HomeMy WebLinkAbout2022-113 (Vacating a Portion of Unbuilt Public Right-of-Way [3rd & Hazel])City of Stillwater
Washington County, Minnesota
RESOLUTION 2022-113
A RESOLUTION VACATING A PORTION OF UNBUILT PUBLIC RIGHT-OF-WAY
LOCATED WITHIN THE CITY OF STILLWATER, MINNESOTA
WHEREAS, by that certain plat of Carli and Schulenburg's Addition to Stillwater,
Minnesota recorded on November 30, 1867 in the Washington County Register of Deeds, as
amended by that certain Sectional Map of Stillwater Minn. recorded as Document No. 416049
on March 19, 1981 in the Washington County Recorder's Office, Third Street was dedicated
as a public right-of-way; and
WHEREAS, Kathleen M. Middleton Revocable Trust, dated December 9, 1997, as
amended ("Owner"), is the fee owner of the following real property in Washington County,
Minnesota, with a property address of 101 Hazel Street, Stillwater, MN 55082:
The East 50 feet of Lot 1 and East 50 feet of the North Half of Lot 2, all in Block 46,
Carli and Schulenburg's Addition to Stillwater, Minnesota
AND
Abstract Property
PID: 21.030.20.13.0030
The South Half of Lot 2, Block 46, Carli and Schulenburg's Addition to Stillwater,
Minnesota
Abstract Property
PID: 21.030.20.13.0032
("Owner's Property"); and
WHEREAS, Owner petitioned to vacate a portion of Third Street adjacent to Owner's
Property, legally described as follows:
That part of North Third Street as dedicated in the plat of CARLI &
SCHULENBURG'S ADDITION as perfected and on file in the office of the County
Recorder, Washington County Minnesota, Tying South of East Hazel Street and
North of the north line of Lot 3, Block 46 and its easterly extension. Said north line
being the same as that described in Document No. 553625.
Subject to easements & restrictions of record, if any.
and depicted on Exhibit A ("Street"), attached hereto and incorporated herein; and
WHEREAS, the Street was never built; 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 Street 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.
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 Street 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.
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 6th day of September, 2022.
ATTEST:
Beth Wolf, City Cler
CITY OF STILLWATE
Ted ski, Mayor
2
EXHIBIT A
DEPICTION OF STREET TO BE VACATED
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