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