HomeMy Public PortalAbout2009-036 Resolution Vacating Portion of Drainage & Utility Easement for Holy Name ChurchMember Johnson introduced the following resolution and moved its adoption.
CITY OF MEDINA
RESOLUTION NO.2009-36
RESOLUTION VACATING A PORTION OF
DRAINAGE AND UTILITY EASEMENT
FOR HOLY NAME OF JESUS CHURCH
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Holy Name of Jesus Church, owner of Lot 1, Block 2, Holy Name Church
("Owner") in Hennepin County, Minnesota (the "Property"); and
WHEREAS, the City has approved a lot combination between the Property and the parcel
immediately to the east; and
WHEREAS, the Owners applied to the City for the vacation of a portion of the old drainage
and utility easement adjacent to lot line proposed to be removed; and
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 part of the
proposed lot combination; and
WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for
May 19, 2009 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 May 19, 2009, 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 certain
terms and conditions.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota as follows:
Resolution No. 2009-36
June 2, 2009
1. The City hereby declares the drainage and utility easement described in Exhibit A
attached hereto to be vacated subject to approval of a lot combination of the Property
with the parcel immediately to the east.
2. Upon satisfaction of the above condition, 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.
Dated: June 2, 2009
T.M. Crosby, Jr., M or
ATTEST:
Chad M. Adams, City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Weir and
upon vote being taken thereon, the following voted in favor thereof:
Johnson, Weir, Crosby, Siitari, Smith
and the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2009-36 2
June 2, 2009
Exhibit A
Legal Description of the Vacated Drainage and Utility Easements
Lot 1, Block 2, HOLY NAME CHURCH
The East 5 feet of Lot 1, Block 2, HOLY NAME CHURCH, Hennepin County, Minnesota,
according to the record plat thereof, excepting the North 5 feet and the South 10 feet thereof.
Resolution No. 2009-36
June 2, 2009