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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