HomeMy Public PortalAbout2022-54 - Baker Townhomes Vacation ResolutionResolution No. 2022-##
June 21, 2022
DOCSOPEN-ME230-752-804238.v1-6/15/22
Member Cavanaugh introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2022-54
RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENT AT
1432 COUNTY ROAD 29
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Medina Townhome Development LLC (the “Owner”) owns property
located at 1432 County Road 29 (the “Property”), which is legally described in Exhibit A,
attached hereto; and
WHEREAS, a drainage and utility easement was granted upon the Property on November
9, 2021 and recorded with the Hennepin County Recorder on November 10, 2021 as document
number A11039280 (the “Easement”); and
WHEREAS, the Owner petitioned the City to vacate the Easement and proposes to
replace the Easement with easements in different locations based upon the Owner’s updated
utility layout on 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 June 21,
2022 at which hearing all interested parties were heard; and
WHEREAS, following the public hearing, the City Council determined that the
replacement easements would serve the needs of the public; and
WHEREAS, upon such finding, the City Council determined that the proposed vacation of
the Easement is in the public interest.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota as follows:
1. The Easement, dated November 9, 2021 and recorded with the Office of the
Hennepin County Recorder on November 10, 2021 as Document No. A11039280, is
Resolution No. 2022-54 2
June 21, 2022
hereby vacated, subject to the Owner’s execution and delivery of a replacement
easement that meets all requirements of City staff.
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 with Hennepin County in coordination
with recordation of said replacement easement as described herein.
Dated: June 21, 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. 2022-54 3
June 21, 2022
EXHIBIT A
Legal Description of the Property
The Property is located in Hennepin County, Minnesota and legally described as follows:
That part of the Northwest Quarter of Section 30, Township 118 North, Range 23 West of
the 5th Principal Meridian, described as follows: Beginning at a point on the West line of
said Northwest Quarter, distant 813 feet South of the Northwest corner thereof; thence
South along said West line 231 feet; thence deflecting 90 degrees left 472 feet; thence
deflecting 90 degrees left 231 feet; thence West to the point of beginning.
Abstract Property