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HomeMy Public PortalAbout2020-91 Resolution Vacating Drainage and Utility Easements within Outlot A Rolling Green Business CenterMember Martin introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2020-91 RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN OUTLOT A, ROLLING GREEN BUSINESS CENTER WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Rolling Green Business Park, LLC (the "Owner") owns property located south of Meander Road, east ofJubert Trail which is legally described as: Outlot A, Rolling Green Business Center, Hennepin County, Minnesota (the "Property"); and WHEREAS, drainage and utility easements were dedicated to the public upon certain portions of the Property on the plat of Rolling Green Business Center; and WHEREAS, US Home Corporation, dba Lennar (the "Applicant"), intends to purchase the Property and has requested approval of a subdivision of the Property and the land to the west to be called Meadowview Commons; and WHEREAS the Applicant has requested that the City to vacate those platted drainage and utility easements within the Property and have proposed to dedicate new easements within the Meadowview Commons 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 October 20, 2020 and November 4, 2020 at which hearing all interested parties were heard; and WHEREAS, following the public hearing, the City Council determined that the drainage and utility easements proposed within the Meadowview Commons 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 Meadowview Commons plat. Resolution No. 2020-91 November 17, 2020 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 Meadowview Commons 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 Meadowview Commons plat. Dated: November 17, 2020. Kathleen Martin, Mayor ATTEST: A G� Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member DesLauriers 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. 2020-91 2 November 17, 2020 EXHIBIT A Legal Description of Vacated Drainage and Utility Easements All drainage and utility easements dedicated to the public on the plat of Rolling Green Business Center that are within the following described property: OutlotA, Rolling Green Business Center, Hennepin County, Minnesota Resolution No. 2020-91 3 November 17, 2020