HomeMy Public PortalAbout2010-006 Resolution Vacating Portions of Drainage & Utility Easement 2800 Cabaline TrlMember Weir introduced the following resolution and moved its adoption.
CITY OF MEDINA
RESOLUTION NO.2010-06
RESOLUTION VACATING PORTIONS OF A
DRAINAGE AND UTILITY EASEMENT
AT 2800 CABALINE TRAIL AND 2830 CABALINE TRAIL
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Seth N. Kahn and Jan D. Kahn (the "Owners"), own property legally
described as Lot 1, Block 1, Tuckborough Farm 4th Addition, Hennepin County, Minnesota (the
"Property"); and
WHEREAS, the Owners have applied to the City for the vacation of a portion of drainage
and utility easements which are located in the interior the Property and the neighboring lot; and
WHEREAS, the City has determined that this portion of the drainage and utility easements
are no longer needed by the City; and
WHEREAS, the City will continue to retain standard drainage and utility easements around
the perimeter of both lots; and
WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for
January 19, 2010 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 January 19,
2010, at which hearing all interested parties were heard; and
WHEREAS, following the public hearing, the City determined that the vacation of the
drainage and utility easements 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:
1. The City hereby declares the drainage and utility easements described in Exhibit A,
I attached hereto, to be vacated;
Resolution No. 2010-06
January 19, 2010
2. Vacation of the easements described in Exhibit A shall not be construed to extend to
the easements dedicated on the plat of Tuckborough Farm 4th Addition, which shall
be retained for the public.
3. 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: January 19, 2010
T.M. Crosby, Jr., Mayo2
ATTEST:
Chad M. Adams, City Administrator -Clerk
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, Crosby, Siitari
And the following voted against same: (Absent: Johnson)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2010-06 2
January 19, 2010
Exhibit A
Legal Description of the Vacated Drainage and Utility Easements
A portion of the drainage and utility easements dedicated to the public on the recorded plat of
TUCKBOROUGH FARM THIRD ADDITION, legally described as: THE SOUTHERLY 10
FEET OF OUTLOT A ON THE RECORDED PLAT OF TUCKBOROUGH FARM THIRD
ADDITION, HENNEPIN COUNTY, MINNESOTA
A portion of the drainage and utility easements dedicated to the public on the recorded plat of
TUCKBOROUGH FARM SECOND ADDITION , legally described as: THE SOUTHERLY
10 FEET OF OUTLOT B ON THE RECORDED PLAT OF TUCKBOROUGH FARM
SECOND ADDITION, HENNEPIN COUNTY, MINNESOTA
Resolution No. 2010-06
January 19, 2010