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Home My Public Portal About2006-019 Resolution Vacating Clydesdale Court & Easements in West Ridge DevelII' Member Weir introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2006-19 RESOLUTION VACATING CLYDESDALE COURT AND EASEMENTS IN WEST RIDGE DEVELOPMENT AND VACATING DRAINAGE AND UTILITY EASEMENTS IN LOT 1, BLOCK 2, FRANCIS ADDITION WHEREAS, ACE Properties, LLC, a Minnesota limited liability company (the "Owner") is in the process of platting and combining two parcels of land legally described as Lot 1, Block 2, Francis Addition and Outlot G, Medina Clydesdale Marketplace, Hennepin County, Minnesota (collectively, the "Property"); and WHEREAS, Ryan Companies US, Inc., a Minnesota corporation is the owner of Outlot G, Medina Clydesdale Marketplace, Hennepin County; and WHEREAS, Ryan Companies US, Inc. is conveying Outlot G, Medina Clydesdale Marketplace, Hennepin County to ACE Properties, LLC; and WHEREAS, the Owner has requested the city of Medina (the "City") to vacate existing drainage and utility easements dedicated in Lot 1, Block 2, Francis Addition, Hennepin County; and WHEREAS, the Owner has requested the City to vacate Clydesdale Court and certain drainage and utility easements located in West Ridge Development, Hennepin County; and WHEREAS, the city has realigned Clydesdale Trail and, therefore, Clydesdale Court and certain drainage and utility easements located in West Ridge Development are no longer needed by the City; and WHEREAS, Lot 1, Block 2, Francis Addition, Hennepin County dedicated to the public drainage and utility easements around the perimeter of said Lot 1, Block 2; and WHEREAS, the plat of West Ridge Development, Hennepin County dedicated to the public Clydesdale Court, legally described as Clydesdale Court, as dedicated in West Ridge Development, Hennepin County, and dedicated certain drainage and utility easements described in the attached Exhibit A; and WHEREAS, the City will obtain replacement drainage and utility easements in West Ridge Development, Hennepin County legally described in the attached Exhibit B; and WHEREAS, because of the combination of the lots, all the drainage and utility easements originally dedicated around the perimeter of Lot 1, Block 2, Francis Addition, Hennepin County are no longer needed by the City; and Resolution No. 2006-19 February 21, 2006 1 WHEREAS, new drainage and utility easements will be dedicated on the new plat of West Ridge Development, Second Addition; and WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for February 21, 2006, to consider the proposed vacation of the described drainage and utility easements and the proposed vacation of Clydesdale Court; 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 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 and the vacation of Clydesdale Court to be in the public interest. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, that all the drainage and utility easements around the perimeter of Lot 1, Block 2, Francis Addition, Hennepin County and Clydesdale Court, West Ridge Development, Hennepin County and the drainage and utility easements, West Ridge Development, Hennepin County, as described in Exhibit A are hereby vacated subject to the following terms and conditions: 1. Vacation of the drainage and utility easements in the Francis Addition are subject to the approval and recording of the new plat of West Ridge Development Second Addition, Hennepin County, which plat dedicates new drainage and utility easements as required by the City and conveyance of Outlot G, Medina Clydesdale Marketplace from Ryan Companies US, Inc. to ACE Properties, LLC; and 2. Vacation of Clydesdale Court and vacation of drainage and utility easements, West Ridge Development, Hennepin County are subject to the approval and recording of the new plat of West Ridge Development, Second Addition, Hennepin County and is subject to the City obtaining the required new easements for the realignment of Clydesdale Trail and obtaining appropriate replacement perimeter easements as described in the attached Exhibit B; and 3. The City staff is hereby authorized and directed to file the notice of vacation of the drainage and utility easements around the perimeter of Lot 1, Block 2, Francis Addition, Hennepin County with the Hennepin County Recorder and Auditor; and 4. The City is hereby authorized and directed to file the notice of vacation of Clydesdale Court as dedicated in West Ridge Development according to the plat on file and of record in the office of the county recorder, Hennepin County and drainage and utility easements in West Ridge Development, Hennepin County and legally described in Exhibit A attached hereto, with the Hennepin County Recorder and Auditor. Resolution No. 2006-19 February 21, 2006 2 Dated: February 21, 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 Cavanaugh 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. 2006-19 February 21, 2006 3 EXHIBIT A Proposed vacation of Utility and Drainage Easements, West Ridge Development, Hennepin County, Minnesota: (see attached survey) Resolution No. 2006-19 February 21, 2006 4 EXHIBIT B Proposed Legal Descriptions for Replacement Drainage and Utility Easements, West Ridge Development, Hennepin County, Minnesota. Legal descriptions for vacation of Drainage and Utility Easements: Vacate all of the drainage and utility easements as dedicated in Lot 1, Block 2, Francis Addition according to the plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota. Vacate that part of the drainage and utility easements as dedicated in Lot 1, Block 1, West Ridge Development according to the plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota contained within the west 10.00 feet of said Lot 1 lying south of the easterly extension of the north line of Clydesdale Court as dedicated in said plat, except the south 5.00 feet of said Lot 1 and the southerly 10.00 feet of said Lot 1 lying north of the north line of said Clydesdale Court and its easterly extension, except the west 5.00 feet of said Lot 1. Legal description for vacation of Public Street and reservation of Drainage and Utility Easements: Vacated all of Clydesdale Court as dedicated in West Ridge Development according to the plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, and reserve for the right for drainage and utility easements over the west 5.00 feet and the south 5.00 feet of said Clydesdale Court. Resolution No. 2006-19 February 21, 2006 5 2-16-2005 wN D.O. SCALE I" = 80' EASEMENT AND VACATION EXHIBIT ACE MEDINA PROJECT V04103.62 _ . MEDINA,MINNEBOTA 621 Liao Drive North — ifinneopois, MN 55422 (763) 5415-9196 Late Surveyors v04103...Oceanedina/exhibits_for_vocations.S90