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HomeMy Public PortalAbout2006-079 Resolution Vacating Portion of Drainage & Utility Easements at Clydesdale MarketplaceMember Weir introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2006-79 RESOLUTION VACATING A PORTION OF DRAINAGE AND UTILITY EASEMENTS LOCATED WITHIN LOTS 2 AND 3, BLOCK 1, MEDINA CLYDESDALE MARKETPLACE WHEREAS, Ryan Companies US, Inc. is in the process of replatting a portion of Medina Clydesdale Marketplace; and WHEREAS, the proposed plat will be Medina Clydesdale Marketplace 2nd Addition (the "Property"); and WHEREAS, Ryan Companies US, Inc. has requested that the city of Medina (the "City") vacate a portion of the drainage and utility easement legally described on Exhibit A; and WHEREAS, upon the recording of the proposed plat of Medina Clydesdale Marketplace 2nd Addition, the portion of the drainage and utility easement proposed to be vacated is no longer needed; and WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for October 17, 2006, to consider the proposed vacation of the drainage and utility easement described in Exhibit A; 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 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 portion of drainage and utility easement to be in the public interest. Resolution No. 2006-79 October 17, 2006 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota as follows: 1. The City hereby declares that the portion of utility and drainage easement legally described above to be vacated. 2. The City hereby declares that this vacation is subject to the City obtaining replacement drainage and utility easements on the proposed plat of Medina Clydesdale Marketplace 2nd Addition. 3. The administrator -clerk -treasurer is authorized and directed to prepare and present to the County auditor a notice that the City has completed these vacation proceedings and request that the same be entered in the County' transfer records. Dated: October 17, 2006 ruce D. Workman, Mayor ATTEST: PC ad 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. 2006-79 October 17, 2006 2 EXHIBIT A LEGAL DESCRIPTION OF EASEMENT VACATION That part of the dedicated easement for drainage and utility purposes over, under and across those parts of Lots 2 and 3, Block 1, MEDINA CLYDESDALE MARKETPLACE, according to the recorded plat thereof, Hennepin County, Minnesota, being 10.00 feet in width and lying 5.00 feet perpendicular from both sides of the centerline described as follows: Commencing at the most northerly comer of said Lot 3; thence South 23 degrees 37 minutes 55 seconds East, record bearing per MEDINA CLYDESDALE MARKETPLACE, along a northeasterly line of said Lot 3, a distance of 41.37 feet; thence South 66 degrees 22 minutes 05 seconds West, along a southeasterly line of said Lot 3, a distance of 56.08 feet to the point of beginning of centerline to be described; thence continue along the previous described course, South 66 degrees 22 minutes 05 seconds West, along said southeasterly line of Lot 3, a distance of 53.09 feet; thence South 23 degrees 37 minutes 55 seconds East, along a northeasterly line of said Lot 3, a distance of 152.03 feet to a line lying 5.00 feet northwesterly of, parallel with, and as measured radial to the most southeasterly line of said Lots 2 and 3, and there terminating. The sidelines of said easement vacation shall prolong or shorten to terminate at a line that bears North 23 degrees 37 minutes 47 seconds West through said point of beginning and shall prolong or shorten to terminate at said line lying 5.00 feet northwesterly of, parallel with, and as measured radial to said most southeasterly line of Lots 2 and 3. Resolution No. 2006-79 October 17, 2006 3