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HomeMy Public PortalAbout2008-044 Resolution Vacating Portion of Drainage & Utility Easemt for Willowood Farm & Fox Run FarmMember Smith introduced the following resolution and moved its adoption. CITY OF MEDINA RESOLUTION NO.2008-44 RESOLUTION VACATING A PORTION OF DRAINAGE AND UTILITY EASEMENT FOR WILLOWOOD FARM AND FOX RUN FARM WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, James S. Lane III and Joan L. Lane are the owners of Lot 1, Block 1, Fox Run Farm and Gary V. Kirt and Karen B. Kirt are the owners of Lot 1, Block 1, Willowood Farm (collectively the "Owners") in Hennepin County, Minnesota (the "Property"); and WHEREAS, the City has approved the lot line rearrangement of the southeasterly common lot line between Lot 1, Block 1, Fox Run Farm and the westerly common lot line of Lot 1, Block 1, Willowood Farm; 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 June 17, 2008 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 June 17, 2008, 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. Resolution No. 2008-44 June 17, 2008 NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota as follows: 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 Lot 1, Block 1, Fox Run Farm and Lot 1, Block 1, Willowood Farm. Dated: June 17, 2008 T.M. Crosby, Jr., Ma ATTEST: Chad M. Adams, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Weir upon vote being taken thereon, the following voted in favor thereof: Crosby, Smith, Weir, Cavanaugh and the following voted against same: (Absent: Johnson) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2008-44 2 June 17, 2008 Exhibit A Legal Description of the Vacated Drainage and Utility Easements Lot 1, Block 1, WILLOWOOD FARM That part of the 10 foot wide drainage and utility easement dedicated to the public in the plat of WILLOWOOD FARM, being that part of the west 10 feet of Lot 1, Block 1, WILLOWOOD FARM which lies south of the north 10 feet of said Lot 1, Block 1, WILLOWOOD FARM and southerly of the northerly line of the drainage easement in said Lot 1, Block 1, WILLOWOOD FARM. Lot 1, Block 1, FOX RUN FARM That part of the 5 foot wide drainage and utility easement dedicated to the public adjoining the east line of that part of Lot 1, Block 1, FOX RUN FARM, which lies southerly of the westerly extension of the south line of Lot 2, Block 1, FOX RUN FARM. Resolution No. 2008-44 June 17, 2008 EXHIBIT B LEGAL DESCRIPTION OF NEW DRAINAGE AND UTILITY EASEMENT A drainage easement over, under and across that part of Lot 1, Block 1, Willowood Farm, which lies westerly of the following described line: Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of South 0 degrees 04 minutes 30 seconds West along the west line of said Lot 1 a distance of 38.00 feet to the point of beginning of the line being described; thence South 28 degrees East a distance of 75.00 feet; thence South 0 degrees 04 minutes 30 seconds West a distance of 33.00 feet; thence southwesterly to a point on said west line distant 196.93 feet south, as measured along said west line, from said Northwest corner, and said line there ending. Resolution No. 2008-44 June 17, 2008