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HomeMy Public PortalAbout2022-12 Resolution Approving 744 Aster Road Easement VacationResolution No. 2022-12 February 15, 2022 Member _DesLauriers_ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2022-12 RESOLUTION VACATING A PORTION OF A DRAINAGE AND UTILITY EASEMENT AT 744 ASTER ROAD WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Balaji Venkatasubramanian and Seethalakshmi Shambashivan, Trustees under the Balaji Venkatasubramanian Living Trust, dated February 26, 2021 (the “Owners”) own property located at 744 Aster Road (the “Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, drainage and utility easements were dedicated to the public upon certain portions of the Property on the plat of Reserve of Medina; and WHEREAS, the Owners have requested that the City vacate a portion of the drainage and utility easement which runs west-to-east through the rear yard of the Property; and WHEREAS, pursuant to Minn. Stat. § 462.358 subd. 7 and 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 February 15, 2022 at which hearing all interested parties were heard; and WHEREAS, following the public hearing, the City Council determined that the remaining easement is sufficient and vacation of a portion of the easement, as requested, allows additional use of the Property without sufficiently impacting the intended use of the easement; and WHEREAS, upon such finding, the City Council determined that the proposed vacation of a portion of the drainage and utility easement is in the public interest. Resolution No. 2022-12 2 February 15, 2022 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 the vacation of the portion of the easement described in Exhibit B with Hennepin County. Dated: February 15, 2022 ______________________________ Kathleen Martin, Mayor ATTEST: ______________________________________ Scott T. Johnson, City Administrator/Clerk The motion for the adoption of the foregoing resolution was duly seconded by member _Albers_ upon vote being taken thereon, the following voted in favor thereof: DesLauriers, Albers, Reid, Cavanaugh, Martin And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2022-12 3 February 15, 2022 EXHIBIT A Legal Description of the Property Lot 4, Block 2, Reserve of Medina, Hennepin County, Minnesota Resolution No. 2022-12 4 February 15, 2022 EXHIBIT B Legal Description of Vacated Easement NOTE: See following page for depiction of Vacated Easement Resolution No. 2022-12 5 February 15, 2022