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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