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:
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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