HomeMy Public PortalAbout2006-006 Resolution Vacating Portion of Drainage & Utility Easements on Cox Brothers FarmMember Weir introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2006-06
RESOLUTION VACATING A PORTION OF DRAINAGE AND
UTILITY EASEMENTS BETWEEN LOT 2, BLOCK 2, COX BROTHERS FARM
AND OUTLOT A, PHILLIPS WOODLAND TERRACE
WHEREAS, Stephen C. Mann and Carmen A. Mann (the "Owners") are in the process
of platting and combining two parcels of land legally described as Lot 2, Block 2, Cox
Brothers Farm and Outlot A, Phillips Woodland Terrace, Hennepin County, Minnesota
(collectively, the "Property"); and
WHEREAS, the Owners have requested the city of Medina (the "City") to vacate
existing drainage and utility easements dedicated on the two plats; and
WHEREAS, the original plats of Cox Brothers Farm and Woodland Terrace dedicated
to the public drainage and utility easements centered on the common lot line between the
plats; and
WHEREAS, because of the combination of the lots, the drainage and utility easements
centered between the lots and legally described on Exhibit A attached hereto are no longer
needed by the City; and
WHEREAS, new drainage and utility easements will be dedicated on the new plat; and
WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for
January 17, 2006, to consider the proposed vacation of the described drainage and utility
easements; 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
Resolution No. 2006-06 1
January 17, 2006
WHEREAS, the City has this day held the public hearing on the proposed vacation, at
which hearing all interested parties were heard; and
WHEREAS, following the public hearing the City has determined that the vacation of
the described drainage and utility easements 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 subject to the
following terms and conditions:
1. Vacation of the drainage and utility easements is subject to the approval and
recording of the new plat of Mann 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 as dedicated on the plats of Cox
Brothers Farm and Phillips Woodland Terrace and legally described in
Exhibit A attached hereto, with the Hennepin County Recorder and Auditor.
Dated: January 17, 2006.
Bruce D. Workman, Mayor
ATTEST:
Chad M. Adams, City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Brinkman and upon vote being taken thereon, the following voted in favor thereof:
Brinkman, Weir, Workman, Cavanaugh, Smith
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2006-06 2
January 17, 2006
EXHIBIT A
Proposed vacation of Utility and Drainage Easements
To vacate that part of the Easterly 10.00 foot wide utility and drainage easement as
donated and dedicated in the recorded plat of COX BROTHERS FARM, Hennepin
County, Minnesota lying West of and adjacent to the east line of Lot 2, Block 2;
excepting therefrom the north and south 10.00 feet of said Lot 2.
To vacate that part of the westerly 10.00 foot wide utility and drainage easement as
donated and dedicated in the recorded plat of PHILLIPS WOODLAND TERRACE,
Hennepin County, Minnesota lying east of and adjacent to the west line of Outlot A,
excepting therefrom the north and south 10.00 feet of said Outlot A.
Resolution No. 2006-06 3
January 17, 2006