HomeMy Public PortalAbout2013-58 Resolution Vacating Certain Drainage & Utility EasementsMember Pederson introduced the following resolution and moved its adoption.
CITY OF MEDINA
RESOLUTION NO.2013-58
RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS
ON LOT 2, BLOCK 2, TUCKBOROUGH FARM FOURTH ADDITION AND
LOT 2, BLOCK 1, GREEN PASTURES FARM.
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Michael B. Kunin and Srey M. Tan (the "Applicants") own property within
the City which is legally described as Lot 2, Block 2, Tuckborough Farm Fourth Addition,
Hennepin County, Minnesota; and
WHEREAS, the estate of Wallace E. Anderson (the "Estate") owns property within the
City which is legally described as Lot 2, Block 1, Green Pastures Farm, Hennepin County,
Minnesota; and
WHEREAS, Lot 2, Block 2, Tuckborough Farm Fourth Addition, Hennepin County,
Minnesota and Lot 2, Block 1, Green Pastures Farm, Hennepin County, Minnesota are collectively
referred to herein as "the Properties"; and
WHEREAS, the Applicants and the Estate are collectively referred to herein as "the
Owners"; and
WHEREAS, the Owners have requested approval from the City to rearrange the common
property lines between the Properties; and
WHEREAS, the Owners have requested that the City vacate certain portions of the
drainage and utility easements within the Property when the property lines are rearranged; and
WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for July
2, 2013 to consider the proposed vacation of the described drainage and utility easements; and
WHEREAS, notice of the public hearing was posted, published in the official newspaper
and mailed to the owners of affected properties, all in accordance with law; and
WHEREAS, the City held the public hearing on the proposed vacation on July 2, 2013, at
which hearing all interested parties were heard; and
Resolution No. 2013-58
July 16, 2013
WHEREAS, following the public hearing, the City determined that the vacation of the
drainage and utility easement on the Properties is in the public interest, subject to certain terms and
conditions.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota as follows:
1. Subject to the conditions described below being satisfied, the City hereby declares
that the portions of the drainage and utility easements described in Exhibit A,
attached hereto, on Lot 2, Block 2, Tuckborough Farm Fourth Addition, Hennepin
County, Minnesota are hereby vacated.
2. Subject to the conditions described below being satisfied, the City hereby declares
that the portions of the drainage and utility easements described in Exhibit B,
attached hereto, on Lot 2, Block 1, Green Pastures Farm, Hennepin County,
Minnesota are hereby vacated.
3. The city administrator or his designee is authorized and directed to prepare and
present to the Hennepin County auditor a notice that the City has completed these
vacation proceedings and record with Hennepin County recorder the vacation of the
drainage and utility easements only after the following conditions have been
satisfied:
a. The Owners have completed the proposed lot line rearrangement between the
Properties.
b. The Owners have granted replacement drainage and utility easements as
recommended by the City Engineer.
Dated: July 16, 2013.
ATTEST:
Scott T. Johnson, City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Martin and
upon vote being taken thereon, the following voted in favor thereof:
Anderson, Martin, Pederson, Weir
and the following voted against same: (Absent: Martinson)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2013-58 2
July 16, 2013
EXHIBIT A
Drainage and Utility Easements Vacated on
Lot 2, Block 2, Tuckborough Farm Fourth Addition
The 10.00 foot wide drainage and utility easement dedicated to the public in the plat of
Tuckborough Farm Fourth Addition being the South 10.00 feet of that part of Lot 2,
Block 2, Tuckborough Farm Fourth Addition which lies westerly of the westerly line of
the 30 foot wide easterly drainage easement in said Lot 2 and which lies easterly of the
easterly line of the middle drainage easement in said Lot 2, said easterly line starting on
the south line of said Lot 2 a distance of 160 feet westerly of the Southeast corner of the
Northeast Quarter of the Southeast Quarter of Section 14, Township 118 North, Range
23, Hennepin County, Minnesota.
Resolution No. 2013-58 3
July 16, 2013
EXHIBIT B
Drainage and Utility Easements Vacated on
Lot 2, Block 1, Green Pastures Farm
The 10.00 foot wide drainage and utility easement dedicated to the public in the plat of
Green Pastures Farm being the East 10.00 feet of the North 225.00 feet and also the
North 10.00 feet of Lot 2, Block 1, Green Pastures Farm, which lies easterly of a line
drawn on a bearing of South 40 degrees West from a point on the north line of said Lot 2
a distance of 160.00 feetwest of the Northeast corner of said Lot 2, assuming the north
line of said Lot 2 has a bearing of South 89 degrees 44 minutes 07 seconds West.
Resolution No. 2013-58 4
July 16, 2013