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G-1. 3710 Red Cedar Point Road VacationCITY OF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952 227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone 952.227.1130 Fax 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax 952.227.1310 Senior Center Phone: 952 227,1125 Fax: 952.227.1110 Website www.cl.charmassen.mn.us MEMORANDUM TO: Paul Oehme, Director of Public Works/City Engineer FROM: Stephanie Smith, Project Engineer o DATE: June 27, 2016 O� SUBJ: Approve Vacation of 15 Feet of Public Right -of -Way Northeast of 3710 Red Cedar Point Road — Planning Case File No. 16-12 PROPOSED MOTION "The City Council adopts a resolution approving the vacation of a portion of the public right-of-way dedicated as Hancock Place of RED CEDAR POINT LAKE MINNEWASHTA as described in Exhibit A according to the recorded plat thereof." City Council approval requires a simple majority vote of those present. BACKGROUND The public right-of-way northeast of 3710 Red Cedar Point Road was recorded with the plat of RED CEDAR POINT LAKE MINNEWASHTA (see attached). The intent was for this right-of-way to be used as a public street named Hancock Place. Currently, this right of way is not used as a public street. All adjacent parcels have their access from other streets nearby, and there is no plan for the City to occupy it as street in the foreseeable future. PROPOSAL The property owner of 3710 Red Cedar Point Road has requested the City vacate that half of right-of-way adjacent to their property. The entire right-of-way is not being vacated, because the other half of the right of way may become part of a different property upon vacation. Private utilities may be located in this right-of-way, so language is included in the resolution so that the utility owners' authority shall not be altered by this resolution. \\cfs5\&5\sbared_data\eng\vacations\3710 red cedar point nl - pc 16-12\160627_ cc_ vacation na mo.docx Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Paul Oehme Vacation of Right -of -Way June 27, 2016 Page 2 resolution. However, a drainage and utility easement is required for the installation of fixture public and/or private utilities within this area. Staff recommends granting the vacation of the 15 -foot portion of right-of-way dedicated northeast of 3710 Red Cedar Point Road with the condition that a drainage and utility easement shall be recorded over the vacated area to allow the maintenance and installation of utilities and the existing drainage way. Attachments: 1. Plat of RED CEDAR POINT LAKE MINNEWASHTA 2. Proposed Vacation Exhibit 3. Vacation Application 4. Published Notice of Public Hearing & Affidavit of Mailing 5. Resolution gAeag\vacations\3710 red cedar point rd -pc 16-12\160627_cc_vacation memo.doex \ )� ! R® P4 {! � \ 2! \ }� \ \)\ A� I/ i!! : / \ \\\E Ell /b, � s • // ,)1 ' \\ ® } It ;D//J �Q Eii l?la! . E, EiHiIl y'ala?#alia `€" Es�$gs I�<�xa Ftx 3 =a alIljjflj��e6Ya Ere°pY P �ire7 S In ONt 4 tx� xf flx En§8g@ fijxg sa $e 'E5Ya�FF YR3$5 i i £3gdi�Naa 5'a8 �is� fl�9$b35aA�5 as x igg,�a��%9� appg�al� s�e���Ytr 8 / vii 5H`Y g9 x'33' 53 Fde a?I§a1tr3' 1 s m 4s "- =Yea�YIx'btg�gjmY &$g: $�{�es \` �;'/;'}��;/ '/✓ ��___� - I f�-� ' �se a '� � ••� •• s a5 n � n L, � k! / i U _, KP , -Y jIS 9 � r \V y k ii I sq°1 ,II.I a— €€ 4 k e t�p� _ q n tr gge Y Ww qgga tY � �'E In COMMUNITY DEVELOPMENT DEFwATMENT Planning Division - 7700 Market Boulevard �11 � 0� �} � � (1(1� i� Mailing Address - P.O. Box 147, Chanhassen, MN 55317 � ,� ii11II1111 AHllf�ll\71\Jit+/ Phone: (952) 227-13001 Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: f L, PC Date: "N1R CC Date: (a MDay Review Date: h! ❑/Notification Sign (City to instar and remove)..................................................................................................................... $200 (� Property Owners' List within 500' (City to generate after preapplication meeting) ...............� 5 ....................... $3 per address addresses) (� Escrow for Recording Documents (check all that apply) ....................... . $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement Vacation ❑ Variance ❑ Wetland Alteration Permit Metes 4 Botgids Subdivision (3 docs.) Easements i z easements) D� TOTAL. FEE: -� -- Section 2: Required Information Description of Proposal: Property Address or Location: Parcel #: Total Acreage: Present Zoning: Select One r' Legal Description: Wetlands Present?] Yes ❑ No Requested Zoning: Select One Present Land Use Designation: Select One Existing Use of Property: ❑ Check box is separate narrative is attached. Requested Land Use Designation: Select One (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ElComprehensive Pian Amendment ......................... $600 ( Subdivision (SUB)(A � P":,) ❑ Minor MUSA line for failing on-site sewers ..... $100 ❑ Create 3 lots or less ........................................ $300 ❑ Conditional Use Permit (CUP) ❑ Create over 3 lots ..............lots...$600 + $15 per lot ❑ Single -Family Residence .... ............................ $325 L—lots} ❑ Metes Bounds (2 lots}..................................$300 ❑ All Others .... ................ ...... ...............................$425 i EJ Consolidate Lots ............................ .................. $160 ❑ Interim Use Permit (IUP) Lot Line Adjustment ......................................... $150 ❑ In conjunction with Single -Family Residence.. $325 Final Plat ................. .............$700 " for actor "" ' (Incudes $450 escrow for attorney costs)* El All Others......................................................... $425 *Additional escrow may be required for other applications applications El Rezoning (REZ) through the development contract. ❑ Planned Unit Development (PUD) .................. $750 Vacation of Easements/Right-of-way (VAC)........ $300 ❑ Minor Amendment to existing PUD ................. $100 (Additional recording fees may apply) ❑ All Others......................................................... $500 ❑ Variance (VAR) .................................................... $200 ❑ Sign Plan Review ................................................... $150 ❑ Wetland Alteration Permit (WAP) ❑ Site Plan Review (SPR) ❑ Single -Family Residence ............................... $150 ❑ Administrative., ............................. - ............... _$100 ❑ All Others.- ... .................... ......................... .... $275 ❑ Commercial/industrial Districts*......................$500 ❑ Zoning Appeal Plus $10 per 1,000 square feet of building area: ...................................................... $100 (_thousand square feet) •Include ❑Zoning Ordinance Amendment (ZOA) $500 number of existino employees: ................. Include number of now employees: ❑ Residential Districts ................. ..... "" "' $500 N=: �n multiple applications are processed concurrently, Plus $5 per dwelling unit (_ units) nits) the appropriate fee shall be charged for each application. ❑/Notification Sign (City to instar and remove)..................................................................................................................... $200 (� Property Owners' List within 500' (City to generate after preapplication meeting) ...............� 5 ....................... $3 per address addresses) (� Escrow for Recording Documents (check all that apply) ....................... . $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement Vacation ❑ Variance ❑ Wetland Alteration Permit Metes 4 Botgids Subdivision (3 docs.) Easements i z easements) D� TOTAL. FEE: -� -- Section 2: Required Information Description of Proposal: Property Address or Location: Parcel #: Total Acreage: Present Zoning: Select One r' Legal Description: Wetlands Present?] Yes ❑ No Requested Zoning: Select One Present Land Use Designation: Select One Existing Use of Property: ❑ Check box is separate narrative is attached. Requested Land Use Designation: Select One SecMUN 3: Property Owner and Applicant Info ,.. tion —I APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. tiy Name: /�na�e; (hC Contact: 4" _ Address: {� 14�% , f Phone: 612 48 Y S I.1 8 City/St Email: Signal Cell: Fax: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. i will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: nAi� Contact: Address:'P7 Phone: b 12 -4?&) 71 City/State/Zip: L 2/f f1Gd kle Cell: Email: Signature: Fax: Date: This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? 'Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: R Applicant Via: JE Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: Email ❑ Mailed Paper Copy City/State/Zip: 0 Other' Via: ❑ Email ❑ Mailed Paper Copy Email: CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF RIGHT-OF-WAY NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, June 27, 2016, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard, pursuant to Minnesota Statutes §412.851 to consider the vacation of public right-of-way at 3710 Red Cedar Point Road, described as: All that part of the southwesterly half of Hancock Place as donated and dedicated on the recorded plat of RED CEDAR POINT LAKE MINNEWASHTA, Carver County Minnesota which lies Southeasterly of the Northeasterly extension of the Northwesterly line of Lot 2, Block 6, of said plat, and which lies Northerly of a line beginning at the most Easterly corner of Lot 6, said Block 6; thence Easterly to the point of intersection of the Southeasterly extension of the Southwesterly line of Lot 40, Block 1, said plat and the Northerly Right of Way line of Leach Road as dedicated in said plat, and said line there terminating. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Stephanie Smith, Project Engineer Phone: 952-227-1165 (Publish in the Chanhassen Villager on June 23, 2016) g9eng\vacations\3710 red cedar point rd - pc 16-12\ph notice to paper 061516, doe CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on June 16, 2016, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public hearing for Vacation of Right -of -Way at 3710 Red Cedar Point Road, Planning Case File No. 16-12 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this�,LSL day of., '2016. Notary Public CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF RIGHT-OF-WAY NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, June 27, 2016, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard, pursuant to Minnesota Statutes §412.851 to consider the vacation of public right-of-way at 3710 Red Cedar Point Road, described as: All that part of the southwesterly half of Hancock Place as donated and dedicated on the recorded plat of RED CEDAR POINT LAKE MINNEWASHTA, Carver County Minnesota which lies Southeasterly of the Northeasterly extension of the Northwesterly line of Lot 2, Block 6, of said plat, and which lies Northerly of a line beginning at the most Easterly corner of Lot 6, said Block 6; thence Easterly to the point of intersection of the Southeasterly extension of the Southwesterly line of Lot 40, Block 1, said plat and the Northerly Right of Way line of Leach Road as dedicated in said plat, and said line there terminating. � • 4� 11. W = I `' `Y� •'�? S /111. i z S _ � v y5. �• /e r` -17 .a. M � /l "t - 1 t � • 38 p 7 G7 ... 1 �t1' ks t �• 9 L L,! b 9�S t • .2M LS.h KL.. A � • •1 3 f M. Z WdfCJY RO.JfD .aff. �s+L'/, ,�:�•y P �'� 2 .aa � � f. f. .. .. �. l.� ar[;": '• .fi.... 9�h•,.. �r 'e w �. A ., si O • +• + I / •`y O fSJJ .2 y8 L 7 • L a J ♦ • •{• 1 .1 °.� a. f..� • r!L fI f/ f �e ,+, AX 7N 6 f• r. /.. d'1 i• IS � /4 � � � .dam All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Stephanie Smith, Project Engineer Phone: 952-227-1165 (Published in the Chanhassen Villager on June 23, 2016) gAeng\vacations\3710 red cedar point rd -po 16-12\ph notice to mail.doex CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: June 27, 2016 RESOLUTION NO: 2016 -XX MOTION BY: SECONDED BY: RESOLUTION VACATING PUBLIC RIGHT OF WAY 3710 RED CEDAR POINT ROAD PLANNING CASE FILE NO, 2016-12 WHEREAS, pursuant to Minnesota Statutes Section 412.851, after published and posted notice of the hearing and after mailing written notice of the hearing before the hearing to each property owner affected by the proposed vacation, the Chanhassen City Council has conducted a hearing to consider the vacation of the public drainage and utility easement legally described on the attached Exhibit "A'; and WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the public right-of-way. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: The public right of way legally described on the attached Exhibit A is hereby vacated. 2. The vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas lines, sanitary and storm sewer lines, water pipes, mains, hydrants, and natural drainage areas thereon or thereunder, to continue maintain the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereof. 3. The City Manager is directed to file a certified copy of this Resolution with the County Auditor and County Recorder of Carver County. 4. This resolution shall be recorded prior to but concurrent with the recording of the Drainage and Utility Easement over the vacation area. Passed and adopted by the Chanhassen City Council this 27`" day of June, 2016. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT EXHIBIT "A" All that part of the southwesterly half of Hancock Place as donated and dedicated on the recorded plat of RED CEDAR POINT LAKE MINNEWASHTA, Carver County Minnesota which lies Southeasterly of the Northeasterly extension of the Northwesterly line of Lot 2, Block 6, of said plat, and which lies Northerly of a line beginning at the most Easterly corner of Lot 6, said Block 6; thence Easterly to the point of intersection of the Southeasterly extension of the Southwesterly line of Lot 40, Block 1, said plat and the Northerly Right of Way line of Leach Road as dedicated in said plat, and said line there terminating. PAUL REIMER GARY ALAN PETERSON EDWIN L & LIVIA SEIM 14455 WESTRIDGE DR 1769 20TH AVE NW 292 CHARLES DR EDEN PRAIRIE, MN 55347-1700 NEW BRIGHTON, MN 55112-5433 SAN LUIS OBISPO, CA 93401-9204 PATRICK R GORMAN DIANE LEESON ANDING TODD A JACKSON & MATTHEW N CASTLE 3063 DEVON LN 3618 RED CEDAR POINT RD 3620 ZENITH AVE S MOUND, MN 55364-9017 EXCELSIOR, MN 55331-7720 MINNEAPOLIS, MN 55410-1165 STEVEN E & MARSHA E KEUSEMAN BETSY S ANDING ILMARS ERIK DUNDURS 3622 RED CEDAR POINT RD 3625 RED CEDAR POINT RD 3627 RED CEDAR POINT RD EXCELSIOR, MN 55331-7720 EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-7721 GUNTHER LIVING TRUST CATHERINE 1 BLACK REV TRUST SCOT LACE 3628 HICKORY RD 3629 RED CEDAR POINT RD 3630 HICKORY RD EXCELSIOR, MN 55331-9766 EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-9766 PETER J & KARRI 1 PLUCINAK MARY JO ANDING BANGASSER THOMAS C & JACQUELINE JOHNSON 3631 SOUTH CEDAR DR 3633 SOUTH CEDAR DR 3637 SOUTH CEDAR DR EXCELSIOR, MN 55331-9686 EXCELSIOR, MN 55331-9686 EXCELSIOR, MN 55331-9686 DANIEL P FAGAN ANVER L & ANNE K LARSON GREGORY BOHRER 3701 SOUTH CEDAR DR 3705 SOUTH CEDAR DR 3706 HICKORY RD EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-9768 JILL D HEMPEL MICHAEL L CORRIGAN ALFRED & CARLOTTA F SMITH 3707 SOUTH CEDAR DR 3711 SOUTH CEDAR DR 3714 HICKORY RD EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-9768 ERIC MCKAY RICHARD B & MARIANNE F ANDING CHRIS & KRISTINE WEDES 3715 HICKORY LN 3715 SOUTH CEDAR DR 3716 HICKORY RD EXCELSIOR, MN 55331-9769 EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-9768 CAROLYN A BARINSKY TAB B & KAY M ERICKSON TIMOTHY 1 NELSON 3719 SOUTH CEDAR DR 3720 SOUTH CEDAR DR 3724 HICKORY RD EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-9687 EXCELSIOR, MN 55331-9768 JAMES P & SUSAN S ROSS WILLIAM J & HELEN E WILSON BRENDA LEE BLAHA 3725 SOUTH CEDAR DR 3728 HICKORY LN 3733 HICKORY RD EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-9768 EXCELSIOR, MN 55331-7769 EDWARD H & CHERYL A BIXBY 3735 HICKORY RD EXCELSIOR, MN 55331-7769 HEIDI ANN MARX 3755 RED CEDAR POINT RD EXCELSIOR, MN 55331-9676 BERNARD & HELEN LEACH 3830 RED CEDAR POINT RD EXCELSIOR, MN 55331-7765 KATHLEEN LROUSAR 3841 RED CEDAR POINT RD EXCELSIOR, MN 55331-7766 STEVEN P & LAURIE A HANSON 5901 CARTER LN MINNETONKA, MN 55343-8966 ELIZABETH 1 NOVAK 7210JUNIPER EXCELSIOR, MN 55331-9613 JOHN P BAUMTROG DAVID WEINHOLD 3738 HICKORY RD 3750 RED CEDAR POINT RD EXCELSIOR, MN 55331-9768 EXCELSIOR, MN 55331-9675 RICHARD H COMER MICHAEL D & CYNTHIA H WENNER 3800 RED CEDAR POINT RD 3801 RED CEDAR POINT RD EXCELSIOR, MN 55331-7765 EXCELSIOR, MN 55331-7766 DAVID G WAGNER DAVID M LARSON 3831 RED CEDAR POINT RD 3837 RED CEDAR POINT DR EXCELSIOR, MN 55331-7766 EXCELSIOR, MN 55331-7766 PATRICIA SCUBA GARY E STOLT 431 PRAIRIE CENTER DR #114 5465 YORKTOWN LN N EDEN PRAIRIE, MN 55344-5376 PLYMOUTH, MN 55442-1941 MARGO J JESKE GREGORY G & JOAN S DATTILO 7024 RED CEDAR CV 7201 JUNIPER EXCELSIOR, MN 55331-7795 EXCELSIOR, MN 55331-9614 JANE WHITE ROGER L & DOROTHY P DOWNING PO BOX 194 PO BOX 651 EXCELSIOR, MN 55331-0194 CHANHASSEN, MN 55317-0651 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: June 27, 2016 RESOLUTION NO: 2016 -XX MOTION BY: SECONDED BY: RESOLUTION VACATING PUBLIC RIGHT OF WAY 3710 RED CEDAR POINT ROAD PLANNING CASE FILE NO. 2016-12 WHEREAS, pursuant to Minnesota Statutes Section 412.851, after published and posted notice of the hearing and after mailing written notice of the hearing before the hearing to each property owner affected by the proposed vacation, the Chanhassen City Council has conducted a hearing to consider the vacation of the public drainage and utility easement legally described on the attached Exhibit "A"; and WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the public right-of-way. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: The public right of way legally described on the attached Exhibit A is hereby vacated. 2. The vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas lines, sanitary and storm sewer lines, water pipes, mains, hydrants, and natural drainage areas thereon or thereunder, to continue maintain the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereof. 3. The City Manager is directed to file a certified copy of this Resolution with the County Auditor and County Recorder of Carver County. 4. This resolution shall be recorded prior to but concurrent with the recording of the Drainage and Utility Easement over the vacation area. Passed and adopted by the Chanhassen City Council this 27h day of June, 2016. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT EXHIBIT "A" All that part of the southwesterly half of Hancock Place as donated and dedicated on the recorded plat of RED CEDAR POINT LAKE MINNEWASHTA, Carver County Minnesota which lies Southeasterly of the Northeasterly extension of the Northwesterly line of Lot 2, Block 6, of said plat, and which lies Northerly of a line beginning at the most Easterly corner of Lot 6, said Block 6; thence Easterly to the point of intersection of the Southeasterly extension of the Southwesterly line of Lot 40, Block 1, said plat and the Northerly Right of Way line of Leach Road as dedicated in said plat, and said line there terminating.