Loading...
HomeMy Public PortalAbout2019-24 Resolution Vacating Drainage and Utility Easements Within Lot 2 Block 2 School Lake Nature PreserveMember Anderson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2019-24 RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 2, BLOCK 2, SCHOOL LAKE NATURE PRESERVE WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, School Lake Nature Preserve, LLC (the "Applicant") owns property within the City at 2800 Parkview Drive (the "Property") which is legally described as: Lot 2, Block 2, School Lake Nature Preserve, Hennepin County, Minnesota; and WHEREAS, drainage and utility easements were dedicated to the public upon certain portions of the Property on the plat of School Lake Nature Preserve, Hennepin County, Minnesota; and WHEREAS, the Applicant has requested approval of the School Lake Nature Preserve rd Addition plat (the "tad Addition Plat"), which would alter the lot lines between the Property and the adjacent outlot; and WHEREAS, the tad Addition Plat proposes to dedicate drainage and utility easements to the public in appropriate locations based upon the updated lot line alignment; and WHEREAS, the Applicant has requested that the City vacate the drainage and utility easements originally dedicated upon the Property on the plat of School Lake Nature Preserve, subject to approval and recordation of the 2nd Addition Plat; 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 Council held the public hearing on the proposed vacation on April 16, 2019, at which hearing all interested parties were heard; and WHEREAS, following the public hearing, the City Council determined that if the Applicant records the rd Addition Plat, the drainage and utility easements dedicated upon such 2nd Addition Plat would better serve the public interest than those originally dedicated upon the Property on the plat of School Lake Nature Preserve; and Resolution No. 2019-24 April 16, 2019 WHEREAS, upon such finding, the City Council determined that the vacation of the drainage and utility easements dedicated on the School Lake Nature Preserve plat upon the Property is in the public interest, subject to dedication of drainage and utility easements on the 2nd Addition Plat. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota as follows: 1. Subject to the recording of the School Lake Nature Preserve 2nd Addition plat, the the City hereby declares that all of the drainage and utility easements on the Property dedicated on the plat of School Lake Nature Preserve and depicted in Exhibit A are vacated. 2. With the exception of the drainage and utility easements upon the Property (Lot 2, Block 2, School Lake Nature Preserve, Hennepin County, Minnesota), all other drainage and utility easements dedicated to the public on the plat of School Lake Nature Preserve shall continue remain dedicated for public use. 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 the Hennepin County Recorder the vacation of the easement described in Exhibit A only in connection with the recording of the School Lake Nature Preserve 2nd Addition plat which dedicates new drainage and utility easements as described herein. Dated: April 16, 2019. Kathleen Martin, Mayor ATTE Jodi M.fGallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Pederson and upon vote being taken thereon, the following voted in favor thereof: Albers, Anderson, DesLauriers, Martin, Pederson And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2019-24 2 April 16, 2019 0 EXHIBIT A Legal Description of Vacated Drainage and Utility Easements All Drainage and Utility Easements upon Lot 2, Block 2, School Lake Nature Preserve, Hennenpin County, Minnesota as shown and dedicated to the public on the School Lake Nature Preserve plat 0 4 11: 2 g aiI LE t% �o 1 ,.., r o _� z g1 .. iti m CO D �$ co O -04 m ma, g rrl m o rz 00 co DN A MI m r i00•28'+2• W 325.00 O s 00'261r W 2+0.90 .010 =o. m F z 96.7, 3 Einnew F 4 F v z o� 0m N r- v r nC --I �r OD r �m m m m> -o 0 cn- mp cZ mm X S 7-1 Resolution No. 2019-24 April 16, 2019 3