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HomeMy Public PortalAbout2006-004 Resolution Vacating Drainage & Utility Easement Dedicated in Plat of Leawood FarmMember Smith introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2006-04 RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENT DEDICATED IN THE PLAT OF LEAWOOD FARM WHEREAS, Francis H. Graham and Robert J. Gumnit, (the "Applicants") are the fee owners of Lot 6 and Lot 7, Block 1, Leawood Farm Plat, Hennepin County, Minnesota (the "Property"); and WHEREAS, the Applicants are 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 Leawood Farm 2nd Addition (the "Plat') ; and WHEREAS, the portion of the drainage and utility easements to be vacated is legally described as: The 20 foot wide drainage and utility easement centered on the common lot line between Lots 6 and 7, Block 1, LEAWOOD FARM, as dedicated to the public in the recorded plat thereof. 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, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for December 20, 2005, to consider the proposed vacation of the utility and drainage easements; 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 to be in the public interest. Resolution No. 2006-04 January 17, 2006 NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, that the drainage and utility easements, as described herein, are hereby vacated as dedicated on the plat of Leawood Farm, 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 Leawood Farm 2nd Addition; 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 with the Hennepin County Recorder and Auditor. Dated: January 17, 2006 J' Bf'uce D. Workman, Mayor ATTEST: 94 4)4.,, Chad M. Adams, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Cavanaugh and upon vote being taken thereon, the following voted in favor thereof: Brinkman, Workman, Cavanaugh, Smith and the following voted against same: (Absent: Weir) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2006-04 January 17, 2006 2