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HomeMy Public PortalAbout2014-002 Resolution Vacating Portion of Shawnee Woods RoadMember Anderson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2014-02 RESOLUTION VACATING A PORTION OF SHAWNEE WOODS ROAD WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Jeff Pederson and 4412 JKP LLC (collectively, the "Applicant") own property within the City at 710 Shawnee Woods Road and 4412 County Road 116 (the "Property") which is legally described in Exhibit A, attached hereto; and WHEREAS, the Property generally lies on either side of Shawnee Woods Road to a point approximately 837 feet east of County Road 116; and WHEREAS, the Applicant has requested a subdivision of the Property to be known as Woods of Medina and, as part of this plat, has proposed alterations to the Shawnee Woods Road right-of-way; and WHEREAS, these alterations include closing access from Shawnee Woods Road onto County Road 116 and narrowing the right-of-way within the Woods of Medina plat; and WHEREAS, the Applicant proposes to dedicate new right-of-way for Shawnee Woods Road upon the Woods of Medina plat and has requested the vacation of the right-of-way existing within Property prior to the plat; and WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing to consider the proposed vacation; 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 January 7, 2014, at which hearing all interested parties were heard; and WHEREAS, following the public hearing, the City determined that the vacation of the Shawnee Woods Road right-of-way within to the Property is in the public interest, subject to certain terms and conditions. Resolution No. 2014-02 January 7, 2014 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 that portion of the existing Shawnee Woods Road right-of-way within the Property which is described in Exhibit B is hereby vacated. Such vacation shall not include the new right-of-way dedicated to the public upon the plat of Woods of Medina. 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 right-of-way in coordination with the recording of the plat of Woods of Medina which includes the dedication of the replacement right-of-way. Dated: DATE. E ATTEST: Scott T. Johnson, Ci ' Administrator -Clerk fr.4,29Weir, Mayor 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, Martinson, Weir And the following voted against same: (Recused: Pederson) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2014-02 2 January 7, 2014 EXHIBIT A Legal Description of the Property Parcel 1: That part of the South 30 acres of the Northwest 'A of Section 1, Township 118 North, Range 23 West of the 5t P.M., lying West of the East 1760 feat, EXCEPT the West 534 feet of the South 217.5 feet thereo& and further EXCEPTING that part lying West of a line drawn parallel with and distant 40 feet East of the West line thereof according to the United States Government Survey thereof and situate in Hennepin. County, Minnesota. and Parcel 2: The West 534 feet of the South 217.5 feet of the Northwest % of Section 1, Township 118 North, Range 23 West of the 5h P.M., EXCEPTING that part lying West of a line drawn parallel with and distant 40 feet East of the West line thereof, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Resolution No. 2014-02 3 January 7, 2014 1 --.-d10R1HWEST CORNER OF NW IH SECA. TSP. 118 N.. ROE 23 W. EXHIBIT B Legal Description of Vacated Right -of -Way That part of an easement for street and utilities purposes over, under and across the following described properly: That part of the South 30 acres of the Northwest 1/4 of Section 1, Township 118 North, Range 23 West, of the 5th Principal Meridian, tying West of the East 1760 feet, EXCEPT the West 534 feet of the South 217.5 feet thereof, and futher EXCEPTING that part lying West of a line drawn parallel with and distant 40 feet East of the West line thereof. Said easement being 30 feet on each side of a line described as follows: Commencing at the Southwest comer of said Northwest Quarter; thence North along the West line of said Northwest Quarter a distance of 247.50 feet; thence East, parallel with the South fine of said Northwest Quarter a distance of 40.00 feet to the actual point of beginning; thence continuing East parallel with said South line a distance of 494.11 feet; thence Southeasterly a distance of 67.42 feet along a tangential curve concave to the Southwest; said curve having a radials of 100.00 feet and a central angle of 38 degrees 37 minutes 47 seconds; thence Southeasterly to the last described curve a distance of 278.40 feet; thence Easterly a distance of 67.42 feet along a tangential curve concave to the Northeast, said curve having a radio of 100.00 feet and a central angle of 38 degrees 37 minutes 47 seconds to a point 30 feet North of as measured at right angles with the South line of said Northwest Quarter, and said easement there terminating. The side lines of said easement are prolonged or shortened as to temanate on the East fine of said part lying West of a line drawn parallel with and distant 40 feet East of Vie West lane and on the West line of said East 1760 feet of said Northwest 1/4 of Section 1, Townshth 118 North Range 23 West. NORTH LNE OF SOUTH 30 ACRES tip.. CO �A LNE DRAWN PARAU.EL WITH NW DISTANT i 40 FEET EAST OF THE WEST UNE OF NW1A4 / SEC. I.TWP. 118 N.. ROE 23 W. i s-ACTUAL POINT OF 8831141411413 h17* 534.00 T- ',NORTH LNE OF NW 1/4 OF SEC. 1, TWP. 118 N.. ROE 23 W. '" 140FITH U1E OF THE SOUTH 534' OF WEST 217$ NORTHWEST 1/4 ...SOUTH LINE OF THE SOUTH 534 FEET OF THE WEST 217.5 FEET OF THE NORTHWEST I/4 � -WEST tH CORNER SEC. 1, TNT 1/8 N„ ROE 23 W. ALSO; SOUTHWEST COINER OF NW 1/4 —842.14 N88°SSSIT ..- ,l --N88. 55'51'E MSS-- ti9OUTH LNE OF NW 114 CF SEC. 1, TWP. 118 N. ROE, 23 W. Xt WEST LIVE OF THE EAST 1780 FEET-.., INE S UTI4EASTERLrTO THE LAST DESCRIBED r CURVE f+' j4/ Co447,42. R.100.00 _ 4.3117T4T Cti -r•.--1780•-'..-----1 ?� /- A POINT 30 FEET NORTH OF AS MEASURED AT ROW APPLES WITH THE SOUTH LINE kg_ I TEND OF SHAWNEE / WOODS ROAD VACATION R Resolution No. 2014-02 January 7, 2014 4