HomeMy Public PortalAbout2008-053 Resolution Vacating a Flowage Easement on 250 Bergamot DrMember Weir introduced the following resolution and moved its adoption.
CITY OF MEDINA
RESOLUTION NO.2008-53
RESOLUTION VACATING A FLOWAGE EASEMENT ON 250 BERGAMOT DRIVE,
LOT 6, BLOCK 2, WILD MEADOWS FOURTH ADDITION
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, the City has received a request from James P. Mackin and Nicole S. Mackin
(collectively, the "Applicants"), who are the fee owners of the property at 250 Bergamot Drive, to
vacate a flowage easement on their property, which is legally described in Exhibit A; and
WHEREAS, the City has determined that the flowage easement is no longer needed by the
City; and
WHEREAS, the City will obtain a replacement flowage easement on Lot 6, Block 2, Wild
Meadows, as legally described and set forth in Exhibit B; and
WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for
August 6, 2008 to consider the proposed vacation of the described flowage easement; 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 August 6, 2008,
at which hearing all interested parties were heard; and
WHEREAS, following the public hearing, the City determined that the vacation of the
flowage easement as described in Exhibit A is in the public interest, subject to acquisition of a
replacement easement as legally described and set forth in Exhibit B.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota as follows:
1. The City hereby declares that the flowage easement described in Exhibit A attached
hereto to be vacated subject to obtaining the flowage easement as stated 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
flowage easement.
Resolution No. 2008-53
August 6, 2008
Dated: August 6, 2008
T.M. Crosby, Jr., Ma
ATTEST:
Joti Wunsch, Deputy Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Johnson and
upon vote being taken thereon, the following voted in favor thereof:
Weir, Johnson, Crosby, Cavanaugh, Smith
and the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2008-53 2
August 6, 2008
EXHIBIT A
Legal description of the Vacated Flowage Easement
An easement for drainage purposes over, under, and across that part of Lot 6, Block 2,
WILD MEADOWS FOURTH ADDITION, Hennepin County, Minnesota, according to
the record plat thereof, that lies 25.00 feet Easterly of and adjoining Line A and 20.00
feet Easterly and Southerly of and adjoining Line B:
Line A is described as follows:
Beginning at the Southwest corner of said Lot 6; thence on an assumed bearing of
North 13 degrees 28 minutes 01 seconds West, along the West line of said Lot 6,
a distance of 106.64 feet and said Line A there terminating.
Line B is described as follows:
Commencing at the Southwest comer of said Lot 6; thence on an assumed bearing
of North 13 degrees 28 minutes 01 seconds West, along the West line of sold Lot
6, a distance of 106.64 feet to the point of beginning of said Line B; thence North
09 degrees 49 minutes 17 seconds East, a distance of 97.32 feet; thence North 53
degrees 33 minutes 39 seconds East, a distance of 33.89 feet; thence North 71
degrees 34 minutes 37 seconds East, a distance of 44.61 feet; thence North 06
degrees 29 minutes 39 seconds Fast, a distance of 71.13 feet to the East line of
said Lot 6 and said Line B there terminating.
Resolution No. 2008-53
August 6, 2008
3
EXHIBIT B
Form and Legal Description of Replacement Easement
FLOWAGE EASEMENT AGREEMENT
AND WAIVER OF DAMAGES
THIS INDENTURE, made and entered into this _ day of July, 2008, by and between
James P. Mackin and Nicole S. Mackin, husband and wife, and their heirs, assigns, and successors
(the "Grantors") and the city of Medina, its successors and assigns, a municipal corporation under
the laws of Minnesota (the "Grantee")
Grantors are the fee owners of the property legal described as Lot 6, Block 2, WILD
MEADOWS FOURTH ADDITION, Hennepin County, Minnesota, according to the record plat
thereof (the "Property").
Grantors, for and in consideration of the sum of One Dollar ($1.00) and other valuable
consideration, hereby covenant, grant, gift, quit claim and convey to Grantee the right to restrict and
Grantors agree to limit and preclude the use, improvement and development, under the conditions
and covenants herein contained, the portion of the Property described in Exhibit A attached hereto
(the `Basement Area") as follows:
1. Grantors hereby covenant and agree:
A. No structures or other improvements shall be constructed, erected, or placed
upon or beneath the Easement Area including without limitation, buildings,
pools, fences, fireplaces, steps, decks, patios, hardcover or roads of any
nature whatsoever. Drainage improvements which involve hardcover may
be approved on a case -by -case basis following review by the Grantee.
B. No trees, shrubs or other vegetation shall be destroyed, cut or removed from
the Easement Area except as authorized by written consent of Grantee.
C. No earth, loam, peat, gravel, soil or any other natural material or substance
shall be moved or removed from the Easement Area and there shall be no
excavation of any nature whatsoever or any change of the topography of the
Easement Area without the written consent of Grantee.
D. No soil, sand, gravel or other substance or material as landfill shall be
placed, dumped or stored upon the Easement Area and no waste, trash or
garbage shall be placed, dumped or stored upon the Easement Area.
E. No use shall be made of the Easement Area except uses, if any, which will
not change or alter the natural condition of the Easement Area, and no use
which would tend to adversely change the drainage, flood control, water
Resolution No. 2008-53
August 6, 2008
4
ii
conservation, erosion control or soil conservation characteristics shall be
made of the Easement Area or the water situated thereon.
F. Grantee may enter upon the Property for the purposes of inspection and
enforcement of the covenants contained herein and to cause to be removed
from the Easement Area without any liability any structures, uses, materials,
substances or other matter inconsistent with the covenants contained herein
and the natural state of the Easement Area.
2. Grantors hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage
easement and right and privilege to trespass with water over and upon any or all of
the Easement Area.
3. Grantors herein do hereby remiss, release, acquit and forever discharge the Grantee
and any and all of its officers, agents and employees of and from any and all claims,
demand or causes of action of any kind or nature whatsoever which may arise or
accrue by virtue of any flowage or trespass with water within the terms of this
agreement.
In addition to any other remedy the Grantee may have, the covenants and restrictions
contained herein may be enforced by injunction.
Grantors do not intend that the public should have any interest in the Easement Area by
virtue of this indenture or otherwise, except as hereinabove set forth.
Resolution No. 2008-53
August 6, 2008
5
All provisions hereof shall run with the land and shall extend to and bind the heirs,
successors, representatives, grantees or assigns of the respective parties hereto.
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
SS.
GRANTORS
James P. Mackin
Nicole S. Mackin
This instrument was acknowledged before me this day of
2008, by James P. Mackin and Nicole S. Mackin, husband and wife, Grantors.
This instrument was drafted by:
Kennedy & Graven
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300 (RHB)
Resolution No. 2008-53
August 6, 2008
NOTARY PUBLIC
6
EXHIBIT A
EASEMENT LEGAL DESCRIPTION
That part of Lot 6, Block 2, WILD MEADOWS FOURTH ADDITION, Hennepin County,
Minnesota, according to the record plat thereof, that lies 25.00 feet Easterly of and adjoining Line A
and 20.00 feet Easterly and Southerly of and adjoining Line B:
Line A is described as follows:
Beginning at the Southwest corner of said Lot 6; thence on an assumed bearing of
North 13 degrees 28 minutes 01 seconds West, along the West line of said Lot 6, a
distance of 106.64 feet and said Line A there terminating.
Line B is described as follows:
Commencing at the Southwest corner of said Lot 6; thence on an assumed bearing of
North 13 degrees 28 minutes 01 seconds West, along the West line of said Lot 6, a
distance of 106.64 feet to the point of beginning of said Line B; thence North 09
degrees 49 minutes 17 seconds East, a distance of 97.32 feet; thence North 53
degrees 33 minutes 39 seconds East, a distance of 33.89 feet; thence North 71
degrees 34 minutes 37 seconds East, a distance of 44.61 feet; thence North 06
degrees 29 minutes 39 seconds East, a distance of 71.13 feet to the East line of said
Lot 6 and said Line B there terminating.
AND
That part of Lot 6, Block 2, WILD MEADOWS FOURTH ADDITION, Hennepin County,
Minnesota, according to the record plat thereof described as follows:
Commencing at the Southwest corner of said Lot 6; thence on an assumed bearing of
North 13 degrees 28 minutes 01 seconds West, along the West line of said Lot 6, a
distance of 106.64 feet to the point of beginning; thence North 09 degrees 49
minutes 17 seconds East, a distance of 97.32 feet; thence South 49 degrees 49
minutes 41 seconds West, a distance of 43.07 feet to the West line of said Lot 6;
thence South 13 degrees 28 minutes 01 seconds East along said West line to the
point of beginning.
Resolution No. 2008-53
August 6, 2008