HomeMy Public PortalAbout2016-007 Resolution Approving Lot Combination of 2982 Lakeshore Avenue and Approving Vacation of Portions of Ash StreetMember Martin introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2016-07
RESOLUTION APPROVING A LOT COMBINATION OF 2982 LAKESHORE AVENUE
AND APPROVING THE VACATION OF A PORTION OF THE ADJACENT
ASH STREET RIGHT-OF-WAY
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Stephanie Ditter owns property within the City at 2982 Lakeshore Avenue
(the "Property") which is legally described as:
Lots 1-3, Block 19 Independence Beach, Hennepin County, Minnesota; and
WHEREAS, Michael Vickerman (the "Applicant") has entered into a purchase agreement
and intends to purchase the Property; and
WHEREAS, right-of-way exists north of the Property for Ash Street, as dedicated on the
Plat of Independence Beach, Hennepin County, Minnesota; and
WHEREAS, the Applicant has requested the combination of the three lots which make up
the Property into a single lot of record; and
WHEREAS, the Applicant has also requested that the City vacate the southem half of the
Ash Street right-of-way adjacent to the Property so that such vacated portion may be considered part
of the required yard setback for a proposed addition to the existing structure on the Property; and
WHEREAS, no street improvements currently exist within the Ash Street right-of-way, but
the City expects to use the area of such right-of-way for drainage, utility, and trail purposes; and
WHEREAS, the portion of the Ash Street right-of-way requested to vacated is legally
described in Exhibit A, attached hereto; and
WHEREAS, the Applicant has agreed to dedicate replacement easements as 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
Resolution No. 2016-07
January 19, 2016
WHEREAS, the City held the public hearing on the proposed vacation on January 19,
2016, at which hearing all interested parties were heard; and
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. A lot combination is hereby approved to combine the Property into a single lot of
record.
2. Subject to the condition described below being satisfied, the City hereby declares
that the portion of the Ash Street described in Exhibit A is vacated.
a. Replacement easements shall be granted over the vacated right-of-way for
drainage, utility, and trail purposes as recommended by the City Engineer.
b. A right-of-way easement five feet in width shall be granted along Lakeshore
Avenue and Pine Street in an alignment approved by the City Engineer.
3. 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 Registrar of Titles the
vacation of the right-of-way described in Exhibit A only upon completion of the
conditions noted in paragraph 2 above.
Dated: January 19, 2016.
Bob Mitchell, Mayor
ATTEST:
Jodi M. Gallup, City 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
Resolution No. 2016-07 2
January 19, 2016
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2016-07 3
January 19, 2016
EXHIBIT A
Legal Description of Vacated Right -of -Way
That part of Ash Street, adjoining Block 19, "Independence Beach, Hennepin
County, Minnesota described as follows: Beginning at the northeasterly comer of Lot 3,
said Block 19; thence on a bearing of North 0 degrees 29 minutes 22 seconds West.
(assuming the northerly line of said Lot 3 has a bearing of North 89 degreees 30 minutes
38 seconds East) a distance of 20.00 feet; thence South 89 degrees 30 minutes 38
seconds West a distance of 41.63 feet; thence South 48 degrees 59 minutes 19 seconds
West a distance of 169.72 feet to the northwesterly extension of the easterly segment of
the southwesterly line of said Lot 1; thence South 39 degrees 10 minutes 10 seconds East
along said northwesterly extension a distance of 55.05 feet to the westerly end of said
easterly segment of the southwesterly line; thence northerly, northeasterly, and easterly
along the westerly and northwesterly lines of said Lots 1 and 3 and the northerly line of
said Lot 3 to the point of beginning.
Resolution No. 2016-07 4
January 19, 2016