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HomeMy Public PortalAbout2015-028 Resolution Vacating Certain Drainage and Utility Easements Enclave at Brockton 5thMember Martin introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2015-28 RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS ON PROPERTY BEING PLATTED AS THE ENCLAVE AT BROCKTON 5TH ADDITION AND ALSO ON CERTAIN LOTS WITHIN THE ENCLAVE AT BROCKTON 4TH ADDITION WHEREAS, the city of Medina (the "City') is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, U.S. Home Corporation, a Delaware corporation, (the "Applicant") owns property within the City which is legally described in Exhibit A, attached hereto (the "Property"); and WHEREAS, there exists at various locations on the Property certain drainage and utility easements which were previously dedicated to the public, which are described in Exhibit B, attached hereto (the "Easements"); and WHEREAS, the Property was included in the plats of Navajo Hills Addition and The Enclave at Brockton 2nd Addition, on which certain drainage and utility easements were dedicated and continue to exist even though much of the Property has subsequently been replatted; and WHERAS, the Applicant has requested that the City vacate the Easements described in Exhibit A in connection to the platting of The Enclave at Brockton 5th Addition; and WHEREAS, The Enclave at Medina 5th Addition plat dedicates drainage and utility easements throughout the Property in locations as recommended by the City Engineer; and WHEREAS, pursuant to Minn. Stat. § 412.851, the City provided notice and scheduled a public hearing to consider the proposed vacation; and WHEREAS, the City held the public hearing on the proposed vacation on March 17, 2015, at which hearing all interested parties were heard; and WHEREAS, following the public hearing, the City determined that the Easements described in Exhibit B no longer serve a public purpose following the replatting of the Property as The Enclave at Medina 5th Addition, and that vacation of the Easements is in the public interest, subject to recording of said plat. Resolution No. 2015-28 March 17, 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 easements described in Exhibit B 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 Enclave at Medina Sth Addition plat. Dated: March 17, 2015. ATTEST. 4/4)v.-) Scott T. Johnson, ity Administrator -Clerk ederson, Acting Mayor 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, Pederson And the following voted against same: (Absent: Mitchell) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015-28 2 March 17, 2015 EXHIBIT A Legal Description of the Property Lot 1, Block 2, The Enclave at Brockton 2nd Addition, Hennepin County, Minnesota; Lots 2, 6, 7, 8, and 12, Block 1, The Enclave at Brockton 4th Addition, Hennepin County, Minnesota; Lots 1 and S, Block 2, The Enclave at Brockton 4th Addition, Hennepin County, Minnesota; Lots 1-3, Block 3, The Enclave at Brockton 4th Addition, Hennepin County, Minnesota; and Outlots A, B, C, and D, The Enclave at Brockton 4th Addition, Hennepin County, Minnesota; (collectively, the "Property") Resolution No. 2015-28 3 March 17, 2015 EXHIBIT B Legal Description of Easements to be Vacated All of the draina e and utility easements, as dedicated in Lot 1, Block 2, THE ENCLAVE AT BROCKTON 2 ADDITION, Hennepin County, Minnesota. And All of the draina e and utility easements, as dedicated in Lot 2, Block 2, THE ENCLAVE AT BROCKTON 2 ADDITION, Hennepin County, Minnesota. And All of the draina e and utility easements, as dedicated in Lot 3, Block 2, THE ENCLAVE AT BROCKTON 2 ADDITION, Hennepin County, Minnesota. And All of the draina e and utility easements, as dedicated in Lot 1, Block 3, THE ENCLAVE AT BROCKTON 2 ADDITION, Hennepin County, Minnesota. And All of the draina e and utility easements, as dedicated in Lot 2, Block 3, THE ENCLAVE AT BROCKTON 2 ADDITION, Hennepin County, Minnesota. And All of the draina e and utility easements, as dedicated in Lot 3, Block 3, THE ENCLAVE AT BROCKTON 4 ADDITION, Hennepin County, Minnesota. And All of the drainage and utility easements, as dedicated in Lot 12, Block 1, THE ENCLAVE AT BROCKTON 4TH ADDITION, Hennepin County, Minnesota. And The drainage and utility easement over, under, and across Outlot A, THE ENCLAVE AT BROCKTON 4TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. And All of the drainage and utility easements, as dedicated in the plat of NAVAJO HILLS ADDITION, Hennepin County, Minnesota. Resolution No. 2015-28 4 March 17, 2015