Item Coversheet

Board Action Request
18-0281


Item Description:
Amend the legal description of surplus right-of-way of the underlying portions of Smetana Drive and Opportunity Court near U.S. Highway 169 (formerly CSAH 18) to correct the legal description as approved for conveyance to the City of Minnetonka
Resolution:

BE IT RESOLVED, that the Hennepin County Board of Commissioners authorizes the legal description of surplus right-of-way of the underlying portions of Smetana Drive and Opportunity Court near U.S. Highway 169 (formerly County State Aid Highway 18), and approved for conveyance to the City of Minnetonka under Resolution 17-0214, be replaced with the following legal description of property:

 

CSAH No. 18, Project No. 6715, Parcel No. 10 - Abstract Property

That part of the following described tract which lies within 33.0 feet on each side of a line drawn parallel with and distant 665 feet West of the East line of Section 36, Township 117, Range 22:

The North 297.46 feet of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 36, Township 117, Range 22.

 

Together with all right of access, being the right of ingress to and egress from all that portion of the first above described tract, not acquired herein, to County State Aid Highway No. 18, except that the abutting owner shall have access to the Service Road to be constructed.

 

CSAH No. 18, Project No, 6715, Parcel No. 12a - Abstract Property

All that part of the following described tract which lies within 33.0 feet on each side of a line drawn parallel with and distant 665.0 feet West of the east line of Section 36, Township 117, Range 22.

The northerly 16.5 feet of the Easterly 1003.05 feet of the Southeast Quarter of the Northeast Quarter of Section 36, Township 117, Range 22.

 

Together with all right of access, being the right of ingress to and egress from all that portion of the first above described tract, not acquired herein, to County State Aid Highway No. 18, except that the abutting owner shall have access to the Service Road to be constructed.

 

CSAH No. 18, Project No. 6715, Parcel No. 12b - Abstract Property

All that part of the following described tract which lies within 33 feet on each side of a line drawn parallel with and distant 665.0 feet West of the East line of Section 36, Township 117, Range 22.

The Southwest Quarter of the Northeast Quarter of the Northeast Quarter of Section 36, Township 117, Range 22.

 

Also that part of said tract which lies within the North 122 feet of the East 90 feet of said Southwest Quarter of the Northeast Quarter of the Northeast Quarter of said Section 36.

 

CSAH No. 18, Project No. 6715, Parcel No. 13 - Abstract Property

All that part of the following described tract:

The South 673.60 feet of the North 690.10 feet of the East 1003.05 feet of the Southeast Quarter of the Northeast Quarter of Section 36, Township 117, Range 22,

 

which lies within 33 feet on each side of a line drawn parallel with and distant 665.0 feet West of the East line of said Southeast Quarter of the Northeast Quarter.

 

Together with all right of access, being the right of ingress to and egress from all that portion of the first above described tract, not acquired herein, to County State Aid Highway No. 18, except that the abutting owner shall have access to the Service Road to be constructed.

 

CSAH No. 18, Project No. 6715, Parcel No. 14 - Abstract Property

All that part of the following described tract:

The Southeast Quarter of the Northeast Quarter of Section 36, Township 117, Range 22, excepting therefrom the north 690.10 feet of the easterly 1003.05 feet of said Section, Township and Range,

 

which lies within 33 feet on each side of a line drawn parallel with and 665.0 feet West of the East line of said Southeast Quarter of the Northeast Quarter and northerly of Line "A" described below.

 

Also that part of said tract lying north of the south 76.00 feet thereof and between a line (hereinafter referred to as Line "C") drawn southerly from a point on the west line of the last described 66 foot strip, said point distant 286 feet north of the south line of said tract to a point on the north line of said south 76.00 feet, distant 7.00 feet westerly of said strip, and a line (hereinafter referred to as Line "D") drawn southerly from a point on the east line of said 66 foot strip distant 286 feet north of the south line of said tract, to a point on the north line of said south 76.00 feet, distant 7.00 feet Easterly of said strip.

 

Also that part of said tract not acquired herein which lies southwesterly of the arc of a 36.00 foot radius curve concave to the northeast being tangent to Line "A" described below and the above described Line "D" and northerly of Line "A" described below.

 

Also that part of said tract not acquired herein which lies southeasterly of the arc of a 36.00 foot radius curve concave to the northwest being tangent to Line "A" described below and the above described Line "C" and northerly of Line "A" described below.

Line "A" is described as being drawn parallel with and distant 40 feet northerly of a line described as follows:

Commencing at the southeast corner of said Northeast Quarter of said Section 36; thence run westerly along the south line of said Northeast Quarter for a distance of 737.0 feet to the actual point of being of the line being described; thence easterly along said south line a distance of 257.01 feet; thence deflect left at an angle of 0 degrees 27 minutes 15.4 seconds for a distance of 233 feet and there terminating.

Background:

History: In June 2017, the Hennepin County Board approved the conveyance of the county’s interest in the surplus right-of-way of the underlying portions of Smetana Drive and Opportunity Court near U.S. Highway 169 (formerly County State Aid Highway 18) to the City of Minnetonka (Resolution 17-0214). Subsequent to approving the resolution and legal description, but prior to recording of conveyance documents, city staff found additional information that rendered the legal description in Exhibit A of Resolution 17-0214 as incorrect. Staff recommends replacing the legal description approved under Resolution 17-0214 with Exhibit A-2 attached hereto.

Current Request: Approve an amended legal description of surplus right-of-way of the underlying portions of Smetana Drive and Opportunity Court near U.S. Highway 169 (formerly County State Aid Highway 18), as approved for conveyance to the City of Minnetonka under Resolution 17-0214.

Impact/Outcomes: Approval of this resolution will allow the conveyance of surplus right-of-way to the City of Minnetonka to continue with the corrected legal description. Hennepin County will divest itself of right-of-way that is not necessary for the county roadway system.

Recommendation from County Administrator: Recommend Approval
ATTACHMENTS:
DescriptionUpload DateType
Map of Smetana Drive and Opportunity Court6/13/2018Map