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HomeMy Public PortalAbout2008-027 Resolution Vacating Portions of Tamarack Dr & Related EasementsMember Weir introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2008-27 RESOLUTION VACATING PORTIONS OF TAMARACK DRIVE AND RELATED EASEMENTS WHEREAS, city of Medina (the "City") is the owner of right-of-way for Tamarack Drive and a related drainage and utility easement lying between the south line of Section 11, Township 118, Range 23, Hennepin County, Minnesota and a point 700 feet south of Hamel Road; and WHEREAS, the City has received requests that it vacate its interests in Tamarack Drive and the related drainage and utility easement in the described area and other portions of Tamarack Drive north and south of the described area; and WHEREAS, the portions of Tamarack Drive and related easement to be vacated are legally described on Exhibit A and depicted on Exhibits B through G attached hereto; and WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for April 15, 2008, to consider the vacation of portions of Tamarack Drive; and WHEREAS, notice of the public hearing was posted, published twice in the official newspaper, mailed to the owners of affected properties at least 10 days before the hearing and sent to the Minnesota Department of Natural Resources at least 60 days before the hearing, all in accordance with law; and WHEREAS, the City held the public hearing on the vacation on April 15, at which hearing all interested parties were heard; and WHEREAS, following the public hearing and additional consideration at the city council meeting on May, 6, 2008, the City has determined that the vacation of portions of Tamarack Drive and the related drainage and utility easement described on Exhibit A but not other portions of Tamarack Drive to be in the public interest. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, that those portions of Tamarack Drive, including right-of-way and drainage and utility easements legally described on Exhibit A and depicted on Exhibits B through G attached hereto, are hereby vacated, subject to the following terms and conditions: 1. Vacation of the described portions of Tamarack Drive and the related drainage and utility easement is conditional upon and subject to the adjacent three property owners conveying new utility easements 10 feet in width on either side of the quarter section line of Section 11; and Resolution No. 2008-27 May 20, 2008 2. The City staff is hereby authorized and directed to file the notice of vacation of the described portions of Tamarack Drive and the related drainage and utility easement with the Hennepin County Recorder and Auditor after receipt of the replacement drainage and utility easements as described above. Dated: May 20, 2008. T. M. Crosby, Jr., Mayo ATTEST: -/A1 4-u- Chad M. Adams, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Smith upon vote being taken thereon, the following voted in favor thereof: Crosby, Weir, Smith, Johnson and the following voted against same: Cavanaugh Whereupon said resolution was declared duly passed and adopted. Resolution No. 2008-27 2 May 20, 2008 EXHIBIT A Legal Description of Vacated Portions of Tamarack Drive and Related Drainage and Utility Easement 1. The drainage and utility easement over the east 10 feet of that part of Lot 1, Block 2, WILD ACRES OF MEDINA, Hennepin County, Minnesota, lying south of a line run westerly at right angles to the east line of said Lot 1, from a point 700.00 feet south of the northeast corner of said Lot 1. 2. Tamarack Drive adjoining the east line of Lot 1, Block 2, WILD ACRES OF MEDINA, Hennepin County, Minnesota, lying south of a line run easterly at right angles to the east line of said Lot 1, from a point 700.00 feet south of the northeast corner of said Lot 1. 3. The 16.5 foot Cartway adjoining the east line of the Southwest Quarter of Section 11, Township 118, Range 23, Hennepin County, Minnesota, and lying south of a line run easterly at right angles to the east line of Lot 1, Block 2, WILD ACRES OF MEDINA, Hennepin County, Minnesota, from a point 700.00 feet south of the northeast corner of said Lot 1. 4. The drainage and utility easement over the east 10 feet of Lot 2, Block 2, WILD ACRES OF MEDINA, Hennepin County, Minnesota. 5. Tamarack Drive adjoining the east line of Lot 2, Block 2, WILD ACRES OF MEDINA, Hennepin County, Minnesota. 6. The 16.5 foot Cartway adjoining the west line Southeast Quarter of Section 11, Township 118, Range 23, Hennepin County, Minnesota, and lying south of a line run easterly at right angles to the east line of Lot 1, Block 2, WILD ACRES OF MEDINA, Hennepin County, Minnesota, from a point 700.00 feet south of the northeast corner of said Lot 1. 3 Resolution No. 2008-27 May 20, 2008 1 VACATED 0&U EASEMENT 2 Pg 10' 30' WEST LINE SE QUARTER SECTION 11 i So* M %A BLACKFOOT TRAI i EXHIBIT B CITY OF MEDINA TAMARACK EASEMENT VACATION EXHIBIT 8.DWG Resolution No. 2008-27 May 20, 2008 DATE: 5-14-08 COMM: Bonestroo B-1 PPD 1 MN VACATED ROAD EASEMENT 2 P 1 30' WEST LINE SE QUARTER SECTION 11 r WIN fat tBLACKFOOT TRAIL, EXHIBIT C CITY OF MEDINA TAMARACK EASEMENT VACATION EXHIBIT C.DWG DATE: 5-14-08 Resolution No. 2008-27 May 20, 2008 COMM: Bonestroo C-1 1 11111111 VACATED CARTWAY EASEMENT — — — — f — - — 2 BLACKFOOT TRAIL \1 EXHIBIT D P 16.5' 30' WEST LINE SE QUARTER SECTION 11 IMO b CITY OF MEDINA TAMARACK EASEMENT VACATION EXHIBIT D.DWG Resolution No. 2008-27 May 20, 2008 DATE: 5-14-08 COMM: Bonestroo D-1 1 L _ \ 2 MINI VACATED MU EASEMENT BLACKFOOT TRAIL EXHIBIT E CITY OF MEDINA TAMARACK EASEMENT VACATION EXHIBIT E.DWG DATE: 5-14-08 Resolution No. 2008-27 May 20, 2008 COMM: L_ WEST LINE SE QUARTER SECTION 11 411. Bonestroo E-1 \O 1 2 MI VACATED ROADEASEMENT i i i i 1 30' WEST LINE SE QUARTER SECTION 11 i •eM� F Alt 1BLACKFOOT TRAIV` EXHIBIT F \ CITY OF MEDINA TAMARACK EASEMENT VACATION EXHIBIT F.DWG Resolution No. 2008-27 May 20, 2008 DATE: 5-14-08 COMM: 1 Bonestroo F-1 " 11111 VACATED CARTWAY EASEMENT Z. �BLACKFOOT TRAM EXHIBIT G 2 16.5' WEST L NE SE QUARTER SECTION 11 CITY OF MEDINA TAMARACK EASEMENT VACATION EXHIBIT G.DWG Resolution No. 2008-27 May 20, 2008 DATE: 5-14-08 COMM: G-1 Bonestroo