HomeMy WebLinkAbout2023-025 (Vacating A Portion Of Unbuilt Public Right-Of-Way Located Within The City)City of Stillwater
Washington County, Minnesota
RESOLUTION 2023-025
A RESOLUTION VACATING A PORTION OF UNBUILT PUBLIC RIGHT-OF-WAY
LOCATED WITHIN THE CITY OF STILLWATER, MINNESOTA
WHEREAS, by that certain plat of Holcombe's Addition to Stillwater, Minnesota
recorded on June 28, 1855 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, South Harriet Street was dedicated as a
public right-of-way; and
WHEREAS, Anthony S. Drollinger and Angela B. Simonson (collectively "Owner No.
1"), are the fee owners of the real property in Washington County, Minnesota, with a property
address of 629 Anderson Street West, Stillwater, MN 55082, legally described as follows:
Lot 6 and all that part of Lot 7 lying Westerly of a Southerly projection of the Easterly
line of said Lot 6, all in Block 16, Holcombe's Addition to Stillwater, Washington
County, Minnesota. Together with all that part of the vacated East 10.00 feet of South
Harriet Street Adjacent to the Westerly lines of said Lots 6 & 7, Block 16, Holcombe's
Addition to Stillwater, as said vacated portion is more particularly described in Doc.
No. 425731, on file and of record in the office of the County Recorder of said
Washington County, Minnesota.
Abstract Property
PID: 33.030.20.21.0111
("Owner No. 1's Property"); and
WHEREAS, David M Grim ("Owner No. 2"), is the fee owner of the real property in
Washington County, Minnesota, with a property address of 705 Anderson Street West,
Stillwater, MN 55082, legally described as follows:
Lots 1, and 2, and 8, Block 15, Holcombe's Addition to Stillwater, Washington County,
Minnesota.
Abstract Property
PID: 33.030.20.21.0132
("Owner No. 2's Property"); and
WHEREAS, Owner No. 1 and Owner No. 2 are hereinafter referred to collectively as
Owners; and
WHEREAS, Owner No. 1's Property and Owner No. 2's Property are hereinafter
referred to collectively as Owners' Properties; and
WHEREAS, Owners petitioned to vacate a portion of South Harriet Street adjacent to
Owners' Properties, legally described as follows:
All that part of platted Smith St., (a.k.a. South Harriet St.) as shown on the recorded
plat of Holcombe's Addition to Stillwater, Washington County as Document No.
416049, said part being more particularly described as follows, to wit:
All that part of said platted Smith St., (a.k.a. South Harriet St.) lying southerly
of the southerly line of West Anderson Street, northerly of the southerly line of
said Holcombe's Addition and westerly of the westerly line of the vacated
easterly ten feet of said South Harriet Street.
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.
3. That the City Clerk shall prepare a notice to be presented to the Washington
County Auditor reflecting the completion of the proceedings herein. Said notice
shall be recorded with the Washington County Recorder.
Adopted by the Stillwater City Council this 7th day of February, 2023.
ATTE T:
Beth Wolf, City CI
15(
CITY OF S L WATER .
Ted Kozlowski, Mayor
2
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EXHIBIT A
DEPICTION OF STREET TO BE VACATED
SLEET '/ 07 8 SHEETS
PROPOSED STREET VACATION DETAILS:
Notes:
aanring systen .IS ansumed. M.• X»,di ,e i.es nen.aured
• indicates iron found 1n olaua BARRE1T N•SfACK value.
.3r.t Or. `dtLn in prior surveys_ STILLWATR41, MINN. 55082 "R." Lr iicaeri reco!:d value.
o Indicates 413'/'/4. iron„ pipe sot or MSENe50'rAxkcrxr0K D See Sheets 2 thru 8 for existing
to be set alter SL. V. and Minor LANDSi:RYSYOii afad Proposed parcel 'descriptions .
Subd. are approved by the City. 7bL No.439-3630 Darilleil 111.CA , illc]icatc existing parcels.
Survey Made ?ass Ar�Lhory Droll Inger aval Angela. Simo'•.son Solid lines indicate proposed St.
629 West Anderson, Street Vac. Lines or exist. parcel linos.
Sti1.'wator, MN .iii?I82
Nol.es:••
Existing Drollinger/Simonsen Parcel description and exisuing Grim Parcel description, (as
supplied). See Shoot 2 of 8 Sheets.
See Sheet 8 "of 8 Sheets for graphic d.etail.o of overall lira). Drollinger/Simonsen and Grim Cinal
overall parcel details.
See Sheet 6 of 8 Sheets Fon overall Millor' Subo. and St. Vaeal:ion parcels, combined.
See ShaeL 1 of 8 Sheets for 'roposed Srcet. Vr.eetiorr Description.
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