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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 CERTIFICATE OF SURVEY „ „ t % 8d. HARE/F7• ��+a 57.: .70 rs' PART' rp�gfµL N!1 f I'ix• ¢Y•Ae r Srrnw /�`- S�-I� LEgp N/•/2• 5 /W s• 711 Jorfs, -7*. E.rrr fo ,5r.er iz. NA 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. iII lak� �h IN - tq —- -',//i3%O•A'. rs /Ff:9¢-- -'—../.,1 N 'St �'_ A A� rr� `1 r•. ro k k Ipn t:, c` oN 1 �� Y ap.��le ,x M4 1° No w I' ) MV k IN .., , w5 I: .. L'1 I'.� S. �Sn R' 1 p, F. i' � . U% `l d nl'41 I1 9! ate_kik ! y. p I t `` 1 �i r. , t A'R I Q Vl4 1 'a A l 1 (/1 I kiN, j ti A i 4 1 / k�/ gfeR r-/ary AG•sc: • !/.fCrlii/N LLSS.1w/ Frr� si+Ccr I /0 497 sa. Fr. O GL/r flti EAs^rv,EN7 ? r.. rah L" /f3srr .e. xr p r.1 /Ifa. (Trri ti h' I �_ __,,S g3$7t'G 1, 9 s.N$7:j • ¢l rr; fi \ , \j] b 1 1ii l,y m'dry the this surety, pion, cr r4purt was .1 preparrd by me arueder mp dirctir wPcrritilon and than b vm a duly Reaittered land Sueeyer under ehe saws of 01 3 L�� thr Soule a Minne'Yna, Dare Dec. 14, 2022 11d0o.... 13•714 A-1