HomeMy Public PortalAbout2007-046 Resolution Vacating Portion of Drainage & Utility Easement for Willow Hill PreserveMember Weir introduced the following resolution and moved its adoption.
CITY OF MEDINA
RESOLUTION NO.2007-46
RESOLUTION VACATING A PORTION OF DRAINAGE
AND UTILITY EASEMENT
FOR WILLOW HILL PRESERVE
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Bruce G. Paddock is the owner of Lot 3, Block 1, Willow Hill Preserve and
Chris Mallett is the owner of Lot 4, Block 1, Willow Hill Preserve (collectively the "Owners") in
Hennepin County, Minnesota (the "Property"); and
WHEREAS, the City has approved the lot line rearrangement of the common lot line
between Lots 3 and 4, Block 1, Willow Hill Preserve; and
WHEREAS, the Owners applied to the City for the vacation of a portion of the old drainage
and utility easement within the Property legally described in Exhibit A
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 described
on Exhibit B; and
WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for
September 4, 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 September 4,
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 in Exhibit A is in the public interest, subject to
acquisition of replacement easements as described in Exhibit B.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota as follows:
Resolution No. 2007-46
September 4, 2007
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
as described in Exhibit B.
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 lot line rearrangement of
Lots 3 and 4, Block 1, Willow Hill Preserve.
Dated: September 4, 2007
ATTEST:
4.
Chad M. dams, 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, Smith, Weir, Cavanaugh, Johnson
and the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2007-46
September 4, 2007
2
Exhibit A
Legal Description of the Vacated Drainage and Utility Easements
The drainage and utility easements dedicated to the public in the plat of WILLOW HILL
PRESERVE which lie within 10.00 feet on each side of the common lot line between Lots 3 and 4,
Block 1, WILLOW PRESERVE, EXCEPT the south ten feet of said Lots 3 and 4, Lot 1, WILLOW
HILL PRESERVE, Hennepin County, Minnesota
Resolution No. 2007-46 3
September 4, 2007
EXHIBIT B
LEGAL DESCRIPTION OF NEW DRAINAGE
AND UTILITY EASEMENT
Those parts of Lots 3 and 4, Block 1, WILLOW HILL PRESERVE which lie within 10.00 feet on
each side of the follow described "Line A". Beginning at the most westerly corner of said Lot 3;
thence on an assumed bearing of South 37 degrees 47 minutes 57 seconds East along the northerly
segment of the westerly line of said Lot 3 a distance of 274.22 feet to an angle point in said westerly
line; thence South 8 degrees 25 minutes 29 seconds East to the south line of said Lot 3, and said
"Line A" there terminating.
Resolution No. 2007-46 4
September 4, 2007