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HomeMy Public PortalAbout2022-34 Resolution Vacating Drainage and Utility Easements at 4250 Arrowhead DriveResolution No. 2022-34 May 3, 2022 DOCSOPEN-ME230-774-792547.v1-4/19/22 Member DesLauriers introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2022-34 RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS AT 4250 ARROWHEAD DRIVE WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, BPS Properties, LLC (the “Owner”) owns property located at 4250 Arrowhead Drive (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 Arrowhead Estates; and WHEREAS, the Owner has proposed to subdivide and develop the Property as part of the Marsh Pointe Preserve subdivision and proposes to dedicate necessary easements upon the new plat; and WHEREAS, the Owner has requested that the City vacate the easements which were previously dedicated upon the Property on the plat of Arrowhead Estates, subject to recordation of the Marsh Pointe Preserve plat which will dedicate new drainage and utility easements in necessary locations; 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 May 3, 2022 during which all interested parties were provided the opportunity to be heard; and WHEREAS, following the public hearing, the City Council determined the following: 1) The drainage and utility easements within the Property as dedicated on the Arrowhead Estates plat will no longer be in the appropriate locations upon development and recordation of the Marsh Pointe Preserve plat. 2) The drainage and utility easements proposed to be dedicated on the Marsh Pointe Preserve plat better serve the public interest. 3) Subject to dedication of all required drainage and utility easements within the Marsh Pointe Preserve plat, vacation of the drainage and utility easements dedicated upon the Property on the Arrowhead Estates plat is in the public interest. Resolution No. 2022-34 2 May 3, 2022 NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota as follows: 1. The drainage and utility easements upon the Property described and depicted in Exhibit B are hereby vacated, subject to recordation of the Marsh Pointe Preserve plat. 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. Such documentation shall be submitted and recorded in coordination with recordation of the Marsh Pointe Preserve plat. Dated: May 3, 2022. ______________________________ Kathleen Martin, Mayor ATTEST: ______________________________________ Caitlyn Walker, City 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: Albers, Cavanaugh, DesLauriers, Martin And the following voted against same: (Absent: Reid) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2022-34 3 May 3, 2022 EXHIBIT A Legal Description of the Property Lot 1, Block 1 and Outlot B, Arrowhead Estates, Hennepin County, Minnesota Resolution No. 2022-34 4 May 3, 2022 EXHIBIT B Legal Description of Vacated Easements All those drainage and utility easements, originally dedicated on the recorded plat of ARROWHEAD ESTATES, Hennepin County, Minnesota, and now to be vacated, which lie within Lot 1, Block 1, said plat.