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HomeMy Public PortalAbout2010-032 Resolution Vacating a Portion of Drainage & Utility Easements at 1985 Hamel RdMember Weir introduced the following resolution and moved its adoption. CITY OF MEDINA RESOLUTION NO.2010-32 RESOLUTION VACATING A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS AT 1985 HAMEL ROAD WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Dan R. Strand and Elizabeth M. Strand (the "Owners"), own property legally described as Lot 7, Block 1, French Ridge, Hennepin County, Minnesota (the "Property"); and WHEREAS, the Owners have requested approval from the City to combine the Property with the parcel immediately to the east which is legally described as Outlot A, French Ridge, Hennepin County, Minnesota in order to create one lot; and WHEREAS, drainage and utility easements have previously been dedicated to the public around the perimeter of the Property; and WHEREAS, a portion of these easements would be located within the interior of the lot created when the Property is combined with Outlot A; and WHEREAS, the Owners have requested, following the combination of the Property and Outlot A, that the City vacate the portion of the easements which would be interior of the combined lot; and WHEREAS, the Owners have agreed to grant new drainage and utility easements along the perimeter of the lot created by combining the Property and Outlot A; and WHEREAS, the City has determined that the portion of the drainage and utility easements which would be located in the interior of the combined lot are no longer needed by the City; and WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for April 20, 2010 to consider the proposed vacation of the described drainage and utility easements and 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 4, 2010, at which hearing all interested parties were heard; and Resolution No. 2010-32 May 18, 2010 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 that the drainage and utility easements described in Exhibit A, attached hereto, shall be declared vacated, subject to the following terms and conditions: 1. Vacation of the easements shall be contingent upon combination of Lot 7, Block 1 and Outlot A, French Ridge, Hennepin County, Minnesota into a single lot; and 2. The Owners shall grant easements, as approved by the City, along the perimeter of the lot created by the combination of the Property and Outlot A. BE IT HEREBY FURTHER RESOLVED that upon satisfactory completion of the above terms and conditions, 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: May 18, 2010. T.M. Crosby, Jr., Mayor ATTEST: (t.4 (o 4-74, Chad M. Adams, City Administrator -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, Siitari And the following voted against same: (Absent: Smith) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2010-32 2 May 18, 2010 1� Exhibit A Legal Description of the Vacated Drainage and Utility Easements That part of the drainage and utility easement over the East 10 feet of Lot 7, Block 1, FRENCH RIDGE which lies south of the south lino of the north 10 feet of said Lot 7 and which lies north of the north line of the south 5 feet of said Lot 7. Resolution No. 2010-32 May 18, 2010