HomeMy Public PortalAbout2015-009 Resolution Vacating Upland Buffer Easement on 3157 Wild Flower TrailMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2015-09
RESOLUTION VACATING UPLAND BUFFER EASEMENT
ON 3157 WILD FLOWER TRAIL
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Daniel Munsell (the "Applicant") owns property within the City at 3157 Wild
Flower Trail (the "Property") which is legally described as:
Lot 1, Block 4, The Enclave at Medina 2nd Addition, according to the recorded plat thereof,
Hennepin County, Minnesota; and
WHEREAS, there exists on a portion of the Property an easement for Upland Buffer
purposes; and
WHEREAS, the Applicant has requested that the City vacate the portion of the easement on
the Property in order to permit construction of a patio behind the home; and
WHEREAS, the Applicant has agreed to dedicate a replacement easement which is slightly
narrower than the existing easement; and
WHEREAS, City regulations would have permitted the narrower width of the Upland
Buffer when originally established; 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 6, 2015,
at which hearing all interested parties were heard; and
WHEREAS, following the public hearing, the City determined that the vacation of the
portion of the Easement on the Property is in the public interest, subject to acquisition of the
replacement easement agreed to by the Applicant.
Resolution No. 2015-09
January 6, 2015
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 easement described in Exhibit A to be 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 Recorder the vacation of the
easement only upon recording of the replacement easement.
Dated: January 6, 2015.
Bob Mitchell, 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, Cousineau, Martin, Mitchell, Pederson
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2015-09 2
January 6, 2015
EXHIBIT A
That portion of the Upland Buffer Easement which is located on property legally described as
Lot 1, Block 4, The Enclave at Medina 2nd Addition, according to the recorded plat thereof,
Hennepin County, Minnesota; such Upland Buffer Easement being recorded in the office of the
Hennepin County Recorder on July 8, 2011 with doc. No. A9672811 which is also the same
Easement referenced in the Master Declaration of Covenants for the Enclave recorded September
20, 2012 as doc. No. A9844055 and the First Annexation Amendment to Amended and Restated
Master Declaration of Covenants for The Enclave recorded on September 28, 2012 as doc. No.
A9849343.
Resolution No. 2015-09 3
January 6, 2015