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