HomeMy Public PortalAbout2008-073 Resolution Vacating Drainage & Utility Easements at High Pointe RidgeMember Weir introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2008-73
RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS
ON LOT 1, BLOCK 1 AND LOT 2, BLOCK 1, HIGH POINTE RIDGE
WHEREAS, the city of Medina (the "City") is a municipal corporation,
organized and existing under the laws of Minnesota; and
WHEREAS, Mark E. Luetmer and Elizabeth R. Luetmer are the owners of Lot 1,
Block 1, High Pointe Ridge and Timothy Peter Druk and Julie Druk (collectively the
"Owners") are the owners of Lot 2, Block 1, High Pointe Ridge (collectively the
"Properties") in Hennepin County, Minnesota; and
nd
WHEREAS, the City has approved the plat of High Pointe Ridge 2 Addition,
which rearranges the common lot lines between the Properties;
WHEREAS, the Owners applied to the City for the vacation of the easements
described in Exhibit A which were dedicated to the public on Lot 1, Block 1 and Lot 2,
Block 1 of the plat of High Pointe Ridge;
WHEREAS, the City will obtain replacement drainage and utility easements on
the new plat of High Pointe Ridge 2nd Addition; and
WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public
hearing for October 21, 2008 to consider the proposed vacation of the described drainage
and utility easements to hear from all interested parties; 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, following the public hearing, the City determined that the vacation
of the old drainage and utility easement on Lot 1, Block 1 and Lot 2, Block 1 of the plat
of High Pointe Ridge is in the public interest, subject to acquisition of replacement
easements on the plat of High Pointe Ridge 2nd Addition.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of
Medina, Minnesota as follows:
1. The City hereby declares the easement described in Exhibit A which were
dedicated on Lot 1, Block 1 and Lot 2, Block 1 of the plat of High Pointe Ridge to
be vacated subject to obtaining necessary replacement easements.
Resolution No. 2008-73
October 21, 2008
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 satisfactory arrangements have been
made to file of the plat of High Pointe Ridge 2nd Addition.
Dated: October 21, 2008
T. M. Crosby, Jr., ayo
Attest:
n
tb
.
Gallup, Jodi Deputy CYerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Smith and upon vote being taken thereon, the following voted in favor thereof:
Weir, Smith, Johnson, Crosby
and the following voted against same: (Absent: Cavanaugh)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2008-73 2
October 21, 2008
EXHIBIT A
Description of Easements Vacated by this Resolution
In Lots 1 and 2, Block 1, HIGH POINTE RIDGE
Hennepin County, Minnesota
The drainage easements and the drainage and utility easements dedicated to the public in
the plat of HIGH POINTE RIDGE, which lie within Lots 1 and 2, Block 1, HIGH
POINTE RIDGE.
Resolution No. 2008-73 3
October 21, 2008