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HomeMy Public PortalAbout2016-005 Resolution Vacating a Portion of the Palm Street Right-of-Way Adjacent to Proposed Plat of Bradford Creek AdditionMember Pederson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2016-05 RESOLUTION VACATING A PORTION OF THE PALM STREET RIGHT-OF-WAY ADJACENT TO PROPOSED PLAT OF BRADFORD CREEK ADDITION WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Susan Prodahl, Carl Henderson, and Paul Henderson (collectively, the "Owners") own property within the City at 2872 Ardmore Avenue (the "Property") which is legally described as: Lots 5-12, 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 public purposes; and WHEREAS, the Owners have requested that the City vacate the southern half of the Palm Street right-of-way adjacent to the Property; and WHEREAS, the Owners have concurrently applied to re -plat the Property as Bradford Creek Addition and have requested to include the southern half of the Palm Street right-of-way within the lots in said plat; and WHEREAS, the portion of the Palm Street right-of-way requested to be vacated is legally described in Exhibit A, attached hereto; and WHEREAS, the Owners propose to dedicate right-of-way and easements on the Bradford Creek Addition plat which are 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 January 5, 2016, at which hearing all interested parties were heard; and Resolution No. 2016-05 January 19, 2016 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. 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 right-of-way 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 Recorder the vacation of the portion of the Palm Street right-of-way only upon receipt of replacement easements for drainage, utility, and trail purposes. Dated: January 19, 2016. Bob Mitchell, Mayor ATTE T: - Jodi ML Gallup, City Clbrk The motion for the adoption of the foregoing resolution was duly seconded by member Cousineau 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. 2016-05 2 January 19, 2016 EXHIBIT A Legal Description of Vacated Right -of -Way The south 30 feet of Palm Street dedicated on the plat of Independence Beach, Hennepin County, Minnesota lying between the northerly extension of the western line of Lot 5, Block 24, Independence Beach and the northerly extension of the eastern line of Lot 8, Block 24, Independence Beach. Resolution No. 2016-05 3 January 19, 2016