HomeMy Public PortalAbout2016-054 Resolution Vacating a Portion of the Deerhill Road Right of Way Appoximately One-Half Mile West of Willow DriveMember Martin introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2016-54
RESOLUTION VACATING A PORTION OF THE DEERHILL ROAD RIGHT OF WAY
APPROXIMATELY ONE-HALF MILE WEST OF WILLOW DRIVE
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Stonegate Farm, Inc., owns property within the City in Sections 21 and 28,
approximately one-half mile west of Willow Drive, which is legally described in Exhibit A,
attached hereto; and
WHEREAS, Property Resources Development Corporation (the "Applicant") intends to
purchase and develop the Property; and
WHEREAS, the Owner and Applicant believe right-of-way exists through the Property for
Deerhill Road; and
WHEREAS, the Owner and Applicant have requested that the City vacate much of the
Deerhill Road right-of-way within the Property because such right-of-way would bisect lots within
the proposed development; and
WHEREAS, the portion of the Deerhill Road right-of-way requested to vacated is legally
described in Exhibit B, attached hereto; 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 April 5, 2016, at
which hearing all interested parties were heard; and
WHEREAS, following the public hearing, the City determined that, if such right-of-way
exists, the vacation of the portion requested is in the public interest.
Resolution No. 2016-54
June 21, 2016
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota as follows:
1. If such right-of-way actually exists, the City hereby declares that the portion of the
Deerhill Road described in Exhibit B is vacated, subject to the condition described
below being satisfied.
2. The city clerk or her 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 B only upon recording of the Deerhill Preserve
plat.
Dated: June 21, 2016.
rson, Acting Mayor
ATTEST:
Scott T. Johnson, City Administrator - Deputy 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, Pederson
And the following voted against same: (Recused: Mitchell)
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2016-54 2
June 21, 2016
EXHIBIT A
Legal Description of the Property
Tic Fast Half of the Southwest Quarter of Section 21. Township 1 t 8. Range 23, Hennepin County, Minnesota.
And
The Northeast Quarter of the Northwest Qaarter of Section 28, Township 118. Range 23, Henn pin County, :Ninnesoa.
And
The Southeast Quarter of the Northwest Quarter of Section 28, Township 118, Range 23, Hennepin County, Minnesota except that part thereof which
lies Westerly of the following described line: Commencing at the Northwest corner of said Southeast Quarter of the Northwest Quarter, thence on an
assumed hearing of South 0 degrees, 07 minutes, 42 seconds Vsest uhmg the Wcst line of said Southeast Quanta- of the Northwest Quarter, a distance of
925.33 fret to the actual point of beginning of the line being described; thence South 45 degrees, 52 minutes. 18 seconds Fast. a distance of 115.25 feet;
theroe South 11 degrees 56 minutes, 18 seconds East, a distance of 53.92 feet; thence Southwesterly to a point in the Wcst line of said Southeast
Quarter of the Northwest Quarter, distant l 140.18 feet Southerly of the Northwest comer of said Southeast Quarter of the Northwest Quarter and said
line there ending.
And
That pail of the Southwest Quarter of the Northwest Quarter of Section 28, Township 1 i8, Range 7.3, Hennepin County, Minnesota described as
hollows: Beginning at the Northeast corner of said Southwest Quarter of the Northwest Quarter. thence South along the East line of said Southwest
Quarter of the Northwest Quarter. a distance of 668 33 feet; thence West parallel with the North lint of said Southwest Quarter of the Northwest
Quarter, a distance of 548.47 feel to the Easterly line of Dillman Road; thence Northwesterly deflecting to the right 41 degrees, 13 minutes, 16 seconds
along Easterly line of said Road, a distance of 60.15 feet; thence Northerly 239,14 feet along the Easterly line of said Road being a tangential cu-rr to
the right having a rad'us of 254.35 feet; thence Northerly 249.7 feet along easterly line of said Road. being tangent to last described curve; thence
Northerly 166.62 feet along the Easlcrly line of said Road to the North line of said Southwest Quarter of the Northwest Quarter; said 166.62 feet being
along a tangential curve to the left having a radius of 650.97 feet; thence East along North line of said Southwest Quarter of the Northwest Quarter
655.43 feet to the point of beginning.
And
fiat pant of the Southwest Quarter of the Northwest Quarter of Section 28. township 118. Range 23. described as fol:ows: C`.omrncncing at the
northeast comer of said Southwest Quarter of the Northwest Quarter, thcncc on an assumed bearing of South 00 degrees 07 minutes 42 seconds West
along the East line of said Southwest Quarter of the Northwest Quarter a distance of 1140.18 feet to the actual point of beginning of the tract of land to
be described; thcncc South 49 degrees 03 minutes 42 seconds West, a distance of 57 15 feet; thence South 29 degrees 03 minutes 42 seconds Wcst to
the northeasterly right of way line of Hennepin County Highway No. 201, Plat 53: thence southeasterly along said right of way lint to thc cast line of
said Southwest Quarter of the Northwest Quarter; thcncc North 00 degrees 07 minutes 42 seconds Fast along said cast line to the point of beginning.
Resolution No. 2016-54 3
June 21, 2016
EXHIBIT B
Legal Description of Right-of-way Vacated
That part of Deer Hill Road described as follows:
Beginning at the North Quarto corner of Section 28, Township 118, Range 73; thence oa PR assumed bearing of South 00 degrees 34 minutes 25 seconds West al on
the cast line of -the Northwest Quarto of said Section 28 a distance of 16.50 fed; thence North 89 degrees 12 minutes 38 scwnnen We t paralkl with the nosh line of
the Northwest Quarter of said Section 21i a distance of ;166 ci;} feet, thence northwesterly c distance ol-38.27 fort along a non tangential curve concave to the
northeast, having a radius of630.00 feet, a centre= angle of 3 &grecs 28 minutes 57 eevusi s and a chord that lean North 29 degrees 37 minutes 47 seconds West;
thence South 89 degrees 12 minutes 38 seconds East parallel with the north line of the Northwest Quartet of said Section 28 a distance of 1186,10 feet mean line of
the Southwest Quarter of Section 21. Township 118, Range 23, thence South 00 degrees 24 mimes 13 seconds West along said coat line ofdte Southwest. Quarter, a
distance of 16,50 feet 48 the point of beginning and tinyrt: terminating,
Resolution No. 2016-54 4
June 21, 2016