HomeMy Public PortalAbout2007-026 Resolution Vacating Portion of Drainage & Utility Easement for Jack Russell RidgeMember Weir introduced the following resolution and moved its adoption.
CITY OF MEDINA
RESOLUTION NO. 2007- 26
RESOLUTION VACATING A PORTION OF DRAINAGE
AND UTILITY EASEMENT
FOR JACK RUSSELL RIDGE
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, David J. Dalbec and Debra A. Dalbec (the "Owners") are the owners of Lot 3,
Block 1, Jack Russell Ridge in Hennepin County, Minnesota (the "Property"); and
WHEREAS, the City has approved the plat of Beannact Farm which provides for the
creation of new drainage and utility easements and allows the vacation of a portion of old drainage
and utility easements created through the underlying plat of Jack Russell Ridge; and
WHEREAS, the Owner applied to the City for the vacation of a portion of the old drainage
and utility easements within the Property legally described in the attached Exhibit A; and
WHEREAS, the City has determined that the old drainage and utility easements are no
longer needed by the City; and
WHEREAS, the City will obtain replacement drainage and utility easements as shown on
the plat of Beannact Farm; and
WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for
May 1, 2007 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
WHEREAS, the City held the public hearing on the proposed vacation on May 1, 2007, at
which hearing all interested parties were heard; and
WHEREAS, following the public hearing, the City determined that the vacation of the old
drainage and utility easement as described on Exhibit A is in the public interest, subject to
acquisition of replacement easements on the new plat.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota as follows:
Resolution 2007-26
May 15, 2007
1
1. The City hereby declares the drainage and utility easement described in Exhibit A
attached hereto to be vacated subject to obtaining the drainage and utility easements
conveyed on the plat of Beannact Farm.
2. The city administrator or his designee is authorized and directed to prepare and
present to the Hennepin County auditor a notice that the City has completed these
vacation proceedings and record with Hennepin County recorder the vacation of the
drainage and utility easements only after the filing of the plat of Beannact Farm.
Dated: May 15, 2007
T.M. Crosby, Jr., Maybr
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:
Crosby, Cavanaugh, and Weir
and the following voted against same: (absent Johnson, Smith)
Whereupon said resolution was declared duly passed and adopted.
Resolution 2007-26 2
May 15, 2007
Exhibit A
Legal Description of the Vacated Drainage and Utility Easements
The drainage and utility easements on Lot 3, Block 1, Jack Russell Ridge, Hennepin County,
Minnesota.
Resolution 2007-26 3
May 15, 2007