HomeMy WebLinkAbout2022-088 (Vacating Portions of Public Drainage and Utility Easements Located Within the City)City of Stillwater
Washington County, Minnesota
RESOLUTION 2022-088
A RESOLUTION VACATING PORTIONS OF PUBLIC DRAINAGE AND UTILITY
EASEMENTS LOCATED WITHIN THE CITY OF STILLWATER, MINNESOTA
WHEREAS, by that certain plat of Heritage Ridge recorded as Document No. 1256515
on November 14, 2018 in the Office of the Washington County Registrar of Titles, public
drainage and utility easements were dedicated over Lots 5, 6 and 7, Block 1, Heritage Ridge
("Public Drainage and Utility Easement"); and
WHEREAS, Fairway Development LLC, a Minnesota limited liability company
("Owner"), is the fee owner of Lots 5, 6 and 7, Block 1, Heritage Ridge, with respective
property addresses of 606 Heritage Place, Stillwater, MN 55082, 604 Heritage Place,
Stillwater, MN 55082 and 602 Heritage Place, Stillwater, MN 55082; and
WHEREAS, Owner petitioned to vacate portions of the Public Drainage and Utility
Easement, legally described as follows:
EASEMENT A VACATION:
The 10 foot wide easement dedicated for drainage and utility purposes over, under,
and across Lots 6 and 7, Block 1, HERITAGE RIDGE, Washington County,
Minnesota. The centerline of said easement is described as follows:
Beginning at the southwest corner of said Lot 7, Block 1, HERITAGE RIDGE;
thence on an assumed bearing of North 11 degrees 18 minutes 27 seconds
West, along the west line of said Lot 7, Block 1, a distance of 158.67 feet;
thence North 00 degrees 48 minutes 52 seconds East, continuing along said
west line of Lot 7, a distance of 154.37 feet to the northwest corner of said Lot
7, and said centerline there terminating.
EXCEPT
The north 10 feet and the south 10 feet of the above described easement.
EASEMENT B VACATION:
The 10 foot wide easement dedicated for drainage and utility purposes over, under,
and across Lots 5 and 6, Block 1, HERITAGE RIDGE, Washington County,
Minnesota. The centerline of said easement is described as follows:
Beginning at the northwest corner of said Lot 5, Block 1, HERITAGE RIDGE;
thence on an assumed bearing of North 89 degrees 36 minutes 22 seconds
East, along the north line of said Lot 5, Block 1, a distance of 156.17 feet to
the northeast corner of said Lot 5, and said centerline there terminating.
EXCEPT
The west 10 feet and the east 5 feet of the above described easement.
AND
That part of the drainage and utility easement dedicated on Lot 5, Block 1,
HERITAGE RIDGE, Washington County, Minnesota, described as follows:
Commencing at the northwest corner of said Lot 5, Block 1, HERITAGE
RIDGE; thence on an assumed bearing of North 89 degrees 36 minutes 22
seconds East, along the north line of said Lot 5, Block 1, a distance of 10.00
feet to the point of beginning of the easement to be vacated; thence
continuing North 89 degrees 36 minutes 22 seconds East, along said north
line, a distance of 42.89 feet; thence South 21 degrees 38 minutes 59
seconds West, a distance of 102.68 feet to the north line of the south 5.00
feet of said Lot 5; thence South 89 degrees 36 minutes 22 seconds West,
along said north line, a distance of 6.38 feet to the east line of the west 10.00
feet of said Lot 5; thence North 00 degrees 23 minutes 38 seconds West,
along said east line, a distance of 90.18 feet to the point of beginning.
Certificate of Title Nos. 77023, 77024 and 77025
and depicted on Exhibit A ("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 above and
depicted on Exhibit A; 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.3
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 above and depicted on Exhibit A.
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.
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Adopted by the Stillwater City Council this 21st day of June, 2022.
ATT ST:
Beth Wolf, City Cler,
CITY OF STILLWATER
Ted Kozlowski, Mayor
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