HomeMy WebLinkAbout2022-072 (Vacating a Public Drainage and Utility Easement Located Within the City)City of Stillwater
Washington County, Minnesota
RESOLUTION 2022-072
A RESOLUTION VACATING A PUBLIC DRAINAGE AND UTILITY EASEMENT LOCATED
WITHIN THE CITY OF STILLWATER, MINNESOTA
WHEREAS, by that certain Declaration of Drainage and Utility Easement dated October
28, 2021, recorded as Document No. 4343125 on November 2, 2021, in the Washington County
Recorder's Office, the following was declared to be a public drainage and utility easement:
An Easement for Drainage and Utility purposes over, under and across that part of Lot 3,
Block 1, MARYLANE GATEWAY ADDITION, Washington County, Minnesota described
as lying easterly, southerly and easterly of the following described line: COMMENCING at
the southeast corner of said Lot 3; thence on an assumed bearing of North 89 degrees 14
minutes 12 seconds West along the south line of said Lot 3 a distance of 142.41 feet to
the POINT OF BEGINNING of the line to be described; thence North 00 degrees 45
minutes 48 seconds East a distance of 7.80 feet; thence North 77 degrees 13 minutes 56
seconds East a distance of 32.40 feet; thence North 00 degrees 45 minutes 48 seconds
East a distance of 47.63 feet to the north line of said Lot 3 and said line there terminating
EXCEPTING THEREFROM those particular Drainage and Utility Easements as dedicated
on said Lot 3 on the plat of said MARYLANE GATEWAY ADDITION.
("Easement"); and
WHEREAS, the Easement is not for public use; and
WHEREAS, pursuant to Minn. Stat. § 412.851, 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 legally described above;
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:
1. That pursuant to Minn. Stat. § 412.851, hereby vacates the Easement legally
described above.
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 17th day of May, 2022.
CITY OF STILLWATER
ATT , T:
Beth Wolf, City Cie
Ted Kozlowski, Mayor
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Receipt:# 592840
4371950
VAC $46 00
Transferred
CRV Not Requiredd
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Return to:
Certified Filed and/or recorded on:
E - SIMPLIFILE
4844 North 300 West
5/24/2022 1:26 PM
Suite 202
4371950
Provo UT 84804
Office of the County Recorder
Washington County, Minnesota
Jennifer Wagenius, County Recorder
Jennifer Wagenius, Auditor Treasurer
aj.ka.ter
THE BIRTHPLACE OF MINNES0
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STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
I, Beth Wolf, do hereby certify that the foregoing is a true and correct copies of
Resolution 2022-072, A Resolution Vacating a Public Drainage and Utility Easement Located
Within the City of Stillwater, Minnesota, adopted by the City of Stillwater, at a meeting held,
according to law, at Stillwater, Minnesota, on the 17th day of May, 2022, as the same
appears on file and of record in the offices of the City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the official seal
of said City of Stillwater, this 18th day of May, 2022.
Ad, f d*�
Beth Wolf, City Clerk
CITY HALL: 216 FOURTH STREET NORTH • STILLWATER, MINNESOTA 55082
PHONE: 651-430-8800 • WEBSITE: www.dstillwater.mn.us
NOTICE OF COMPLETION OF VACATION
CITY OF STILLWATER
COUNTY OF WASHINGTON — STATE OF MINNESOTA
To Whom It May Concern:
Please take notice:
1. Pursuant to Minn. Stat. § 412.851, the City of Stillwater initiated the vacation of
the following public easement situated in the City of Stillwater, County of Washington, State of
Minnesota:
An Easement for Drainage and Utility purposes over, under and across that part of Lot 3,
Block 1, MARYLANE GATEWAY ADDITION, Washington County, Minnesota
described as lying easterly, southerly and easterly of the following described line:
COMMENCING at the southeast corner of said Lot 3; thence on an assumed bearing of
North 89 degrees 14 minutes 12 seconds West along the south line of said Lot 3 a distance
of 142.41 feet to the POINT OF BEGINNING of the line to be described; thence North 00
degrees 45 minutes 48 seconds East a distance of 7.80 feet; thence North 77 degrees 13
minutes 56 seconds East a distance of 32.40 feet; thence North 00 degrees 45 minutes 48
seconds East a distance of 47.63 feet to the north line of said Lot 3 and said line there
terminating EXCEPTING THEREFROM those particular Drainage and Utility Easements
as dedicated on said Lot 3 on the plat of said MARYLANE GATEWAY ADDITION, as
declared in the Declaration of Drainage and Utility Easement dated October 28, 2021,
recorded as Document No. 4343125 on November 2, 2021, in the Washington County
Recorder's Office.
2. Notice of public hearing of said vacation was duly published, posted, and mailed in
accordance with applicable Minnesota Statutes, and the public hearing was held on Tuesday, May
17, 2022.
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3. The City Council of the City of Stillwater 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 proposed vacation.
4. That on the 17th day of May, 2022 the City Council of Stillwater pursuant to Minn.
Stat. § 412.851, did adopt Resolution 2022-072 and did thereby vacate the public drainage and
utility easement.
IN WITNESS WHEREOF, the City Clerk of the City of Stillwater has executed this
Notice of Completion of Vacation.
CITY OF STILLWATER
By:
Beth Wolf, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this day of , 2022, before me a Notary Public within and for
said County, personally appeared 13et1i i0lf to me personally known, who being by me duly
sworn, did say that she is the City Clerk of the City of Stillwater, a Minnesota municipal
corporation, the municipality named in the foregoing instrument, and that the seal affixed to said
instrument was signed and sealed on behalf of said municipality by authority of its City Council
and said City Clerk acknowledged said instrument to be the free act and deed of said municipality.
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THIS INSTRUMENT WAS DRAFTED BY
AND AFTER RECORDING, RETURN TO:
Korine L. Land, #262432
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
651-451-1831
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Notary Public
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