HomeMy Public PortalAbout2019-39 Resolution vacating drainage and utility easments within 1495 Medina RoadMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2019-39
RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS
WITHIN 1495 MEDINA ROAD
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Adam and Susan Marshall (the "Applicants") own property within the City at
1495 Medina Road (the "Property") which is legally described as:
Lot 1, Block 1, Wetterstrom Addition, Hennepin County, Minnesota; and
WHEREAS, the Applicants have requested approval of a lot line rearrangement which
would alter a portion of the common property boundary between the Property and the adjacent
parcel to the west; and
WHEREAS, drainage and utility easements were dedicated to the public upon certain
portions of the Property on the plat of Wetterstrom Addition, Hennepin County, Minnesota,
including adjacent to the western property boundary which is now proposed to be altered; and
WHEREAS, the Applicants have requested that the City vacate a portion of the drainage
and utility easement adjacent to the western property boundary which is proposed to be altered; and
WHEREAS, the Applicants propose to grant replacement drainage and utility easements to
the public adjacent to the updated property boundary; 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 June 4,
2019, at which hearing all interested parties were heard; and
WHEREAS, following the public hearing, the City Council determined that the
replacement drainage and utility easements located adjacent to the altered lot line would better serve
the public interest than portions of those originally dedicated adjacent to the western lot line of the
Property as platted as Wetterstrom Addition; and
Resolution No. 2019-39
June 18, 2019
WHEREAS, upon such finding, the City Council determined that the vacation of a portion
of the drainage and utility easement along the western property boundary of the Property is in the
public interest, subject to the Applicants granting a replacement easement.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota as follows:
1. Subject to the Applicant granting a replacement easement adjacent to the updated
property boundary, the portion of the drainage and utility easement described in
Exhibit A is vacated.
2. With the exception of the portion of the drainage and utility easement described in
Exhibit A, all other drainage and utility easements dedicated to the public on the plat
of Wetterstrom Addition chall 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 upon receipt of the replacement easement
adjacent to the updated property boundary.
Dated: June 18, 2019.
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Kathleen Martin, Mayor
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Jodi . GallCity Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Albers and
upon a 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.
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Resolution No. 2019-39 2
June 18, 2019
EXHIBIT A
Legal Description of Vacated Drainage and Utility Easements
Vacating only the 5.00 foot wide drainage and utility easement as dedicated over Lot 1, Block 1,
WETTERSTROM ADDITION, according to the recorded plat thereof described as that easement
abutting the west line of said Lot 1 which lies southerly of a point 765.48 feet north of the southwest
corner of said Lot 1 as measured along said west line.
Resolution No. 2019-39 3
June 18, 2019