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