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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