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HomeMy Public PortalAbout2020-80 Resolution Vacating a Portion of Drainage and Utility Easements at 985 and 995 Medina RoadMember Martin introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2020-80 RESOLUTION VACATING A PORTION OF DRAINAGE AND UTILITY EASEMENTS AT 985 AND 995 MEDINA ROAD WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Michael W. Anderson and Carolyn G. Anderson (the "the Andersons") own property located at 995 Medina Road (the "Anderson Parcel"); and WHEREAS, Oakwood Hill, LLC ("Oakwood") owns property located at 985 Medina Road (the "Oakwood Parcel"); and WHEREAS, the Anderson Parcel and Oakwood Parcel are collectively referred to herein as the "Property" and are legally described in Exhibit A, attached hereto; and WHEREAS, the Andersons and Oakwood are collectively referred to herein as the "Owners"; and WHEREAS, drainage and utility easements were dedicated to the public upon certain portions of the Property on the plat of Green Pastures Farm; and WHEREAS, on October 6, 2020, the City granted approval to the Owners of a lot line rearrangement between 985 Medina Road and 995 Medina Road: and WHEREAS, the Owners have requested that the City vacate a portion of the drainage and utility easements which were adjacent to the property lines which were moved; and WHEREAS, the Owners have granted replacement drainage and utility easements adjacent to the newly adjusted property lines of the Property; 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 provided in accordance with law; and WHEREAS, the City Council held a public hearing on the proposed vacation on October 20, 2020 at which hearing all interested parties were heard; and Resolution No. 2020-80 October 20, 2020 WHEREAS, following the public hearing, the City Council determined that the drainage and utility easements granted adjacent to the adjusted property lines better serve the public interest than the portion of the easements proposed to be vacated; and WHEREAS, upon such finding, the City Council determined that the proposed vacation of a portion of the drainage and utility easements is in the public interest. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota as follows: 1. The portion of the drainage and utility easements upon the Property described in Exhibit B are hereby 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 B. Dated: October 20, 2020. l Z� Kathleen Martin, Mayor A t,AT: 6es Jodi allup, City Cl The motion for the adoption of the foregoing resolution was duly seconded by member DesLauriers 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. Resolution No. 2020-80 2 October 20, 2020 EXHIBIT A Legal Description of the Property Anderson Parcel — 995 MEDINA ROAD That part of Lot 1, Block 1, Green Pastures Farm which lies easterly of the following described line and it's southeasterly extension: Commencing at the most southerly corner of said Lot 1; thence on an assumed bearing of North 68 degrees 29 minutes East along the Southeasterly line of said Lot 1 a distance of 177.11 feet to the point of beginning of the line being described; thence North 39 degrees 06 minutes 53 seconds West a distance of 191.45 feet to it's intersection with the east line of the west 45.00 feet of said Lot 1; thence northerly along said east line to the northerly line of said Lot 1 and said line there ending. Also, that part of Lot 2, Block 1, Green Pastures Farm, which lies westerly of the following described line: Commencing at the most westerly corner of said Lot 2; thence on an assumed bearing of North 68 degrees 29 minutes East along the westerly segment of the northerly line of said Lot 2 a distance of 524.17 feet to an angle point in said northerly line and the point of beginning of the line being described; thence continuing North 68 degrees 29 minutes East a distance of 36.13 feet; thence North 19 degrees 46 minutes 51 seconds West a distance of 102.81 feet; thence North 64 degrees 41 minutes 31 seconds East a distance of 132.52 feet; thence North 00 degrees 21 minutes 56 seconds West a distance of 231.60 feet to the northerly line of said Lot 2 and said line there ending. Oakwood Parcel — 985 MEDINA ROAD That part of Lot 1, Block 1, Green Pastures Farm which lies westerly of the following described line and it's southeasterly extension: Commencing at the most southerly corner of said Lot 1; thence on an assumed bearing of North 68 degrees 29 minutes East along the Southeasterly line of said Lot 1 a distance of 177.11 feet to the point of beginning of the line being described; thence North 39 degrees 06 minutes 53 seconds West a distance of 191.45 feet to it's intersection with the east line of the west 45.00 feet of said Lot 1; thence northerly along said east line to the northerly line of said Lot 1 and said line there ending. Also Lot 2, Block 1, Green Pastures Farm except the North 225 feet of the East 208 feet of said Lot 2. Also, except that part of said Lot 2 which lies westerly of the following described line: Commencing at the most westerly corner of said Lot 2; thence on an assumed bearing of North 68 degrees 29 minutes East along the westerly segment of the northerly line of said Lot 2 a distance of 524.17 feet to an angle point in said northerly line and the point of beginning of the line being described; thence continuing North 68 degrees 29 minutes East a distance of 36.13 feet; thence North 19 degrees 46 minutes 51 seconds West a distance of 102.81 feet; thence North 64 degrees 41 minutes 31 seconds East a distance of 132.52 feet; thence North 00 degrees 21 minutes 56 seconds West a distance of 231.60 feet to the northerly line of said Lot 2 and said line there ending. Resolution No. 2020-80 3 October 20, 2020 EXHIBIT B Legal Description of Vacated Easements That part of the 20.00 foot wide drainage and utility easement centered along the northeasterly line of Lot 1, Block 1, Green Pastures Farm which lies southeasterly of the northwesterly 10.00 feet of said easement which is adjacent to Medina Road and which lies northwesterly of a line 20 feet northwesterly of, measured at right angles to, and parallel with the southeasterly line of said Lot 1 and its northeasterly extension. Resolution No. 2020-80 4 October 20, 2020