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HomeMy Public PortalAbout2020-17 Resolution Vacating Drainage and Utility Easements with Cavanaughs Meadowwoods ParkMember Martin introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2020-17 RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 1, BLOCK 1 AND OUTLOT A, CAVANAUGHS MEADOWWOODS PARK AND LOT 1, BLOCK 1, CAVANAUGHS MEADOWWOODS PARK 2ND ADDITION WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, the city of Minneapolis and Arrowhead Holdings, LLC (collectively the "Owners") own property at 4101 Arrowhead Drive and immediately to the north which is legally described as: Lot 1, Block 1, Cavanaughs Meadowwoods Park Hennepin County, Minnesota, Outlot A, Cavanaughs Meadowwoods Park, Hennepin County, Minnesota, Lot 1, Block 1, Cavanaughs Meadowwoods Park 2"d Addition, Hennepin County, Minnesota (collectively the "Property"); and WHEREAS, drainage and utility easements were dedicated to the public within certain portions of the Property on the plats of Cavanaughs Meadowwoods Park and Cavanaughs Meadowwoods Park 2"d Addition; and WHEREAS, the Owners have requested approval to replat the Property as Cavanaughs Meadowwoods Park 3rd Addition; and WHEREAS, Arrowhead Holdings, LLC proposes to relocate certain utilities which are currently located within the Property's existing drainage and utility easements; and WHEREAS the Owners have petitioned the City to vacate those platted drainage and utility easements within the Property and have proposed to dedicate new easements within the Cavanaughs Meadowwoods Park 3rd 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 a public hearing on the proposed vacation on January 7, 2020, at which hearing all interested parties were heard; and Resolution No. 2020-17 March 17, 2020 WHEREAS, following the public hearing, the City Council determined that the drainage and utility easements proposed within the Cavanaughs Meadowwoods Park 3rd Addition plat would better serve the public interest than those originally dedicated; and WHEREAS, upon such finding, the City Council determined that the vacation of the previously dedicated drainage and utility easements is in the public interest, subject to required easements being dedicated to the public within the Cavanauaghs Meadowwoods Park 3rd Addition plat. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota as follows: 1. Subject to the Owners dedicating all easements required by the city within the Cavanaughs Meadowwoods Park 3rd Addition plat, the drainage and utility easements described in Exhibit A are vacated. 2. 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 easements described in Exhibit A only in coordination with and immediately prior to the recording of the Cavanaughs Meadowwoods Park 3rd Addition plat. Dated: March 17, 2020. Kathleen Martin, Mayor ATTST. Jodi M. Gallup,City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Anderson 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. 2020-17 2 March 17, 2020 EXHIBIT A Legal Description of Vacated Drainage and Utility Easements All drainage and utility easements dedicated to the public on the plats of Cavanaughs Meadowwoods Park and Cavanaughs Meadowwoods Park 2nd Addition that are within the following described property: Lot 1, Block 1, Cavanaughs Meadowwoods Park, Hennepin County, Minnesota; OutlotA, Cavanaughs Meadowwoods Park, Hennepin County, Minnesota; and Lot 1, Block 1, Cavanaughs Meadowwoods Park 2nd Addition, Hennepin County, Minnesota. Resolution No. 2020-17 3 March 17, 2020