Addition, lying Northwesterly of a line drawn from a
point in the Northwesterly line thereof distant 149.4
feet Northeasterly from the Northwesterly corner
thereof to a point in the Easterly line thereof
distant 106.36 feet South along said Easterly line
from the Northeasterly corner thereof, according to
the plat thereof on file and of record in the office
of the Register of Deeds in and for Hennepin County,
Minnesota.
WHEREAS, due published notice as to said Public Hearing to
consider the vacation of the right-of-way, hereinafter described,
was given as required by law. Said published notice appearing in
the Excelsior and Shorewood Edition of the Sailor Newspapers dated
February 19 and 26, 1992; and
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WHEREAS, the said Public Hearing was held at 7:15 o'clock P.M.
~ on March 9, 1992 in the Council Chambers in the City Hall of the
City of Shorewood, and no one appearing in opposition and it
appearing to be in the interest of the public that said portion of
Gardendale Road as petitioned be vacated.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City
of Shorewood, Minnesota that the portion of Gardendale Road
described as follows:
That part of Gardendale Road dedicated in the plat of
Minnetonka Manor Second Addition which lies northerly
and easterly of the following described line:
Beginning at the point of intersection of the west line
of said Gardendale Road with a line parallel with and
35 feet northeasterly of, measured at right angles to,
"Line A" described as follows:
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"Line A" being a line drawn from a point in the
Northwesterly line of Lot 1, Minnetonka Manor
Second Addition, distant 149.4 feet northeasterly
from the Northwesterly corner of said Lot 1 to a
point in the easterly line of said Lot 1 distant
106.36 feet south along said easterly line from
the Northeasterly corner of said Lot 1.
thence southeasterly parallel with said "Line A" a
distance of 32 feet; thence southeasterly deflecting
right 36 degrees to its intersection with the East line
of Gardendale Road, and said line there ending.
be and the same is hereby vacated by the City of Shorewood,
Minnesota.
PROVIDING HOWEVER, should Petitioners fail to perfect their
record title in and to the following described property:
The Southwesterly 35 feet of the following described
parcel: That part of Lot 1, Minnetonka Manor Second
Addition, lying Northwesterly of a line drawn from a
point in the Northwesterly line thereof distant 149.4
feet Northeasterly from the Northwesterly corner
thereof to a point in the Easterly line thereof
distant 106.36 feet South along said Easterly line
from the Northeasterly corner thereof, according to
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the plat thereof on file and of record in the office
of the Register of Deeds in and 'for Hennepin County,
Minnesota.
and deliver to the City of Shorewood, as grantee, a warranty deed
in and to said property on or before June 30, 1992 then this
Resolution shall lapse and be of no further force and effect.
BE IT FURTHER RESOLVED, that upon receipt of a deed from
Petitioners, as above provided, the City Clerk be, and hereby is
instructed to cause a certified copy of this Resolution to be filed
in the office of the County Recorder, Hennepin County, Minnesota.
Passed and adopted by the City Council of the City of Shorewood
this 11 th day of
May
, 1992.
Attest:
J es C. Hurm
C' y Administrator
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