HomeMy Public PortalAbout2014-095 Resolution Vacating Portion of Palm St ROW Adjacent to Ardmore AveMember Martinson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2014-95
RESOLUTION VACATING A PORTION OF THE
PALM STREET RIGHT OF WAY ADJACENT TO 2942 ARDMORE AVENUE
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Andrew Soiney (the "Applicant") owns property within the City at 2942
Ardmore Avenue (the "Property") which is legally described as:
Lots 1, 2, and 16, Block 24, Independence Beach, Hennepin County, Minnesota; and
WHEREAS, right-of-way exists north of the Property for Palm Street, as dedicated on the
Plat of Independence Beach, Hennepin County, Minnesota; and
WHEREAS, no street improvements currently exist within the Palm Street right-of-way,
but portions of the right-of-way are used and are intended to be used for lawful purposes; and
WHEREAS, the Applicant has requested that the City vacate a portion of the Palm Street
right-of-way so that such vacated portion may be considered part of the required yard setback for a
proposed addition on the existing structure on the Property; and
WHEREAS, the portion of the Palm Street right-of-way requested to vacated is legally
described in Exhibit A, attached hereto; and
WHEREAS, the Applicant has agreed to dedicate replacement easements as recommended
by the City Engineer to serve public purposes; 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 December 16,
2014, at which hearing all interested parties were heard; and
WHEREAS, following the public hearing, the City determined that the vacation of a
portion of the right-of-way is in the public interest, subject to certain terms and conditions.
Resolution No. 2014-95
December 16, 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 the portion of the Palm Street described in Exhibit A is vacated.
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 Registrar of Titles the
vacation of the portion of the Palm Street right-of-way only upon recording of
easements as recommended by the City Engineer to serve public purposes.
Dated: December 16, 2014.
El' ,i a eth Weir, Mayor
ATTEST.
.
Scott T. Johnson, City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Anderson
and upon vote being taken thereon, the following voted in favor thereof:
Anderson, Martin, Martinson, Pederson, Weir
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2014-95 2
December 16, 2014
EXHIBIT A
Legal Description of Vacated Right -of -Way
That part of the southern 20 feet of Palm Street dedicated in the plat of Independence Beach, .
Hennepin County, Minnesota lying between the northerly extension of the western and eastern
lines of Lot 2, Block 24, Independence Beach.
Resolution No. 2014-95 3
December 16, 2014