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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. t Kathleen Martin, Mayor A T: ctizr„. 7.7 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. 0 e 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