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HomeMy Public PortalAbout2013-61 Resolution Vacating Certain Drainage & Utility Easements at Medina Clydesdale MarketplaceMember Anderson introduced the following resolution and moved its adoption. CITY OF MEDINA RESOLUTION NO.2013-61 RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS ON LOT 1, BLOCK 2, MEDINA CLYDESDALE MARKETPLACE. WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Clydesdale Market, LLC (the "Owner") owns property within the City which is legally described as Lot 1, Block 2, Medina Clydesdale Marketplace, Hennepin County, Minnesota (the "Property"); and WHEREAS, Ryan Companies US, Inc. (the "Applicant"), intends to relocate an existing storm sewer pipe on the Property; and WHEREAS, the Applicant, on behalf of the Owner, has requested that the City vacate certain portions of the drainage and utility easements within the Property following relocation of said pipe; and WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for July 16, 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 16, 2013, at which hearing all interested parties were heard; and WHEREAS, following the public hearing, the City determined that the vacation of the drainage and utility easement on the Property 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 condition described below being satisfied, the City hereby declares that the portions of the drainage and utility easements described in Exhibit A are hereby vacated. Resolution No. 2013-61 July 16, 2013 2. 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 Owners have granted replacement easements as recommended by the City Engineer. Dated: DATE. ATTEST: Dirr Johnson Administra tor -Clerk ty Scott T. J.dei Jr' . Eli�a eth Weir, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Pederson 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. 2013-61 2 July 16, 2013 EXHIBIT A Drainage and Utility Easements Vacated Easement Vacation Description the Drainage and L"telity Easements within Lot 1, Black 2, MEL MA CLY ESDALL MARKETPLACE as dedicated on said recorded plat, Hennepin County, Minnesota, excepting therefrom, the northerly 10, the .southerly 10 feet, the easterly 5 feet and the westerly 20 feet of said tot 1. S89°18'18 "E 22.53 20 -- �- r 1 \ 1 \ i \ d ,,o \� \ T \ \\ F( %Vi \ \ ! j\ f, Lkl Y)O o in Z f CZ ya4.SQq 4_ � r _ ipxj 4 2go • r r ` \ \ ,; \ \ e \ \ el''--v- ."...‘\L \\ \\ 1 Q T 1 \r� \ \ \ %, \ \r- b' \ \ c'�r� yi- \ \ \ \ \ \\ f \ \ °�. t \‘ \\ \ \ ; i '[- `.\ 0. \\ \\ ` `-- -- \ \ 96.00 S85°11 '22 "E \ \ \ s 1 )s f r � y0 \ OJ j CO' i\ t�' ° + fry V 1 Resolution No. 2013-61 July 16, 2013 3