HomeMy Public PortalAbout2012-68 Resolution Vacating Cartway Easements in NE Quarter of NE Quarter of Sect 13Member Weir introduced the following resolution and moved its adoption.
CITY OF MEDINA
RESOLUTION NO.2012-68
RESOLUTION VACATING CARTWAY EASEMENTS
IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, the City has approved the plats of The Enclave at Brockton and The Enclave
at Brockton 2nd Addition which dedicates certain right-of-way for Brockton Lane N.; and
WHEREAS, there exists of record a cartway easement per document No. 1207741 which is
legally described as: A 16.5 foot cartway easement along the East line of the South 345 feet of the
North 690 feet of the Northeast Quarter of the Northeast Quarter of Section 13, Township 118,
Range 23; and
WHEREAS, there exists of record a cartway easement per document No. 1386637 which is
legally described as: A 16.5 foot cartway easement over part of the property described as the South
382.00 feet of the North 1072.00 feet of the East 607.00 feet of the Northeast Quarter of the
Northeast Quarter of Section 13, Township 118, Range 23 as shown in deed Doc. no. 1386637; and
WHEREAS, the cartway easements are located within the area dedicated as right-of-way
for Brockton Lane N. on the plats of The Enclave at Brockton and The Enclave at Brockton 2nd
Addition; and
WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for
October 2, 2012 to consider the proposed vacation of rights granted to the public by said cartway
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 October 2, 2012,
at which hearing all interested parties were heard; and
WHEREAS, following the public hearing, the City determined that the vacation of any
rights granted to the public by the cartway easement is in the public interest.
Resolution No. 2012-68
October 2, 2012
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota as follows:
1. The City hereby declares any public rights granted by the cartway easements per
document No. 1207741 and 1386637 are hereby vacated subject to recording of the
plat of The Enclave at Brockton.
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
right-of-way only after the filing of plat of The Enclave at Brockton.
Dated: October 2, 2012.
T.M. Crosby, Jr., Ma or
ATTEST:
Scott T. Johnson, City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Martinson
and upon vote being taken thereon, the following voted in favor thereof:
Crosby, Martinson, Pederson, Siitari, Weir
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2012-68 2
October 2, 2012