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.