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HomeMy Public PortalAbout2022-99 - Reso-Vacation-1400-1420TamarackResolution No. 2022-99 November 1, 2022 Member DesLauriers introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2022-99 RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS AT 1400 TAMARACK DRIVE AND 1420 TAMARACK DRIVE WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, G & S-K Family, LLC, a Florida limited liability company (the “Owner”) owns two parcels of land located at 1400 Tamarack Drive (“Parcel A”) and 1420 Tamarack Drive (“Parcel B”), which are legally described in Exhibit A, attached hereto; and WHEREAS, Parcel A and Parcel B are collectively referred to herein as the “Property”; and WHEREAS, the City has recently granted conditional approval of the Owner’s request to rearrange the property line between Parcel A and Parcel B such that the parcels would be legally described as shown in Exhibit B, attached hereto; and WHEREAS, drainage and utility easements on the Property were dedicated to the public on the plat of Maple Ridge Estates, including perimeter easements adjacent to the property lines; and WHEREAS, the requested rearrangement of the property line between Parcel A and Parcel B will result in a portion of said easements which were previously adjacent to said property line to no longer be so; and WHEREAS, the Owner has requested that the City vacate a portion of the drainage and utility easements which are no longer adjacent to a property line (the “Subject Area”), as legally described in Exhibit C, attached hereto; and WHEREAS, the Owner is required to grant drainage and utility easements to the public adjacent to the newly rearranged property line between Parcel A and Parcel B; 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 provided to the owners of affected properties, all in accordance with law; and Resolution No. 2022-99 2 November 1, 2022 WHEREAS, the City Council held a public hearing on the proposed vacation on October 18, 2022 and continued said hearing on November 1, 2022 at which hearing all interested parties were heard; and WHEREAS, following the public hearing, the City Council determined that the replacement easements adjacent to the new property line location better serve the needs of the public; and WHEREAS, upon such finding, the City Council determined that the proposed vacation of the Subject Area is in the public interest. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota as follows: 1. The drainage and utility easement within the Subject Area upon Property as described in Exhibit C is hereby vacated, subject to the Owner’s requested lot line rearrangement being effectuated and the execution of a replacement easement as recommended by City staff. 2. Upon satisfaction of the above conditions, 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 of the easement within the Subject Area as described in Exhibit C with Hennepin County in coordination with recordation of the replacement easement as described herein. Dated: November 1, 2022 ______________________________ Kathleen Martin, Mayor ATTEST: ______________________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Martin upon vote being taken thereon, the following voted in favor thereof: Albers, Cavanaugh, DesLauriers, Martin, Reid Resolution No. 2022-99 3 November 1, 2022 And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2022-99 4 November 1, 2022 EXHIBIT A Legal Description of the Property Prior to Rearrangement Parcel A Lot 3, Block 1, MAPLE RIDGE ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota. Area: 88,924 square feet ~ 2.04 acres Parcel B Lot 2, Block 1, MAPLE RIDGE ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota. Area: 739,435 square feet ~ 16.98 acres Resolution No. 2022-99 5 November 1, 2022 EXHIBIT B Legal description of the Property after Rearrangement Parcel A That part of Lots 2 and 3, Block 1, MAPLE RIDGE ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota, lying east of a line described as commencing at the southeast corner of said Lot 3; thence on an assumed bearing of South 89 degrees 50 minutes 42 seconds West along the south line of said Lot 3 a distance of 352.48 feet to the shared south corner of said Lots 2 and 3, which is also the actual point of beginning of the described line; thence North 00 degrees 00 minutes 15 seconds West a distance of 759.79 to the north line of said Lot 2 and there terminating. Area: 272,387 square feet ~ 6.25 acres Parcel B That part of Lots 2 and 3, Block 1, MAPLE RIDGE ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota, lying west of a line described as commencing at the southeast corner of said Lot 3; thence on an assumed bearing of South 89 degrees 50 minutes 42 seconds West along the south line of said Lot 3 a distance of 352.48 feet to the shared south corner of said Lots 2 and 3, which is also the actual point of beginning of the described line; thence North 00 degrees 00 minutes 15 seconds West a distance of 759.79 to the north line of said Lot 2 and there terminating. Area: 555,972 square feet ~ 12.76 acres Resolution No. 2022-99 6 November 1, 2022 EXHIBIT C Legal description of Subject Area to be Vacated That portion of the drainage and utility easement over, under and across that part of Lots 2 and 3, Block 1, MAPLE RIDGE ESTATES, according to the recorded plat thereof, Hennepin county, Minnesota, lying 5.00 feet on either side of a centerline described as commencing at the southeast corner of said Lot 3; thence on an assumed bearing of South 89 degrees 50 minutes 42 seconds West, along the south line of said Lot 3, a distance of 352.48 feet to the shared south corner of said Lots 2 and 3, which is also the actual point of beginning of the described centerline; thence North 22 degrees 49 minutes 32 seconds West along the west line of said Lot 3 to the northwest corner of said Lot 3; thence North 89 degrees 52 minutes 22 seconds East, along the north line of said Lot 3, a distance of 449.19 feet to the east line of said Block 1 and there terminating Easement Vacation Area: 6,794 S.F.