HomeMy Public PortalAbout2005-034 Resolution Vacating Drainage & Utility Easement & Vacating Hunter Rd Dedicated in the Plats of Cherry Hill FarmMember Weir introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2005-34
RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENT AND
VACATING HUNTER ROAD DEDICATED IN THE PLATS OF
CHERRY HILL FARM AND T.R.A. ADDITION
WHEREAS, Ryan Companies US, Inc. (the "Developer") is the fee owner or purchaser of
Lot 1, Block 1, T.R.A. Addition, Lot 1, Block 3, Cherry Hill Farm and Outlot C, Cherry Hill Farm,
Hennepin County, Minnesota (the "Property"); and
WHEREAS, Developer is in the process of replatting the Property which will change the
current boundary lines; and
WHEREAS, Developer has requested that the city of Medina (the "City") vacate portions
of the drainage and utility easements on the Property; and
WHEREAS, the new proposed plat is named Medina Clydesdale Marketplace (the "Plat") ;
and
WHEREAS, the portion of the drainage and utility easements to be vacated is legally
described as:
All drainage and utility easements dedicated in Lot 1, Block 3 and Outlot C, CHERRY
HILL FARM, according to the recorded plat thereof, Hennepin County, Minnesota except
that part of said drainage and utility easements lying 20 feet south and 30 feet west east of
the following described line:
Beginning at the northwest corner of Outlot C, said CHERRY HILL FARM; thence
South 89 degrees 43 minutes 35 seconds East, assumed bearing, along a north line of said
Resolution No. 2005-34
June 7, 2005
Outlot C, a distance of 299.37 feet to a west line of Outlot C; thence North 00 degrees 22
minutes 45 seconds West, along said west line, a distance of 34.30 feet to the most northerly
line of said Outlot C and there terminating.
And
All drainage and utility easements dedicated on Lot 1, Block 1, in T.R.A. ADDITION,
according to the recorded plat thereof, Hennepin County, Minnesota; and
WHEREAS, the portion of the drainage and utility easements to be vacated will no longer
be needed; and
WHEREAS, Developer will be dedicating new drainage and utility easements on the Plat;
and
WHEREAS, Developer has requested that the City vacate Hunter Road as dedicated on the
plats of Cherry Hi11 Farm and T.R.A. Addition; and
WHEREAS, the roadway to be vacated is legally described as:
A11 that part of Hunter Road, as dedicated in T.R.A. ADDITION, according to the recorded
plat thereof, Hennepin County, Minnesota excepting that part of said Hunter Road previously
vacated in Document No. 5677045
And
All that part of Hunter Road, as dedicated in CHERRY HILL FARM, according to the
recorded plat thereof, Hennepin County; and
WHEREAS, Hunter Road is no longer needed for roadway purposes due to new rights of
way within the Plat; and
Resolution No. 2005-34
June 7, 2005
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WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for
June 7, 2005, to consider the proposed vacation of the utility and drainage easements and the
vacation of Hunter Road as dedicated on the plats of Cherry Hi11 Farm and T.R.A. Addition; and
WHEREAS, notice of the public hearing was posted, published twice in the official
newspaper and mailed to the owners of other affected properties at least 10 days before the hearing,
all in accordance with law; and
WHEREAS, the City has this day held the public hearing on the proposed vacations, at
which hearing all interested parties were heard; and
WHEREAS, following the public hearing, the City has determined that the vacation of the
described utility and drainage easements and the vacation of the described Hunter Road to be in the
public interest.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota, that the drainage and utility easements are hereby vacated and Hunter Road as dedicated
on the plats of Cherry Hi11 Farm and T.R.A. Addition is hereby vacated, subject to the following
terms and conditions:
1. Vacation of the drainage and utility easement is subject to the approval and
recording of the new plat of Medina Clydesdale Marketplace; which plat dedicates
new drainage and utility easements as required by the City; and
2. The City staff is hereby authorized and directed to file the notice of vacation of the
drainage and utility easements and the vacation of Hunter Road as dedicated on the
plat of Cherry Hill and T.R.A. Addition with the Hennepin County Recorder and
Auditor.
Resolution No. 2005-34
June 7, 2005
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Dated: June 7, 2005.
ruce D. Workman, Mayor
ATTEST:
Chad M. Adams, City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Smith
and upon vote being taken thereon, the following voted in favor thereof
Weir, Workman, Cavanaugh, Smith
and the following voted against same: (Absent: Brinkman)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2005-34
June 7, 2005