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
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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
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Resolution No. 2019-24
April 16, 2019
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