HomeMy WebLinkAbout2022-043 (Vacating a Portion of Public Drainage and Utility Easement Located Within the City )City of Stillwater
Washington County, Minnesota
RESOLUTION 2022-043
A RESOLUTION VACATING A PORTION OF PUBLIC DRAINAGE AND UTILITY
EASEMENT LOCATED WITHIN THE CITY OF STILLWATER, MINNESOTA
WHEREAS, by that certain plat of KERN-PAULEY ADDITION recorded as Document
No. 401055 on January 23,1980 in the Washington County Recorder's Office, public drainage
and utility easements were dedicated over Lots 4 and 5, Block 2, KERN-PAULEY ADDITION
("Public Drainage and Utility Easement"); and
WHEREAS, River Valley Professionals, a Minnesota general partnership, petitioned
to vacate a portion of the Public Drainage and Utility Easement located over its real property
at 1701 Curve Crest Boulevard, Stillwater, Minnesota, and legally described on Exhibit A and
depicted on Exhibit B ("Easement"), attached hereto and incorporated herein; and
WHEREAS, pursuant to Minn. Stat. § 412.851, on petition of the majority landowners,
with a majority vote of its members, the City Council may vacate any street, alley, public
grounds, public way or any part thereof within the City by Resolution; and
WHEREAS, the City of Stillwater wishes to vacate the Easement described on Exhibit
A and depicted on Exhibit B; and
WHEREAS, a notice of a public hearing on said vacation was duly published, posted
and mailed in accordance with applicable Minnesota Statutes, and a public hearing was held
on said vacation; and
WHEREAS, the City Council of Stillwater then proceeded to hear all persons
interested in said vacation and all persons interested were afforded an opportunity to
present their views and objections to the granting of said vacation; and
WHEREAS, the City Council of Stillwater has determined that the vacation would be
in the public interest.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater as
follows:
1. That pursuant to Minn. Stat. § 412.851, hereby vacates the Easement described
on Exhibit A and depicted on Exhibit B.
2. That said vacation has no relationship to the City's Comprehensive Plan and
therefore the Stillwater City Council has dispensed with the requirements of
Minn. Stat. § 462.356, Subd. 2, that may require the Stillwater Planning
Commission to perform a Comprehensive Plan compliance review of said
vacation that may constitute a disposal of real property pursuant to § 462.356,
Subd. 2.
3. That the City Clerk shall prepare a notice to be presented to the Washington
County Auditor reflecting the completion of the proceedings herein.
Adopted by the Stillwater City Council this 15th day of March, 2022.
ATT ST:
Beth Wolf, City
CITY OF STILLWATER
Ted Kozlowski, Mayor
2
EXHIBIT A
LEGAL DESCRIPTION OF
EASEMENT TO BE VACATED
Those particular drainage and utility easements as dedicated on the plat of KERN-PAULEY
ADDITION, according to the plat on file in the office of the County Recorder, Washington
County, Minnesota, along the line common to Lots 4 and 5, Block 2, lying southerly of the
northerly 10.00 feet of said Lots 4 and 5 and which lies northerly of a line perpendicular to
the west line of said Lot 5 distant 40.00 feet northerly of the southwest corner of said Lot 5.
A-1
EXHIBIT B
DEPICTION OF
EASEMENT TO BE VACATED
B-1