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
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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
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A POINT 30 FEET NORTH OF AS MEASURED
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TEND OF SHAWNEE
/ WOODS ROAD
VACATION
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Resolution No. 2014-02
January 7, 2014
4