HomeMy Public PortalAbout1995-025Member Ann Thies introduced the following resolution and moved its
adoption:
CITY OF MEDINA
RESOLUTION NO. 95-25
RESOLUTION AFFIRMING VACATION OF 60 FOOT WIDE
STREET AND UTILITY EASEMENT
WHEREAS, the city council of the city of Medina, Minnesota on June 7 1988,
by Resolution No. 88-40, authorized the city clerk treasurer to cause notice of a
hearing regarding the vacation of a 60 foot easement for street and utility purposes
over a portion of Navajo Hills Addition to be published in the official newspaper and
to be posted in the area of the affected property at least two weeks prior to the
public hearing; and
WHEREAS, the notice of said public hearing was in fact published on June _,
1988 in the official newspaper and was posted in the area of the affected property;
and
WHEREAS, on July 5, 1988, the city council held the public hearing on the
vacation of the 60 foot utility and street easement, at which public hearing all
interested parties were heard with respect to said vacation, and determined that t}e
vacation of said easement to be in the public interest; and
WHEREAS, despite the above proceedings the resolution authorizing vacation
and directing the city clerk -treasurer to prepare the necessary documents was not
executed by the then -mayor and clerk -treasurer; and
WHEREAS, the city council has now reviewed the facts and determined that all
procedural steps necessary to effect a vacation were taken in 1988, except the
execution of the resolution by the appropriate city officials .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Medina, Minnesota as follows:
RHB91794
ME230-1-PZ
1. The city council hereby reaffirms its actions of July 5, 1988 and
declares that the following easement shall be vacated:
The easement for street and utility purposes, in favor of
the City of Medina, Minnesota, over, under the across the
south 60 feet of that part of the Southeast Quarter of the
of the Northeast Quarter of Section 13, Township 118,
Range 23, lying north of the south 945 feet thereof,
Hennepin County, Minnesota, created by Hennepin County
Recorder Document No. 4722972, and referenced in several
Hennepin County Recorder and Registrar of Titles
Documents, including, but not necessarily limited to, Nos.
4720513, 4722973, 4722974, 1470698 and 1470702.
2. The city clerk -treasurer is authorized and directed to prepare and
present to Hennepin county the notice that the city council has
completed these vacation proceedings and request that the same be
reflected in the county's records.
3. Nothing in this vacation proceeding shall affect or impair the validity
of the easement for roadway and utility purposes in favor of the City of
Medina, over, under and across the easterly 30 feet of that part of the
Southeast Quarter of the Northeast Quarter of Section 13, Township
118, Range 23, lying north of the south 945 feet thereof, created by
Hennepin County Recorder Document No. 4722974 and Registrar of
Titles Document No. 1470702.
Dated: July 18 , 1995.
ATTEST:
Anne E. Theis, Mayor
J:'• "E arlson, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by member
Anne Theis and upon vote being taken thereon, the following voted in favor
thereof: John Ferris, James Johnson, Thies, and Mayor Theis.
and the following voted against same: None.
Absent: Philip Zietlow.
Whereupon said resolution was declared duly passed and adopted.
RHB91794
ME230-1-PZ