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